Last Friday, California Governor Gavin Newsom signed Senate Bill 95 into law, providing California employees with up to two weeks of supplemental paid sick leave (SPSL) for COVID-19 absences, including paid time off for vaccination. The new law reinstates and expands the prior California supplemental paid sick leave law that expired on December 31, 2020
On March 12, 2021, Governor Andrew M. Cuomo signed Senate Bill S2588, which grants time off for public and private employees to receive a COVID-19 vaccination. The newly enacted legislation is effective immediately, and expires on December 22, 2022.
New Paid Leave Entitlement
Employees receiving the COVID-19 vaccination will be provided with a paid leave of absence from their employer for a sufficient period of time, not to exceed four hours per vaccine injection, unless an employee is permitted to receive a greater number of hours pursuant to a collective bargaining agreement or as otherwise authorized by an employer. Time is to be paid at the employee’s regular rate of pay for each COVID-19 vaccine injection.
This webinar recording takes a look back at 2020 and prepares employers for what’s on the horizon in 2021. Our presenters review COVID-19 and its continued impact on the workforce, diversity and inclusion considerations, what to expect under the Biden Administration, and a update on recent New York laws.
Please click here to view this…
We are excited to invite you to our New York Employer Update on January 21, 2021 from 12:00 – 1:00 pm ET.
2020 posed unprecedented challenges for New York employers. We know that in addition to keeping your employees safe and maintaining business continuity, it has been difficult to keep track of the rapidly changing…
We are pleased to share our Shelter-in-Place / Reopening Tracker.
This document identifies the relevant state-wide shelter-in-place orders and their related expiration dates as well as the state-wide reopening plans, and whether local (county/municipal) orders also apply, in each of the 50 United States.
Please check back for updates throughout the pandemic.
Are They Right For You?
As the COVID-19 pandemic continues to wreak havoc on the global economy, United States employers are continuing to examine ways to reduce costs while at the same time both limiting the financial impact on employees and preserving their ability to ramp back up when circumstances allow. State short time compensation programs, also known as work share programs, provide one avenue for cost savings that may be appropriate for some employers.
Where available, these programs provide pro-rated unemployment compensation benefits to groups of workers whose hours are reduced by their employer on a temporary basis in lieu of layoffs. In addition, the recently passed Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) provides a federally-funded $600 per week unemployment compensation supplement to those who participate in such programs through July 31, 2020.
This Alert provides additional details about state short time compensation programs and answers frequently asked questions about the pros and cons of participation.
Where are short time compensation programs available?
Currently, the following 27 jurisdictions have short time compensation programs in place: Arizona, Arkansas, California, Connecticut, District of Columbia, Florida, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Vermont, Washington and Wisconsin. The CARES Act provided federal funding for other states to enact short time compensation programs, so additional states may do so in the near term.
We recently covered the new paid sick and family leave requirements under the Families First Coronavirus Response Act (FFCRA) here. The FFCRA marks the first time Congress required federal paid leave for private sector workers. That is not the case at the state and municipal level, where for years, employers have had to navigate…
In jurisdictions across the country — especially COVID-19 “hot spots” — courts have entered emergency orders suspending trials and hearings, tolling the statute of limitations, and shuttering their doors to conducting anything but the most essential business. Non-essential hearings — including hearings related to non-emergency civil matters — are being conducted through Zoom and Skype to continue court proceedings without violating shelter-in-place orders and social distancing guidelines. In jurisdictions where shelter-in-place orders consider certain “legal services” as essential businesses which must remain open, those partaking must still abide by social-distancing guidelines (including six-foot spacing, and not gathering in groups of more than a minimal number such as 5 or 10), which can make something as routine as taking in-person depositions impossible. At the same time, businesses are reeling from the economic impact of COVID-19, and may find it beneficial to slow the pace of pending litigation. Responding to interrogatories, culling through thousands of emails to find responsive documents, and taking the time to prepare for depositions may not be front-of-mind for businesses simply trying to focus on retaining employees and staying afloat.
Continue Reading Emergency Court Rules for COVID-19 Slows Litigation and Provides Choices for Businesses
In June, a federal district court in New York ruled that the Federal Arbitration Act (FAA) preempts a recent state law prohibiting mandatory arbitration agreements in sexual harassment cases. Latif v. Morgan Stanley & Co. LLC marks the first time that a federal court has ruled on this issue.
Continue Reading NY Ban On Mandatory Arbitration Of Sexual Harassment Claims Overturned
Beginning in 2020, Nevada and New York City will restrict an employer’s ability to screen job applicants for marijuana use. As marijuana legalization spreads across the country, other jurisdictions will likely follow suit. Employers, especially those that recruit in Nevada and NYC, should review their drug testing and hiring practices now to stay compliant.
What it means for you
Marijuana use by employees is for the first time protected in some jurisdictions, increasing the risk of discrimination claims by applicants and employees. Employers that hire in Nevada and NYC should consider whether their current recruitment and hiring practices may unlawfully discriminate by screening out applicants who have used marijuana. Here is an overview of the new laws: