Topic: United States

US: Cal/OSHA publishes new standard that causes confusion for California employers

On May 28, 2021, the employer community got its first glimpse of a revised Cal/OSHA emergency, temporary standard (ETS) for COVID-19 that may become law by June 15, 2021. That day—June 15—is significant because it is the date the governor set as a goal for California to “fully open its economy.” In addition, the CDC’s … Continue reading

US: OSHA Notices HazCom Hearing

By Kevin Mayer (US) on May 20, 2021 Posted in General, North America, United States

We reported previously on federal OSHA’s efforts to revise and update various provisions of the Hazard Communication Standard in order to pursue greater workplace safety. On May 20, 2021, OSHA announced an informal public hearing commencing on September 21, 2021 for the purpose of entertaining stakeholder comments and recommendations. For more information, please see this … Continue reading

New US federal OSHA pamphlet issued

By Kevin Mayer (US) on May 17, 2021 Posted in North America, United States

A new federal OSHA pamphlet has been issued. The OSHA pamphlet, “PPE for Emergency Response and Recovery Workers,” provides guidance to employers on the proper selection and use of and training concerning personal protective equipment in responding to emergencies and other incidents requiring it. Among other advice, OSHA reminds employers of the four levels (A … Continue reading

US: DOL issues COBRA premium subsidy guidance and model notices

By Josh Owings (US) and Thomas Reddin (US) on May 12, 2021 Posted in North America, United States

The US Department of Labor recently published answers to frequently asked questions (FAQs) and model notices for the new COBRA premium subsidy made available to many employees and their dependents under the American Rescue Plan Act. As explained in an earlier post, the new law allows “assistance eligible individuals” (AEIs) – defined as COBRA qualified … Continue reading

DOL independent contractor rule withdrawn

By Rachel Kurth (US) on May 6, 2021 Posted in North America, United States

Trump-era independent contractor rule withdrawn Effective today, May 6, 2021, the Department of Labor’s (DOL’s) Trump-era independent contractor rule has been officially withdrawn. The Trump-era independent contractor rule, which never went into effect due to the change between presidential administrations, would have made it easier for companies to classify workers as independent contractors. Trump-era independent … Continue reading

US: Mandatory COVID-19 vaccines and employer health and safety obligations

By Kevin Mayer (US) on April 29, 2021 Posted in Coronavirus, North America, United States

Federal OSHA has recently released guidance advising on employer health and safety obligations when employers require employees to receive the COVID-19 vaccination as a condition of employment. Specifically, OSHA addresses the potential (albeit rare to date) of an employee who incurs an adverse reaction to a mandated vaccination. In such a situation, the reaction will … Continue reading

US: Why a Mandatory Vaccination Policy May Not Restore Business as Usual for Companies

By Josh Henderson (US) on April 23, 2021 Posted in Coronavirus, North America, United States

Throughout the United States, employers are weighing whether to have a mandatory vaccination policy for COVID-19. The objective is to bring employees back to work safely and the understandable desire to return to our pre-pandemic status quo. This post does not advocate in favor or against a mandatory vaccination policy—except to note there may be … Continue reading

US: New York employers must provide paid time off for COVID-19 vaccinations

By Rachel Kurth (US) on April 1, 2021 Posted in Coronavirus, North America, United States

New COVID-19 vaccine paid time off requirement for New York employers New York employers should be aware of a recently enacted New York State law that entitles employees to paid time off from work to receive COVID-19 vaccinations. Under this new law, New York employers must grant each employee a sufficient period of time, not … Continue reading

US: New COBRA Premium Subsidy in Third COVID Relief Stimulus Act

By Thomas Reddin (US) and Josh Owings (US) on March 25, 2021 Posted in Coronavirus, North America, United States

The latest COVID-relief bill, the American Rescue Plan Act, will allow most current and former employees and their dependents to receive fully subsidized COBRA continuation coverage beginning April 1 and continuing through September 30, 2021—even if they never elected COBRA or dropped coverage. To learn more about what employers with group health plans subject to … Continue reading

US: Combating Human Trafficking of Domestic Workers In The United States

By Kevin Mayer (US) and Jackie Karama (US) on March 22, 2021 Posted in North America, United States

It is difficult to imagine that the evil of human trafficking, and all the pain and suffering it entails, can still be so pervasive this deep into the 21st Century. One would have expected that contemporary domestic and international law enforcement, to say nothing of the United Nations and all the monies it has at … Continue reading

US: Occupational Safety and Health Administration proposal to update Hazard Communication Standard

By Kevin Mayer (US) on February 10, 2021 Posted in North America, United States

On February 5, 2021, federal OSHA issued a proposed rule to update the US Department of Labor’s Hazard Communication Standard (HCS or HazCom) to align with the seventh revision of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS). In support of its proposed rule, OSHA asserts the update will increase … Continue reading

US: Latest California Labor & Employment Developments from January 2021

By Josh Henderson (US) on January 29, 2021 Posted in Coronavirus, General, North America, United States

This past month saw the inauguration of President Biden, who promptly took steps that will have an immediate impact on California employers. Plus, new COVID-related laws took effect, some expired (but may be re-enacted), and a federal appeals court eased the meal/rest break burden on the transportation industry. For a brief summary of these an … Continue reading

