Tag Archives: GT Insight

Greenberg Traurig Labor & Employment Shareholders Selected for ABA International Employment Committee

Reaffirming its confidence in the thought leadership and experience within Greenberg Traurig, LLP’s Labor & Employment Practice, the American Bar Association appointed a pair of the firm’s shareholders for key roles within the ABA’s Section of International Law. Shareholder Kelly Dobbs Bunting, based in the Philadelphia office, will co-chair the International Employment Law Committee for … Continue Reading

More Businesses Allowed to Reopen as Massachusetts Moves Into Phase 3 on July 6

Beginning July 6, Massachusetts will enter Phase 3 of the Four-Phase Reopening Plan. However, businesses located within Boston will have a delayed Phase 3 start date until July 13. Just as with Phase 2, Phase 3 will consist of two steps. According to the Governor’s office, Phase 3 will last much longer than previous phases, and … Continue Reading

Reminder: Virginia’s New Employment Laws Take Effect July 1

Virginia’s General Assembly and governor worked together this year to enact a broad range of new employment laws that impact virtually every aspect of the employment relationship. These laws create new substantive and procedural protections for employees and impose new liabilities and burdens on employers, and they take effect July 1, 2020. Read the full … Continue Reading

Philadelphia City Council Passes Bill Prohibiting Employers from Retaliating Against Workers for Speaking Out About COVID-19 Safety Violations

In advance of Philadelphia entering the “green” phase and many businesses reopening, the Philadelphia City Council unanimously passed the Essential Workers Protection Act (Bill No. 200328) on June 25 and was signed by Mayor Jim Kenney on June 26, 2020. For purposes of this Act, introduced by City Councilwoman Helen Gym, essential workers are employees who … Continue Reading

Greenberg Traurig Attorneys Jeffrey Mamorsky and Jonathan Sulds’ Pen ERISA Column in Pensions and Investments

Whether the 5-4 Supreme Court decision in Thole vs. U.S. Bank on June 1 is “good news” for employers and will limit lawsuits by defined benefit participants, as some commentators have forecast, remains to be seen. From the perspective of advising fiduciaries how to discharge their responsibilities and avoid litigation, however, what the majority opinion … Continue Reading

Massachusetts Updates Sector-Specific Safety Standards for Phase 2 Step 2 of Economic Reopening

Effective June 22, 2020, Massachusetts moves into Step 2 of Phase 2 of the Four-Phase Reopening Plan. Businesses permitted to reopen in Step 2 can resume operations under their sector-specific guidance. In addition, prior to opening, the business must meet all safety standards, create a COVID-19 control plan, and complete a self-certification. Read the full … Continue Reading

EEOC Issues Updated Guidance on COVID-19 Antibody Testing

On June 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance (see A.7.) stating employers cannot require workers to undergo Coronavirus Disease 2019 (COVID-19) antibody testing (as distinguished from testing for the COVID-19 virus itself). Increased COVID-19 antibody (or “serology”) testing has been cited as a helpful tool because it aids in understanding … Continue Reading

Timothy Long and Lindsay Hutner to Participate at Bridgeport’s Independent Contractor, Joint Employment Misclassification Litigation 2020 Teleconference

Timothy Long and Lindsay Hutner of global law firm Greenberg Traurig, LLP will participate in the Independent Contractor, Joint Employment Misclassification Litigation Teleconference program on June 30. Hosted by Bridgeport Continuing Education, the teleconference will discuss the challenges of how to classify independent contractors and employees and which employees are exempt. According to its website, Bridgeport … Continue Reading

Supreme Court Rules Title VII protects LGBT+ Employees from Workplace Discrimination: Practical Implications for Employers

What do a gay child-welfare advocate from Georgia, a transgender funeral home employee from Michigan, and a gay skydiving instructor from New York have in common? According to the Supreme Court of the United States, they were all discriminated against in violation of Title VII of the Civil Rights Act of 1964 (Title VII) when their … Continue Reading

Massachusetts Implements New Guidelines for June 8 Start Date for Phase 2 of Economic Reopening

On June 6, 2020, Massachusetts Gov. Baker announced that Phase 2 of the Four-Phase Reopening Plan (known as the “cautions” phase), will start on June 8, 2020. Phase 2 will be divided into two parts, with certain businesses allowed to reopen on June 8, while others will be permitted to reopen at an unspecified date … Continue Reading

Workplace Safety Review Podcast: Episode 1 | Interview with NIOSH Director John Howard on COVID-19’s Impact on Workplace Safety

Host Michael Taylor, Chair of Greenberg Traurig’s OSHA Group, interviews John Howard, Director at the National Institute for Occupational Safety and Health for episode one of the Work Place Safety Review, a Greenberg Traurig podcast. Taylor asks Howard questions regarding the realities of workplace safety in the face of COVID-19, including the difficulty of determining … Continue Reading

COBRA Election and Enrollment Deadlines Extended During COVID-19 ‘Outbreak Period’

On May 4, 2020, in response to the Coronavirus Disease 2019 (COVID-19) pandemic, the Internal Revenue Service (IRS), Department of the Treasury, and the Employee Benefits Security Administration (EBSA), Department of Labor, issued rules extending deadlines for participants and beneficiaries of certain group health, disability, and welfare plans to make certain benefit elections, give certain … Continue Reading

