Alerts: Employment Law
Uncompensated COVID-19 Safety Protocols Prompt Class Action Wage and Hour Claim
Many employers have implemented COVID-19 safety protocols for their employees based upon various government regulations, orders, and guidance as well as genuine concern for the health and well-being of the employees. But, do those employers have an obligation to compensate their employees for time spent going through the employer’s required COVID-19 safety protocols? One California employer is finding out the hard way. Read more.
November 17, 2020
Alerts: Employment Law
New CDC “Close Contact” Definition Establishes Lower Threshold for Required Quarantine
The CDC recently updated its definition of a close contact as: someone who was within six feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period starting from two days before illness onset (or, for more asymptomatic patients, 2 days prior to test specimen collection) until the time the patient is isolated. Read more.
November 4, 2020
Alerts: Employment Law
California Codifies When COVID-19 Illness Will Be Presumed Job-Related for Workers’ Compensation Purposes
We give a rundown of who is covered under SB 1159 -- an important new law that all California employers need to understand. Read more.
September 29, 2020
Alerts: Employment Law
EEOC Again Updates Key Guidance for Employers Reopening Workplaces
On September 8, 2020, the EEOC again updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
September 29, 2020
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Alerts: Employment Law
Deadline: New York Sick Leave Law Takes Effect September 30th
The new mandatory New York State Sick Leave Law (NYSSLL) goes into effect September 30, 2020. First enacted in April 2020, the law requires New York employers of all sizes to provide employees with the right to accrue varying amounts of either sick or unpaid sick leave depending on employer size and income. Employees may be restricted from using sick leave until January 1, 2021. Read more.
September 29, 2020
Alerts: Employment Law
New California Law Makes it Easier for Certain Musicians, Writers, Photographers and Content Providers to Be Deemed Independent Contractors
There’s important news for many individual creatives and the companies that hire them. On September 4th, California expanded the list of professions and employees that are exempt from the so-called “ABC test” – a test governing classification of certain workers. The expansive new law covers many industries, but will have a particularly large impact on the media, entertainment and advertising community. Read more.
September 8, 2020
Alerts: Employment Law
New York Court Strikes Key Provisions of the US DOL’s Rule Regarding FFCRA Paid Sick and Expanded FMLA Leave
On August 3, 2020, Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York struck down four provisions of the U.S. Department of Labor (“DOL”) regulations (the “Final Rule”) implementing elements of the Families First Coronavirus Relief Act (“FFCRA”) (the “Decision”). Read more.
August 18, 2020
Alerts: Employment Law
5 Tips for When COVID-19 Comes to Your Media Production
You’ve mastered the guidance. You’ve implemented the procedures. You’ve followed all the rules to keep your production safe from COVID-19. But somehow, one of your production team members has tested positive for the virus. What next? Read more.
August 18, 2020
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Alerts: Employment Law
Reopening: Can an Employer Require Antibody Testing For Returning Employees?
Last week, the EEOC updated its COVID-19-related guidance for employers, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. In general, this EEOC resource contains important guidance to help employers implement strategies to navigate the impact of COVID-19 in the workplace. In the most recent update, the EEOC answered the question: Under the Americans with Disabilities Act (ADA), may an employer require antibody testing before permitting employers to re-enter the workplace? Read more.
June 23, 2020
Alerts: Employment Law
California Employees Who Refuse to Return to Work Risk Loss of Unemployment Benefits
Here’s some news for California employers and employees wrestling with the question of how to return to work. Read more.
June 16, 2020
Alerts: Employment Law
EEOC Updates Key Guidance for Employers Reopening Workplaces
The EEOC updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
June 16, 2020
Alerts: Employment Law
California Courts Lift Certain COVID-19 Restrictions and Begin Preparations to Fully Reopen
As the COVID-19 crisis eases, California courts have removed certain restrictions that had been put in place to reduce pandemic-related harm. Read more.
June 16, 2020
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Alerts: Employment Law
OSHA Issues New Guidance on Reporting “Work-related” COVID-19 Cases
Employers preparing to reopen offices and worksites have some new reporting requirements from the Occupational Safety and Health Administration (“OSHA”) of the United States Department of Labor. The new requirements, effective May 26, 2020, spell out when an employer must record and report a COVID-19-related incident. Read more.