California imposes new requirement of a COVID-19 Prevention Program

By Josh Henderson (US) on November 25, 2020 Posted in Coronavirus, United States

With the approval of Cal/OSHA’s new COVID-19 regulations, the proponents of action-taking won out over those who felt California’s existing laws, regulations, and enforcement arsenal were sufficient to meet the moment. It’s clear that California likes to lead—though it’s not the first state to enact specific COVID-19 standards (Virginia and Oregon got there first).… Continue reading

US: California employers must take measures to curb workplace spread of coronavirus under emergency CAL/OSHA rules

By Josh Henderson (US) and Jackie Karama (US) on November 22, 2020 Posted in Coronavirus, North America, United States

The California Occupational Safety and Health Standards Board has approved emergency, temporary COVID-19 regulations under California’s Occupational Safety & Health Act. California employers must now establish specific measures to curb the spread of COVID-19 in nearly every workplace in California. The emergency regulations, which the Standards Board approved on Thursday night by a unanimous vote, … Continue reading

US: Amendments to New York City sick leave policies required as soon as possible

By David Gallai (US) and Rachel Kurth (US) on October 8, 2020 Posted in North America, United States

New York City employers are required to amend their existing sick leave policies as soon as possible due to amendments to the New York City Earned Safe and Sick Time Act (the “ESSTA”) that went into effect on September 30, 2020. These recent amendments attempt to align the ESSTA more closely with the recently-enacted New … Continue reading

US: Virginia becomes first state to adopt COVID-19 Emergency Temporary Standard

By Kevin Mayer (US) and Jackie Karama (US) on August 12, 2020 Posted in Coronavirus, North America, United States

On July 27, 2020, the first state “Emergency Temporary Standard” (ETS) for COVID-19 went into effect. The ETS requires employers in the state to develop and implement COVID-19 prevention and control measures in the workplace. The ETS is in effect for six months, although this period could be shortened if the Virginia State of Emergency … Continue reading

US: Coming soon – New York State employers should prepare for paid sick leave law to take effect in September

By David Gallai (US) and Rachel Kurth (US) on July 22, 2020 Posted in North America, United States

As part of the most recent New York State budget, Governor Andrew Cuomo signed into law a new mandatory paid sick leave program affecting all New York employers. Under the law, all New York employers will need to provide their employees with paid or unpaid sick leave (whether or not related to the COVID-19 pandemic) … Continue reading

US: California: San Francisco employees laid off due to COVID-19 may have reemployment rights under new ordinance

By Josh Henderson (US) and Phillip Di Tullio (US) on July 13, 2020 Posted in Coronavirus, United States

On July 3, San Francisco’s new “Back to Work” emergency ordinance took effect, requiring employers to rehire certain employees laid off as a result of the COVID-19 pandemic when the employer seeks to fill the same position formerly held by the laid-off worker, or a substantially similar position. The ordinance will expire on September 2, … Continue reading

US: Return to work considerations for New York employers during COVID-19 pandemic

By Nandini Rao (US) and Rachel Kurth (US) on June 12, 2020 Posted in North America, United States

Businesses with operations in New York State and, particularly, in New York City, face unique obstacles with respect to reopening their businesses during the COVID-19 pandemic. With over 380,000 confirmed cases across the state, and over 200,000 confirmed cases in New York City, most New York residents have been affected by the virus in some … Continue reading

US: Return to work in an office environment: Employer considerations and best practices

By Barbara D'Aquila on May 19, 2020 Posted in Coronavirus, North America, United States

Many businesses quickly shifted to remote work, where possible, and abandoned operations in an office setting when COVID-19 became a pandemic or when jurisdictions required or encouraged people to stay at home. Now, as these businesses contemplate resuming operations in the general office setting, they are grappling with a myriad of issues and concerns. See … Continue reading

US: California court addresses legality of unlimited or uncapped vacation policies

By Josh Henderson (US) and Phillip Di Tullio (US) on May 13, 2020 Posted in North America, United States

Recently, in McPherson v. EF Intercultural Foundation, Inc., the California Court of Appeals addressed the legality of unlimited or uncapped vacation policies under California law. Three exempt employees sued the company for payment of unused vacation time at termination, despite being subject to an unlimited paid time off policy, because they argued the policy was … Continue reading

Reduction in work considerations for New York employers during the COVID-19 pandemic

By Nandini Rao (US) on April 17, 2020 Posted in Coronavirus, North America, United States

It has been nearly one month since the “New York on PAUSE” Order was implemented to combat the effects of the COVID-19 pandemic. Yesterday, Governor Cuomo announced that the Order will be extended until May 15, 2020, requiring non-essential businesses across New York to remain closed for at least an additional month. With these ongoing … Continue reading

US: New COVID-19-related paid sick leave requirements for larger Los Angeles employers

By Josh Henderson (US) on April 10, 2020 Posted in Coronavirus, North America, United States

Employers with either 500 or more employees within the City of Los Angeles, or who employ at least one employee in Los Angeles and have 2,000 or more employees within the US, must now provide supplemental paid sick leave for reasons related to the coronavirus pandemic for those employees performing work in the city. Notably, … Continue reading

US: DOL issues guidance on coronavirus paid leave rule and clarifies coverage for stay-at-home orders

By Marjorie Glover (US) and James Hughes on April 3, 2020 Posted in Coronavirus, North America, United States

On April 1, 2020, the US Department of Labor (DOL) issued a temporary rule providing key guidance on paid leave under the Families First Coronavirus Response Act (FFCRA). The rule clarifies that employees covered under a federal, state or local stay–at-home order may be eligible for paid FFCRA leave but only if work or telework … Continue reading