Update as of October 28, 2020 The NYC Department of Consumer and Worker Protection (DCWP) has issued an updated ESSTA Notice of Employee Rights regarding safe and sick leave. All NYC employers should add this updated Notice to new hire onboarding materials. The DCWP has also confirmed that Continue Reading
New York State Permanent Sick Leave Law Takes Effect on September 30, 2020
The Bottom Line Before September 30, 2020, New York employers should review and revise their sick leave and paid time off policies to ensure compliance with the New York State Sick Leave law.Large employers with 100 or more employees will need to ensure that they provide at least 56 hours per year Continue Reading
Summer Camp Closures and Cancelled Enrichment Programs Allow Working Parents to Request Paid Leave from Covered Employers
The Bottom Line Employees who managed to both work or telework, and take care of their kids when schools were closed during the months of April, May and June 2020, could be eligible for a paid leave during the summer months to care for kids if their planned camp or other summer program is also Continue Reading
Supreme Court Rules that Federal Law Protects Gay and Transgender/Transitioning Employees from Workplace Discrimination
The Bottom Line Firing an employee for being gay, bisexual, transgender or transitioning is a violation of federal law. Employers should be mindful that such discrimination may seep into the workplace in much more subtle ways than an employee’s termination. Employees should be encouraged to shed Continue Reading
OSHA Guidance Requires Certain Employers to Record “Work-Related” COVID-19 Cases
The Bottom Line Recent OSHA guidance now requires employers in certain industries to document COVID-19 cases in the workplace that are considered to be “work-related.” To determine this, employers must engage in a three-step analysis that requires close attention to other instances of COVID-19 at Continue Reading
IRS Provides Cafeteria Plans with Flexibility Due To COVID-19
The Bottom Line The IRS is allowing employers to amend their cafeteria plans for the 2020 tax year to permit employees to make new employee benefit elections with respect to their healthcare coverage, health FSAs and dependent care FSAs. Employers should work closely with their ERISA counsel to Continue Reading
Protective Covenant Considerations in the COVID-19 Era
The Bottom Line In the current economic environment, courts may be less willing to enforce broad protective covenants that restrict former employees from accepting new job opportunities.Now is the time for employers to take a hard look at their protective covenants and make sure that they are only Continue Reading
COVID-19: As Cases Continue to Spread, Will Court Cases Begin to Spread?
The Bottom Line As employees return to work, employers must increase precautions they take in connection with their workers’ health and safety.Companies should closely follow guidance being issued and frequently updated by the CDC, OSHA, and other agencies, to protect themselves from civil Continue Reading
Expense Reimbursements for Work-from-Home Arrangements during COVID-19
COVID-19 and Executive Compensation
The Bottom Line In light of this unprecedented scenario, employers should closely review their executive compensation arrangements and proactively address some of the issues that will undoubtedly arise. The correct method for addressing these complex issues will depend on the employer’s industry, Continue Reading