June 2, 2020
Alerts: Employment Law
Checklist: Eleven Policies to Consider Before Reopening Your Business
As economies across the country begin restarting and the COVID-19 pandemic continues, employers have some important, pandemic-related revisions to consider for their employment policies and handbooks. Frankfurt Kurnit’s employment team has been reviewing the applicable federal, state, and local laws, guidelines and regulations to gather a list of specific policies employers should consider creating or revising. Read more.
May 27, 2020
Alerts: Employment Law
California Sues Uber and Lyft for Worker Misclassification
This week, more shots were fired in the ongoing war over AB5. On May 5, 2020, California’s Attorney General and city attorneys for Los Angeles, San Diego, and San Francisco sued Uber and Lyft for misclassification of hundreds of thousands of California workers. Read more.
May 13, 2020
Alerts: Employment Law
SBA Clarifies Key Loan Forgiveness Issue for Employers
Over the last several weeks, many business have applied for and received loans pursuant to the Paycheck Protect Program administered by the Small Business Association. A key feature of the PPP loans is that they are potentially 100% forgivable so long as headcount and salary levels remain constant through an eight week period that begins to run when the loan is funded. Read more.
May 12, 2020
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Alerts: Employment Law
California Workers’ Compensation Order Creates Rebuttable Presumption that COVID-19-related Illness Came From Work
As part of his effort to create an “Expanded Workforce Safety Net”, on May 6, 2020, California Governor Gavin Newsom issued an Executive Order creating a rebuttable presumption that an employee's COVID-19 related illness arose out of the course of employment and, as a result, is covered by workers’ compensation. Read more.
May 12, 2020
Alerts: Employment Law
EEOC Permits Employers to Test for COVID-19
This week, as parts of the nation began returning to work, the EEOC responded to an increasingly urgent question: May employers test employees for COVID-19? Read more.
April 27, 2020
Alerts: Employment Law
The FFCRA Implementation Date is Coming Up – How to Get into Compliance
Employers are reminded that the new Families First Coronavirus Act will go into effect commencing on April 1, 2020 and continuing through December 31, 2020. Employers should not only be aware of the law’s key provisions, but know how to stay complaint and provide mandatory notice to employees. Read more.
March 30, 2020
Alerts: Employment Law
Aid for Small Business and Employees Affected by COVID-19
On March 27th, the House passed and the President signed the Coronavirus Stimulus package, now known as the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act pumps $2.2 trillion into the American economy to combat the effects of the Coronavirus. Below is a summary of the key provisions of the CARES Act that will provide assistance to workers and small businesses. Read more.
March 28, 2020
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Alerts: Employment Law
Updates to Federal and State Employee Leave and Sick Leave Laws
The ongoing COVID-19 crisis has prompted a number of new federal and state laws related to employee leave and sick leave. This alert will highlight recent changes in federal and New York law. Read more.
March 23, 2020
Alerts: Employment Law
California WARN Act Requirements Suspended by Governor
On March 18th, California Governor Newsom, at the urging of the Hollywood Chamber of Commerce, granted some relief to business owners in the state by suspending the requirements of the California WARN Act. Read more.
March 20, 2020
Alerts: Employment Law
Are Layoffs and Closures Caused by COVID-19 Exempt from WARN Act Notices?
With the news of the spread of COVID-19 changing faster than any of us can keep up with, one of the many questions facing employers is: What are their obligations to employees if they have to shut down workplaces temporarily, or permanently, as a result of the COVID-19 outbreak. Read more.
March 18, 2020
Alerts: Employment Law
New California Employment Law Changes You Need to Know
2019 was a historic year for employment law in California. In case you missed them, we summarized the key employment law changes that may fundamentally affect businesses with California employees in 2020. Read more.
January 7, 2020
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Alerts: Employment Law
Get Ready for New York Minimum Wage and Exempt Salary Changes
Increases to the New York State minimum hourly wage for non-exempt employees and increases in the minimum salary for exempt administrative and executive employees take effect on December 31, 2019. The required minimum rate and salary depends on the employee’s location and number of employees. Read more.
December 11, 2019
