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On Tuesday, June 15th, 2021, the one-year anniversary of the landmark Supreme Court decision Bostock v. Clayton County, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document laying out guidance regarding protections against employment discrimination based on sexual orientation or gender identity. In Bostock, the U.S. Supreme Court held that federal law…
Category Archives: News & Commentary
Levy Ratner congratulates Allyson Belovin
Levy Ratner is thrilled to announce that Allyson Belovin was elected a Fellow of the College of Labor and Employment Lawyers. Click here to read more about Allyson’s long and successful career protecting and advancing the rights of working people by representing labor unions and individuals in all aspects of labor and employment law.
Concerned About COVID-19 at Your Workplace? OSHA Releases Long-Overdue COVID-19 Emergency Temporary Standard, with Limits on Its Scope
On Thursday, June 10, 2021, the Occupational Safety & Health Administration (OSHA) released its much-anticipated COVID-19 Emergency Temporary Standard (ETS), nearly five months after President Biden issued an executive order directing the agency to pursue an emergency standard to reduce the risk that workers may contract COVID-19 in the workplace. Notably, while the executive order…
Is Your Employer Offering You an Incentive to Get Vaccinated Against COVID-19? EEOC Releases Guidance on Incentives for Employee Vaccination
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) released updated technical assistance explaining how federal equal employment opportunity (EEO) laws—namely, the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA)—apply when an employer offers incentives for employees to provide documentation or other confirmation of their COVID-19 vaccination status. First,…
Feeling the Effects of the COVID-19 Vaccine? NYS Paid Sick Leave May Be Used
On May 27, 2021, New York Governor Andrew Cuomo announced that state Department of Labor forthcoming guidance will direct employers to permit the use of NYS Paid Sick Leave for any necessary recovery period from the COVID-19 vaccine. As a result, New Yorkers experiencing side effects from the COVID-19 vaccine can use NYS paid sick…
Are you a Tipped Worker? Be Aware of Upcoming Changes to Tip Rules
Tip credits allow employers to combine hourly wages and tips to pay employees the federal minimum wage, so long as minimum cash payment requirements are also met (which must be at least $2.13 per hour). An employer will “credit” some of the tips back to the employee on their paycheck. Employers must fully distribute tips…
New York HERO Act Provides Health and Safety Protections for Workers
On May 5, 2021, Governor Cuomo signed into law the New York Health and Essential Rights Act (“HERO Act”), which requires employers to help protect workers from airborne infectious diseases, such as COVID-19. The law is the result of sustained efforts by labor unions and public interest groups for enactment of enforceable health and safety protections…
Coming Soon: No Surprise Medical Billing
The federal Consolidated Appropriations Act of 2021 (“CAA”), signed into law last December, contains the No Surprises Act. This is very good news for health plan participants. The law protects plan participants from surprise medical billing and provides transparency about medical providers’ fees. However, these protections don’t kick in until 2022. Frequently, a person goes…
DOL Releases Guidance on the American Rescue Plan Act’s COBRA Premium Assistance
The American Rescue Plan Act (ARPA), enacted in March 2021, authorizes temporary COBRA premium assistance to certain individuals and their dependents who have lost employer-sponsored health coverage due to involuntary termination of employment (other than for gross misconduct) or reduction of hours. The assistance reduces the amount of COBRA premiums to zero for the period…
New York Establishes Historic Excluded Workers Fund
The 2022 New York State Budget created a $2.1 billion program for workers who have lost income during the COVID-19 pandemic, but are ineligible for Unemployment Insurance, federal stimulus payments, or other federal COVID-related benefits due to their immigration status. Immigrant communities have been disproportionately burdened by the pandemic in terms of their health and…