In a decision with far-reaching implications, U.S. District Judge J. Paul Oetken in the U.S. District Court for the Southern District of New York sided with the State of New York in striking down a U.S. Department of Labor (DOL) Final Rule limiting the circumstances under which employees can gain access to sick leave and emergency family leave benefits during the COVID-19 pandemic.
Michael T. Glascott Elected President of the Federation of Defense and Corporate Counsel
On July 31, Goldberg Segalla partner Michael T. Glascott began his term as President of Federation of Defense and Corporate Counsel (FDCC).
Executive Order Creates Rebuttable Presumption for COVID-19 Workers’ Compensation Claims in Connecticut
On July 24, 2020, Connecticut Governor Ned Lamont signed Executive Order 7JJJ, which creates a rebuttable presumption that a COVID-19 diagnosis arises out of and in the course of employment for workers in certain circumstances. As in other states that have created similar rebuttable presumptions, either by executive order or statute, the
Embracing a New Normal: COVID-19 Reporting Requirements on the Horizon for California Employers?
As employers are adapting to rebuilding the workplace during a pandemic, California recently introduced a bill that will require employers to provide “specified notifications” to its employees and relevant governmental entities of any employee exposure to COVID-19 “that the employer knew of or should have reasonably have known of.”
SCOTUS Reinforces “Ministerial Exception” in Employment Disputes Involving Religious Institutions
The U.S. Supreme Court has expanded the application of the First Amendment’s Religion Clauses to employment decisions made by religious institutions
Employers Should Review OSHA’s New Guidance on Safely Returning Employees Back to Work Post-COVID-19
The Occupational Safety and Health Administration (OSHA) recently issued new guidance for employers that clarifies previous guidelines for reopening businesses and returning employees to the workplace.
Pre-Employment Testing for Marijuana?
In May 2019, Section 8-107 of title 8 of the NYC admin code was amended to make it unlawful for an employer and others to test for marijuana or THC as a condition of employment. This law becomes effective May 10, 2020. The NYC Commission on Human Rights is promulgating
Law Practice Management, LPL and COVID-19
COVID-19 has changed the practice of law. Whether the changes are permanent or temporary, many have occasioned increased risks of malpractice claims against lawyers and law firms. To help our clients meet these new challenges, Goldberg Segalla has compiled a guide for avoiding and mitigating legal malpractice claims stemming from
Pennsylvania Businesses Directed to Implement Public Health Safety Measures
Pennsylvania Department of Health Secretary Dr. Rachel Levine has issued an order requiring protections for critical workers who are employed at businesses that are authorized to maintain in-person operations during the COVID-19 emergency. The order took effect immediately on April 15, 2020, but does not become “enforceable” until 8 p.m. on April 19, 2020.
New Jersey Expands Protections of the Family Leave Act and Amends Mini-WARN Act Amid COVID-19 Pandemic
New Jersey Senate Bill 2374 has expanded protections of the New Jersey Family Leave Act to employees taking time off to care for a family member during the COVID-19 outbreak
New York Changes Election Leave Law Again
As part of New York State’s 2020–21 budget, Gov. Andrew M. Cuomo signed legislation which largely reverts the election leave law back to its original state (with some exceptions), prior to the amendments passed in 2019. The 2019 amendments were criticized by many for providing election leave entitlements to all employees, including those that seemingly had enough time to vote outside of work.
COVID-19: Connecticut Workers’ Compensation Commission Institutes Temporary Emergency Guidelines
In response to the COVID-19 pandemic, the Connecticut Workers’ Compensation Commission has instituted temporary emergency guidelines that will directly impact the day-to-day operations of the Commission as well as the speed at which cases will be heard. In response to this unprecedented event, the Commission has postponed all dockets for March
Limited Reopening of New Jersey Workers’ Compensation Court Set For April 6th
The Director of the New Jersey Workers’ Compensation Court has announced a limited reopening set for April 6, 2020. The Director previously announced that all courts would be closed from March 17, 2020 to April 3, 2020 on the heels of the COVID-19 outbreak.
Courts will conduct telephonic conferences on
New York State Mandates Total Reduction of Onsite Workforces for Non-Essential Businesses, Guarantees Job Protection and Pay for Quarantined Workers
At a press conference on March 20, Gov. Andrew Cuomo indicated he will be issuing an order directing non-essential businesses to reduce in-person employees 100 percent
OSHA Form 300a Reporting Deadline and Other Recordkeeping Considerations
March 3, 2020 was the deadline for employers to electronically submit the required data from OSHA form 300A. Form 300A provides OSHA with a summary of all recordable work-related injuries and illnesses from the previous year and is to be filed through the electronic OSHA Injury Tracking Application (ITA). Employers
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