News & Commentary

With the rise of “Long COVID” as a serious health issue, the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ) jointly published guidance on whether and when Long COVID is a disability under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Section 1557…

On July 9, 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy. In the Order, which included 72 initiatives targeting various industries and agencies, a competitive marketplace is credited with creating “more high-quality jobs and the economic freedom to switch jobs or negotiate a higher wage” whereas the current marketplace…

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…

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.

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…

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,…

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…

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…

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…

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…