On Friday, Jan. 13, 2022, a New York State Supreme Court Judge for Onondaga County struck down the New York State Department of Health regulation mandating certain healthcare professionals be “fully vaccinated” against COVID-19, declaring the regulation to be “null, void, and of no effect.” (Medical Professionals for Informed Consent, et. al. v. Bassett, et al.)
Important Information about Colorado’s Family and Medical Leave Insurance (FAMLI) Program
Starting Jan. 1, 2023, Colorado employers must comply with Colorado’s Family and Medical Leave Insurance (FAMLI) Act, which requires nearly all employers and all employees to contribute to the state’s paid family and medical leave program.
New York Department of Health Revises the COVID-19 Return-to-Work Protocols
On Nov. 30, 2022, the New York State Department of Health (NYSDOH) updated its Advisory on Return-to-Work Protocols for Healthcare Personnel with SARS-CoV-2 Infection or Exposure to Sars-CoV-2.
Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request
One of the many difficult issues employers face under the ADA is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a disability. The U.S. Court of Appeals for the Eleventh Circuit addressed that question for the first time in Owens v. Georgia.
New York Bars Discipline for Legally Protected Employee Absences
On Nov. 21, 2022, New York Governor Kathy Hochul signed a law clarifying that it is unlawful for an employer to penalize an employee for any absence protected under federal, state, or local law.
The Aftermath of U.S. Supreme Court’s Dobbs: Where Are the States in Fall 2022?
The legal landscape around abortion rights has changed greatly following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), which ended a nearly 50-year precedent protecting the right to abortion and opened the door for states to implement and enforce new laws on access to abortion.
Puerto Rico Disability Discrimination Law Covers Registered and Authorized Medical Cannabis Patients
Puerto Rico’s disability discrimination statute (Law 44-1985), the local counterpart of the Americans with Disabilities Act (ADA), has been amended to extend coverage to registered and authorized medical cannabis patients. The amendment (Law 90-2022) went into effect on Oct. 14, 2022, upon Governor Pedro Pierluisi’s signing.
Election Day is Coming – A Reminder of Employer Obligations
With midterm elections upon us, employers should ensure they are aware of and in compliance with state law requirements related to employee voting rights.
San Francisco’s OLSE Issues FAQs for Public Health Emergency Leave Ordinance
In June, San Francisco voters approved Proposition G, which created the Public Health Emergency Leave Ordinance (PHELO). The ordinance requires private employers to provide paid leave to employees for “public health emergencies.”
California COVID-19 Supplemental Paid Sick Leave Extended Until Year End with Potential Grants
California has extended COVID-19 Supplemental Paid Sick Leave (SPSL) through Dec. 31, 2022. On Sept. 29, 2022, California’s Governor signed Assembly Bill (AB) 152 which amends the existing SPSL law and provides for state grants to certain employers.
Bereavement Leave Now Protected in California
On Sept. 29, 2022, California Governor Gavin Newsom signed Assembly Bill (AB) 1949, which amends the California Family Rights Act (CFRA) to require covered employers to provide eligible employees with 5 days of bereavement leave.
Now Is Always a Good Time to Evaluate Your FMLA Processes
Based on experience advising hundreds of employers and closely watching court rulings on cases around the country, below are a few tips for complying with the Family and Medical Leave Act (FMLA).
Fourth Circuit Rules: Gender Dysphoria Is Not Excluded from Coverage under the ADA
Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held.
CDC’S COVID-19 Guidance Changes…Again
Since March 2020, COVID-19 rules have been confusing at best. On Aug. 11, 2022, in an effort to streamline the guidance and reflect the current state of the pandemic, the CDC once again issued updated guidance.
What Employers Need to Know About Monkeypox
Monkeypox is the latest virus to catch wide attention. But it is important for employers to keep in mind that MPV is not COVID-19. Nevertheless, there are steps employers can take.
Change to Massachusetts Paid Family and Medical Leave Act Vetoed
A provision in the enacted state budget for fiscal year 2023 would have amended the Massachusetts Paid Family and Medical Leave Act to provide employers and employees more flexibility to use other accrued benefits to supplement paid benefits received from the state.
Order for Changes to Michigan Minimum Wage and Paid Sick Leave Law Stayed
On July 19, 2022, the Michigan Court of Claims held that in 2018, the state legislature violated the Michigan Constitution when it enacted, and within the same legislative session amended, two ballot initiatives — one to raise the minimum wage and the other to require employers to provide paid sick leave.
Massachusetts PFMLA Allows Adding Accrued Sick and Vacation Pay to Benefits
A provision in the enacted state budget for fiscal year 2023 amends the Massachusetts Paid Family and Medical Leave Act (PFMLA) to provide employers and employees more flexibility to use other accrued benefits to supplement paid benefits received from the state.
Michigan Court Voids State’s Minimum Wage and Paid Medical Leave Acts
Citing legislative “sleight of hand,” the Michigan Court of Claims has held that the Michigan legislature violated the state’s Constitution when, in 2018, it adopted and then immediately amended ballot initiatives to increase the state’s minimum wage and to require employer-paid sick leave.
EEOC Updates Its COVID-19 Guidance to Reflect Current State of COVID-19 in the U.S.
As the pandemic continues to evolve, so does the EEOC’s guidance. On July 12, 2022, the EEOC once again updated its COVID-19 guidance: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to reflect the pandemic’s changing state