Analysis and commentary by Reed Smith attorneys on developments in employment and labor law
Please see an updated version of our FAQs as of July 25, 2020.
We have compiled FAQs concerning New York’s COVID-19-related health and safety protocols for businesses across the state. These protocols apply to all New York businesses – regardless of size, location, whether the business has physically reopened, or whether it was deemed “essential”…
Since early May, New York State has published – across multiple platforms – a slew of materials related to business reopenings and workplace-related health and safety. We developed a FAQs based on some of the more common New York-specific questions that clients have posed to us since May. The FAQs touch on a host of…
As shutdown orders begin to subside and states across the nation take steps toward reopening, employers should prepare for a potential spike in employment claims arising out of new legislation, the application of existing laws to novel workplace circumstances and a sudden downturn in the economy. Below is a summary of some of the claims that employers can expect to receive in the coming months.
Claims stemming from layoffs, furloughs and recalls to work
Employers may see claims brought by individuals who allege that they were not given proper notice of, and/or were discriminated against, in an employer’s selection of employees to terminate, furlough or recall following the onset of the COVID-19 pandemic.
Federal Worker Adjustment and Retraining Notification (WARN) and parallel state “mini-WARN” acts generally require covered employers to provide advance notice (usually 60 days) of a mass layoff or a significant reduction in hours. As a result of the shutdown orders across the country, many non-essential businesses were abruptly forced to significantly slow or completely halt operations. Consequently, these businesses were forced to furlough or lay off their workforces with little or no notice. Employers that were unable to give requisite WARN notice (or gave no notice at all) may see an influx of claims seeking potential damages for back pay and fringe benefits for each day of violation, as well as for civil penalties. Unfortunately, the U.S. Department of Labor has yet to provide clear guidance as to whether the unforeseeable business circumstances or natural disaster exceptions will apply to businesses impacted by these shut-down orders.
Continue Reading Employers Beware: Post-pandemic litigation traps
As we previously detailed here and here, New York State Governor Andrew Cuomo recently outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings are being determined, first, on a region-by-region and then, once a region is eligible to reopen, on a phased industry-by-industry basis.
Since the Governor made his initial reopening announcement, the State has published a slew of materials to assist businesses as they reopen. To further assist businesses, we have created a central location – i.e., this post – from which these materials can be accessed. Following, therefore, are links to, and details regarding, these important materials:
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Continue Reading Update on everything you need to know about New York’s business reopening plan
As we previously detailed, last week New York State Governor Andrew Cuomo outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings will be determined, first, on a region-by-region and then, once a region is eligible to reopen, on a phased industry-by-industry basis.
In the wake of Governor Cuomo’s announcement, New York businesses have been clamoring for additional information on the reopening requirements. Yesterday, the Governor provided such information – specifically, he:
According to the dashboard, the Finger Lakes, Southern Tier, and Mohawk Valley regions have each satisfied all seven of the Governor’s reopening criteria. This means that, starting on May 15 (when the State’s “stay at home” order lifts), these three regions can likely reopen “phase one” businesses, which include construction, manufacturing, wholesale trade, select retail for curbside pickup only, agriculture, forestry, and fishing (a comprehensive list can be found here).
New York City has, thus far, satisfied the fewest reopening criteria – four – of any region.
Yesterday, New York State Governor Andrew Cuomo outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings will be determined on a region-by-region and industry-by-industry basis. And when businesses do ultimately reopen, they will be required to adopt a plan to protect employees and consumers, make the physical work space safer, and implement specific safety precautions. Below we will delve into the Governor’s staggered, phased approach to reopening New York.
Continue Reading Gov. Cuomo announces guidelines to “reopen” New York