OSHA Will Examine If Employers Determined Whether Employee COVID-19 Cases Are Work-Related For Purposes of Recording Workplace Injury and Illnesses

On May 19, 2020, OSHA issued another enforcement guidance memorandum regarding recording COVID-19 cases that rescinds the prior guidance and obligates employers to make at least some work-related determinations regarding employees who contract COVID-19. The new memorandum goes into effect May 26, 2020, and will remain in effect until further notice. By way of background, … Continue Reading

Fewer Commissioned Employees Eligible for Overtime Under New Employer-Friendly Department of Labor Rule

The United States Department of Labor (DOL) issued revised regulations on May 18, 2020, effectively expanding the exemptions under Section 7(i) of the Fair Labor Standards Act (FLSA), which permits certain commissioned employees of “retail or service establishments” to be considered exempt from overtime. Designed to “reduce confusion,” the new rule, which takes effect immediately, … Continue Reading

ReOpen DC Advisory Group Recommends Four-Stage Reopening Plan

On May 21, 2020, the ReOpen DC Advisory Group, led by Ambassador Susan Rice and Secretary Michael Chertoff, issued recommendations to Mayor Muriel Bowser for reopening the city in four stages. While the plan does not include specific dates, Mayor Bowser announced that Stage One could begin as early as May 29, 2020. This GT Alert summarizes the four … Continue Reading

CDC Issues Guidelines for Reopening

The Centers for Disease Control and Prevention (CDC) recently issued guidance titled “CDC Activities and Initiatives Supporting the COVID-19 response and the President’s Plan for Opening America Up Again.” The 60-page document details the initiatives, activities, and tools the CDC is using to support the effort to reopen the country amid the ongoing COVID-19 emergency, … Continue Reading

DOJ and FTC Issue Joint Antitrust Statements for Businesses and Workers in Response to COVID-19 Pandemic

In April, the Antitrust Division of the Department of Justice and the Bureau of Competition of the Federal Trade Commission released a Joint Statement, warning they are “on alert” and will scrutinize employers – especially employers of front-line and essential workers such as doctors, nurses, grocery store employees, pharmacists, and warehouse workers – who engage in … Continue Reading

UK Employer COVID-19 Return-to-Work and Reporting Obligations Under RIDDOR

The UK national government has announced, in relation to England only, a programme of progressive easing of current lockdown measures due to Coronavirus Disease 2019 (COVID-19). With respect to working arrangements, the guidance provides that: [a]ll reasonable steps should be taken by employers to help people work from home. But for those who cannot work from … Continue Reading

New York DOH Issues Business Reopening Safety Plan

The New York State Department of Health has issued a model Business Reopening Safety Plan for businesses that will be reopening in Phase 1 of Gov. Cuomo’s four-phase reopening guidelines for various regions and industries in New York state. Read the full GT Alert, “New York DOH Issues Business Reopening Safety Plan.”… Continue Reading

New Jersey to Permit Curbside Pickup at Non-Essential Retail Businesses, Non-Essential Construction, and Gatherings in Cars

On May 13, 2020, in a step towards reopening New Jersey’s economy during the COVID-19 pandemic, Gov. Phil Murphy signed Executive Order No. 142, which among other things (i) permits “non-essential” retail businesses to operate on a “curbside pickup” basis, and (ii) lifts the ban on non-essential construction projects. Executive Order No. 142 modifies earlier Executive … Continue Reading

Governor Baker Announces Reopening Plan for Massachusetts Economy

On May 18, 2020, Massachusetts Gov. Baker announced the implementation of a four-phase reopening plan for Massachusetts. For an overview of the four-phase plan, see GT Alert, Massachusetts Announces Four-Phase Reopening Approach and Mandatory Workplace Safety Standards, May 14, 2020. Businesses eligible to reopen in Phase One must follow both mandatory workplace safety standards and sector-specific requirements. Businesses … Continue Reading

Massachusetts Announces Four-Phase Reopening Approach and Mandatory Workplace Safety Standards

On May 11, 2020, Massachusetts Gov. Baker announced a four-phase approach to reopening the Massachusetts economy in light of the Coronavirus Disease 2019 (COVID-19) pandemic. The phased reopening is based on public health guidance, and is intended to allow certain businesses, services, and activities to resume, while aiming to protect public health and limit a … Continue Reading

Handling Employee Concerns and Protests During the Pandemic: Federal Law on Interference with Operations

Work stoppages and disruption of operations are consequences of the Coronavirus Disease 2019 (COVID-19) pandemic. This GT Alert provides an overview of federal law regarding employee protections associated with work stoppages that protest safety in the workplace. Read the full GT Alert here: “Handling Employee Concerns and Protests During the Pandemic: Federal Law on Interference … Continue Reading

The Interplay Between the Massachusetts Unemployment Assistance Program, the Massachusetts WorkShare Program, and the Enhanced Unemployment Benefits in the CARES Act

The current COVID-19 public health crisis has brought about significant changes to unemployment benefit programs at the state and federal levels. This GT Alert discusses these changes, the interplay between the state and federal unemployment laws, and provides an overview of the Massachusetts WorkShare program, which may provide greater flexibility to employers and benefits to … Continue Reading
LexBlog