Labor & Employment

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As we previously reported, among the sweeping pieces of legislation signed in the midst of the COVID-19 pandemic was New York State’s permanent sick leave law (“NYSPSL”). Under NYSPSL, all New York State employers are required to provide sick leave. Eligible employees may begin accruing sick leave as of September 30, 2020, but are not entitled to use any accrued sick leave pursuant to this law until January 1, 2021.
Continue Reading Reminder: Accrual Requirements Under New York State’s New Paid Sick Leave Law Effective September 30, 2020

On September 28, 2020, Mayor Bill de Blasio signed a bill into law significantly amending the New York City Earned Sick and Safe Time Act (“ESSTA”) in order to better align with New York State’s new paid sick leave law (the “NYS Leave Law”).  Like its state law counterpart, the amendments to ESSTA (the “ESSTA Amendments”) takes effect on September 30, 2020.  As discussed in greater detail below, the ESSTA Amendments: (i) revise the amount of leave that New York City employers are required to provide; (ii) impose new employer reporting requirements; (iii) create new employer reimbursement obligations in connection with requested medical documentation and/or documentation regarding domestic violence; (iv) expand the scope of prohibited retaliation under the law; (v) impose new notice requirements; and (vi) expand enforcement mechanisms.
Continue Reading NYC Employers Take Note: Earned Sick and Safe Time Act Amendments Take Effect September 30, 2020

Most employers are expected to pass on the IRS’ offer to temporarily delay collecting Social Security taxes.  For background, both employers and employees are generally required to pay a Social Security tax at a flat rate of 6.2% (for a total of 12.4%) on all wages.  In a separate article from our Corporate and Securities Blog, we discussed how the CARES Act allows employers to delay paying the employer’s portion of Social Security taxes.
Continue Reading To Defer or Not Defer? IRS Issues Guidance Temporarily Delaying the Collection of Social Security Taxes

As we move into the second quarter of 2020, governments around the country are analyzing how to best open up their economies. Part of this will include people returning to work, restaurants, retail establishments, and other places of public accommodation. Landlords, business owners, and others want to know how to take steps to reopen safely while government mitigation efforts are being developed to help slow the spread of COVID-19 until a vaccine is developed. And where authorities don’t have specific mitigation efforts, instituting protocols will fall squarely on landlords, business owners, and those who operate places of public accommodation.
Continue Reading Taking Temperatures During COVID-19: A Practical Toolkit

The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance concerning COVID-19, affirming an employer’s ability to medically test its employees for COVID-19 before allowing employees to enter the workplace.  The new guidance expands employers’ options to include medical tests that detect the presence of the COVID-19 virus – not just temperature checks.  The EEOC considers COVID-19 tests to be permissible because an individual with the virus poses a direct threat to the health of others.
Continue Reading As America Prepares to Return to Work, EEOC Approves Testing Employees for COVID-19

With the continuing spread of the Coronavirus Disease 2019 (“COVID-19” or “coronavirus”), retailers are sure to face a number of issues that they can and should prepare for. The primary issues facing retailers will likely be supply chain issues, covered here (The Impact of Coronavirus on Supply Chain), and employment issues, covered here (What Employers Need to Know to Prepare for Coronavirus). This post addresses issues concerning in-store customer interactions.
Continue Reading Coronavirus And The Retail Industry: Customer Interactions and Safety