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A federal court recently dismissed a lawsuit filed by an employee and his spouse seeking to hold his employer liable for both of them contracting COVID-19. The dismissal should bring comfort to employer anxiety over lawsuits by employees and their family members that seek damages for possibly...
On April 21, 2021, President Biden announced that new tax credits are available to small businesses under the American Rescue Plan to incentivize vaccinations and to promote employee health around the country.
The federal Occupational Safety and Health Administration (OSHA) recently released a list of sixteen new recommendations for employers in light of the ongoing COVID-19 pandemic at the request of the newly-installed Biden Administration.
In 2015, Illinois became one of the first states to enact a “ban the box” law, preventing employers from inquiring about criminal histories on employment applications. The “ban the box” law followed a general prohibition in Illinois under the Illinois Human Rights Act (IHRA) on basing any employment...
A recent decision by a federal court in Florida could invite protracted litigation for large employers who engaged in mass layoffs after the COVID-19 pandemic arrived, if those employers did not provide 60 days’ notice under the federal Worker Adjustment and Retraining Notification (WARN) Act and...
On January 5, 2021, New York City Mayor Bill de Blasio signed two new laws that provide significant safeguards for workers in NYC’s fast food industry. Effective July 4, 2021, fast food employees who have completed an initial 30-day probation period may not be terminated or have their hours cut by...
As a result of the COVID-19 pandemic, on December 29, 2020, the United States Department of Labor (DOL) announced that it will consider a telemedicine visit with a health care provider as an in-person visit when establishing a serious health condition under the Family and Medical Leave Act (FMLA).
Throughout 2020, Pennsylvania courts issued a series of decisions clarifying employee rights for medical cannabis patients—one related to unemployment compensation and others related to private rights of action under its medical cannabis statute, the Medical Marijuana Act (“MMA”). Under the MMA...
On December 11, 2020, the Food and Drug Administration issued emergency use authorization (EUA) for a COVID vaccine developed by Pfizer. On December 18, 2020, the FDA granted similar approval to a vaccine developed by Moderna. Despite various manufacturing, distribution and logistics issues, over 20...
New Jersey Governor Phil Murphy recently issued an Executive Order effective November 5, 2020, mandating new health and safety requirements in the workplace due to the increased spread of COVID-19. These health and safety mandates apply to every business, non-profit and governmental or educational...
Please join us as the Firm’s Labor & Employment Practice hosts our Annual Executive Series in Labor and Employment Law on Wednesday, October 21, 2020. Attorneys in our Labor & Employment Practice will discuss the intersection between the Families First Coronavirus Response Act (“FFCRA”), the Family...
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...
The Small Business Administration and the Treasury Department issued an interim-rule requiring employers who have received PPP funds and anticipate seeking loan forgiveness to inform their state unemployment office if a furloughed or reduced-hour employee is offered reinstatement, but declines the...
Under Chicago’s new COVID-19 Anti-Retaliation Ordinance, employers face harsh penalties for terminating employees who follow COVID-19-related stay at home, quarantine or isolation orders.
On May 13, 2020 Governor Phil Murphy signed an Executive Order (EO-142) which, among other things, permits the resumption of nonessential construction and allows curbside pickup at nonessential retail businesses. However, as to be expected, things are hardly back to “business as usual,” and the...
On May 8, 2020, twenty-four Pennsylvania counties will re-open as part of a three-phase plan to rollback Pennsylvania's statewide stay-at-home and business closure orders announced in March in response to the COVID-19 pandemic. Those counties moving to the re-opening – or "yellow phase" – of the...
The Illinois Department of Human Rights (IDHR) has finally issued its long-awaited model sexual harassment prevention training program. As we covered here, the Workplace Transparency Act (WTA), which was passed in 2019, requires Illinois employers to provide yearly sexual harassment training to all...
Delaware Governor John Carney recently issued a thirteenth modification to Delaware’s State of Emergency Declaration, which brings Delaware in line with other states that have begun to implement face-covering requirements to reduce the risk of COVID-19 infection and hasten the country’s “reopening.”...
Ira Shepard, Of Counsel with Saul Ewing provides an overview of cases and regulatory actions within the labor and employment space during the April 2020 edition of HR and the Courts. The following issues are discussed: Federal courts split on whether Title IX provides a separate litigation remedy...
New Jersey continues to enact laws to address the COVID-19 pandemic. This time it amended both its Family Leave Act and its WARN Act. New Jersey amended its Family Leave Act to guarantee family leave rights and benefits to employees to ensure job protection under the current COVID-19 crisis and...