2021

“Weingarten Rights”: What They Are, and What They Are Not

Labor Law, Unions, Workplace Investigations /

A unionized employee who is subject to an investigatory interview that could lead to his/her discipline may request that a union representative be present during investigatory interviews that may lead to his or  her discipline.  While seemingly simple, this right, commonly referred to as “Weingarten rights,” is greatly misunderstood by both employers and employees. What’s a […]

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At-Will Employment Challenged by New York City Ordinance

Constructive Discharge, Litigation, Personnel Policies, Workplace Discrimination /

Currently, employees in the fast-food industry, like employees in every other industry in New York City, are considered “at-will” employees.  That is, they can be fired for any lawful reason, or no reason at all. However, at-will employment in New York City’s fast-food industry is slated to come to an end this summer.  An ordinance

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New Law Mandates Employers Pay COBRA Benefits

Health Care, Insurance, Personnel Policies /

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “Act”) into law.  The Act mandates that employers provide 100% of an eligible employee’s cost of continuing group health coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) for the period of April 1, 2021 through September 30, 2021. Employers

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OSHA Targets Employers That Retaliate Against Workers Raising COVID-19 Concerns

Covid-19, OSHA, Personnel Policies, Retaliation, Vaccination, Workplace Vaccinations /

The Occupational Safety and Health Act (the “Act”) prohibits employers from retaliating against employees because they report unsafe and unhealthy work conditions, whether internally or to the Occupational Safety and Health Administration (OSHA).  OSHA, the federal agency which administers and enforces the Act, has begun an aggressive campaign to investigate employers who have been accused

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Paid Leave for COVID-19 Vaccinations

Covid-19, Labor Law, Leaves, Retaliation, Vaccination, Workplace Vaccinations /

On March 12, 2021, Governor Andrew Cuomo signed a new law granting employees paid leave time to receive Covid-19 vaccinations.  Under this new law (New York State Labor Law §196-C), every employee must be provided a paid leave of absence from his or her employment for a sufficient period of time, not to exceed four

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COVID-19 Vaccines and Employer Liability

Covid-19, Litigation, Personnel Policies, Vaccination, Workplace Vaccinations /

Employers are exploring their options for mandating or encouraging workers to get COVID-19 vaccinations.  They may even want to offer vaccines onsite when they are available.  So can an employer be held liable if a worker has an adverse reaction to the vaccine? The safety of the vaccines currently approved by the FDA, combined with

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Small Businesses Can Get a Tax Credit for Providing Vaccination Paid Leave

Covid-19, Leaves, Vaccination, Workplace Vaccinations /

To encourage more widespread vaccinations, President Joe Biden recently highlighted a paid-leave tax credit for employers that provide full pay for employees who take time off to get and recover from a COVID-19 vaccination.  The tax credit is available to organizations with fewer than 500 employees, and covers up to $511.00 per day for each vaccinated employee. The tax

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INCREASE IN MINIMUM WAGE ON LONG ISLAND AND WESTCHESTER COUNTY

Labor Law, Overtime, Personnel Policies, Wage and Hour Issues, Wages /

The minimum wage increased on December 31, 2020 on Long Island as well as Westchester County from $13.00 per hour to $14.00 per hour. All employees must be paid at least that amount of monies per hour for all hours worked, plus time-and-a-half for overtime. Feather Law Firm, P.C. strongly urges all employers to pay

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THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETERMINES THAT EMPLOYERS MAY MANDATE COVID-19 VACCINATIONS

ADA, Americans with Disabilities Act (ADA), Covid-19, Disability Discrimination, Discrimination, EEOC, Religion, Vaccination, Workplace Discrimination, Workplace Vaccinations /

On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued much-anticipated guidance to employers regarding mandatory Covid-19 vaccines in the workplace. In its new guidance, the EEOC states that it does not consider vaccinations to be “medical examinations”, which require special justification under the Americans with Disabilities Act (ADA).  This clears the way

THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETERMINES THAT EMPLOYERS MAY MANDATE COVID-19 VACCINATIONS Read More »