COVID-19: Important Labor & Employment Updates

COVID-19: Important Labor & Employment Updates: New Federal and New York State Leave Laws and I-9 Compliance Relief

Phillips Lytle will continue to provide time-sensitive updates affecting your business as major changes continue to take place. Below are three areas that will impact the obligations of employers.
FEDERAL LEGISLATION IMPOSES TEMPORARY COVID-19 PAID SICK AND FAMILY LEAVE OBLIGATIONS ON EMPLOYERS WITH FEWER THAN 500 EMPLOYEES 

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. The FFCRA contains two laws especially relevant to employers: the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). The laws impose new, temporary obligations on covered employers to provide paid sick and family leave related to COVID-19. Both laws take effect on April 2, 2020, and sunset on December 31, 2020.

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Updated Guidance on NYS Executive Orders Mandating In-Person Workforce Reductions 3.23.20

Updated Guidance on New York State Executive Orders Mandating In-Person Workforce Reductions

On March 19, 2020, New York State Governor Andrew Cuomo issued Executive Order (EO) 202.7, modifying EO 202.6, to require that most employers in New York State “reduce the in-person workforce at any work locations by 75% no later than March 21 at 8:00 p.m.” Businesses and entities considered essential are exempt from the in-person restrictions.  Today, Governor Cuomo announced that he will be issuing a further mandate requiring non-essential businesses and entities to reduce their in-person workforce by 100% as of Sunday evening, March 22, 2020. Non-essential businesses and entities will be required to close as of that time.

As directed by Governor Cuomo, the Empire State Development Corporation (ESDC) has issued guidance intended to assist businesses in determining whether they qualify as an “Essential Business” under the EOs. The guidance provides that, for the purposes of Executive Order 202.6, “Essential Business” means...Read more

Guidance for Responding to the Novel Coronavirus in the Workplace

As the Coronavirus Disease 2019 (COVID-19) continues to spread in the U.S., employers need to be aware of both their legal rights and obligations and the practical considerations in responding to the outbreak to minimize its impact on the workplace. In doing so, employers must work through not only the legal requirements of various federal and state laws, but in a way that allows them to continue to effectively operate. Employers that plan now will be best placed to weather the storm. 

Workplace Safety

The General Duty Clause of the Occupational and Safety Health Act requires nearly every employer to furnish to each worker “employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Although no specific Occupational Safety and Health Administration (OSHA) standard applies to COVID-19, OSHA’s website directs employers to follow the Centers for Disease Control and Prevention’s (CDC) “Interim Guidance for Businesses and Employers.” 

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