Blog Post
08/17/2020
By Ruth A. Rauls and Gillian A. Cooper

On August 3, 2020, the Federal District Court for the Southern District of New York determined that the Department of Labor (DOL) overstepped its authority with respect to certain key regulations promulgated under the Families First Coronavirus Relief Act (FFCRA). The State of New York sued the DOL in federal court arguing the DOL’s interpretation of the FFCRA unlawfully narrowed workers’ eligibility for leave provided under FFCRA. The court sided with New York and vacated the portions of the Final Rule related to: (1) the “work-availability” requirement; (2) the definition of “health care provider;” (3) the provisions relating to intermittent leave; and (4) the documentation requirements. For now, this decision only impacts the Southern District of New York, as we wait to see if the DOL will appeal to the Second Circuit or revise portions of the Final Rule.
 

Blog Post
07/13/2020
By Ruth A. Rauls and Gillian A. Cooper

New York, New Jersey, Connecticut and Pennsylvania recently announced travel restrictions for individuals entering the respective states to continue efforts to slow the transmission of COVID-19. Individuals traveling from states with high COVID-19 infection rates must quarantine for 14 days upon arrival.

Blog Post
06/30/2020
By Lisa M. Koblin and Kevin M. Levy

On June 26, 2020, Philadelphia Mayor Jim Kenney signed the Essential Workers Protection Act which prohibits employers from retaliating against employees who raise concerns about a business’s COVID-19 response plan. The new ordinance applies to all employers in Philadelphia and protects employees who make a good faith communication based on job duties that discloses information that may evidence a violation of a COVID-19 public health order. Importantly, the ordinance imposes a rebuttable presumption that an employer has retaliated against a whistleblowing employee if any adverse employment action is taken against them within 90 days of the employee’s protected disclosure.

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