COVID-19 News
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What Employers Should Know About the New COVID-19 Paid Sick Leave Law Guidance
On January 20, 2021, approximately ten months after New York State enacted its COVID-19 Paid Sick Leave Law (the "COVID-19 Leave Law"), the New York Department of Labor (NYDOL) issued guidance regarding the COVID-19 Leave Law. Enacted on March 18, 2020, the COVID-19 Leave Law entitles employees to job-protected sick leave (paid or unpaid, depending on employer size) when they are subject to an order of quarantine or isolation issued by an authorized governmental entity (a "COVID-19 Order"). …
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On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance to employers regarding COVID-19 vaccination programs for their employees. The EEOC's guidance does not directly address whether mandatory vaccination policies are lawful; however, its series of questions and answers is predicated on the assumption that an employer has implemented a mandatory vaccination policy. Based thereon, it may be inferred that the EEOC has taken the position that mandatory vac…
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Effective November 4, 2020, new guidelines in New York State allow out-of-state travelers to test out of the mandatory 14-day quarantine. Essential workers and travelers from states that are contiguous with New York State will continue to be exempt from the travel advisory. For travelers to New York State from out of state, exempting the contiguous states, the new guidelines for travelers to test out of the mandatory 14-day quarantine are below:For travelers who were in another state for more…
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School Closures, Virtual Learning, and the Families First Coronavirus Response Act
The Families First Coronavirus Response Act (FFCRA) provides for paid sick leave and family and medical leave due to COVID-19. The FFCRA has two main components: It requires employers to provide up to 80 hours of paid leave to employees for certain COVID-19-related reasons under the Emergency Paid Sick Leave Act and up to 12 weeks of emergency job-protected leave to care for a child as a result of school or child care closings due to a public health emergency under the Emergency Family and Med…
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UPDATE: Please see this blog post for the latest information on New York State's travel advisory. New York Executive Order 202.45 temporarily modifies New York State's Sick Leave Law for COVID-19 (the "Sick Leave Law") to make employees who voluntarily travel after June 25, 2020 to a state or jurisdiction listed on a travel advisory list ineligible for New York's paid sick leave benefits ("Paid Sick Leave"), unless the travel was taken "as part of the employee's employment or at the direction…
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A federal court has struck down four regulations issued by the United States Department of Labor (DOL) that limited paid leave entitlements under the Families First Coronavirus Response Act (FFCRA). In an opinion and order written by District Judge J. Paul Oetken, issued August 3, 2020, the United States District Court for the Southern District of New York found that the DOL exceeded its authority by (1) determining that employees were not entitled to paid leave if the employer determined no …
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What Employers Should Know About the Paycheck Protection Program Flexibility Act
On June 19, 2020, the Small Business Administration ("SBA") published an Interim Final Rule implementing the terms of the Paycheck Protection Program Flexibility Act ("PPPFA"). The PPPFA, which was signed into law on June 5, 2020, enacts changes to the Paycheck Protection Program ("PPP"), giving businesses greater flexibility in how they use their loan funds. The PPPFA makes the following changes to the PPP: It extends the covered period for new loans from 8 weeks to 24 weeks, not to extend…
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EEOC Updates Guidance Regarding COVID-19 and Antidiscrimination
On April 17, 2020, the Equal Employment Opportunity Commission ("EEOC") updated its technical assistance for employers, "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws." In its guidance, the EEOC focuses on return-to-work issues in addition to reasonable accommodation and undue hardship matters due to COVID-19. The EEOC's guidance notes that as government stay-at-home orders and other restrictions are modified or lifted, employers can take steps c…
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The U.S. Department of Labor (“DOL”) issued temporary regulations (the "Temporary Rule") implementing the Families First Coronavirus Response Act (“FFCRA”). The Temporary Rule clarifies the protections and obligations afforded under FFCRA’s new paid leave laws and builds on earlier guidance issued by the DOL in March 2020. The Temporary Rule summarizes the rights and relief afforded to eligible employees and covered employers, describes the exemptions under the FFCRA, provides procedural ins…
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Governor Cuomo's Latest COVID-19 Executive Order
On April 7, 2020, New York State Governor Andrew M. Cuomo issued Executive Order 202.14. This blog post highlights the key provisions of the order. Continued Suspension and Modification of Laws Made by Executive Order 202 and Each Successor Executive Order to 202 Executive Order 202.14 extends all prior Executive Orders that have not already been extended to May 7, 2020. All prior Executive Orders can be found on Governor Cuomo's official website. Continued Closure of Schools and Non-esse…
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Contractual Obligations and COVID-19
Due to the outbreak of the novel coronavirus (COVID-19), many parties are finding themselves unable to meet their contractual obligations. Likewise, many parties are having difficulty enforcing the provisions of a contact, and instead are met with non-performance. For those unable to meet their contractual obligations, they may find relief in the contract itself if it contains a force majeure provision. These provisions excuse non-performance under certain, enumerated circumstances. Furthe…
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What Employers Need to Know About the CARES Act
On March 25, 2020, the Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The CARES Act provides stimulus to individuals, businesses, and hospitals in response to the COVID-19 pandemic. On March 27, 2020, the House of Representatives passed the CARES Act by voice vote, and President Trump signed the bill into law. This blog post provides a high-level summary of certain provisions of the CARES Act that are particularly relevant to employers. Forthco…