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Jenifer M. Bologna
Jenifer Bologna is a principal in the White Plains, New York, office of Jackson Lewis P.C. She focuses much of her practice on assisting multi-state employers with compliance solutions, developing policies and practices that are lawful in all of the jurisdictions in which they operate.
Jenifer specializes in preventative advice and counsel on a nation-wide basis, regularly advising clients on multi-state employment law issues to address an increasingly remote and hybrid workforce. In addition, she supports employers in navigating the complex and growing body of federal, state and local leave, accommodation and benefit laws that impact an employer’s response to employees who are injured or ill, have family care responsibilities or need time to bond with children.
Jenifer’s extensive counseling experience allows her to provide nuanced advice that helps employers effectively respond to the legal and business challenges posed by the varying array of workplace employment laws. Utilizing creative legal strategies and practical advice, she guides clients through these complex issues that often demand individualized solutions.
Jenifer's goal is to minimize her clients’ litigation risk by working with them to implement preventative strategies and constructive solutions. As such, she regularly assists employers with policy and process development or improvement, including absence management and accommodation protocols and multi-state employment policies. Understanding there is no one-size-fits-all approach, Jenifer works with clients to develop an employment law compliance strategy that best fits their specific needs.
In addition to advice and counsel, Jenifer frequently speaks on disability and absence management issues and employment law compliance, including regularly conducting workplace training on these topics.
Special Report: PWFA Final Regulations
The Equal Employment Opportunity Commission (EEOC) released the text of the final regulations and interpretative guidance implementing the Pregnant Workers Fairness Act (PWFA) on April 15, 2024. They were formally published in the April 19, 2024, Federal Register and will be effective 60 days later.
The EEOC received more than 100,000 public comments, including comments…
EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act
The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires that employers with at least 15 employees provide reasonable accommodations, absent undue hardship, to qualified employees and applicants with known limitations related…
What Employers Should Know About the Latest CDC COVID-19 Guidance
It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance, including from no mask, to mask, to no mask. On March 1, 2024, the CDC changed the isolation guidance for those with…
EEOC’s Proposed Pregnant Workers Fairness Act Regulations: Oh Mama!
On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) formally published proposed regulations to implement the Pregnant Workers Fairness Act (PWFA). In a matter of just under 9 months, since the law was enacted at the end of 2022, the EEOC crafted 275+ pages worth of regulations, preamble and interpretive guidance to…
EEOC Revises its COVID-19 Guidance, Again
On May 15, 2023, in response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”. This guidance has now been updated roughly twenty times since the start of the…
As the U.S. COVID-19 Public Health Emergency Ends, Employers Ask Now What?
The U.S. COVID-19 Public Health Emergency will end on May 11, 2023, one week after the World Health Organization determined that COVID-19 is no longer a Public Health Emergency of International Concern. On that same day, the Biden-Harris Administration has announced it will end COVID-19 vaccination requirements for federal employees, federal contractors, and international air…
DOL Issues Guidance on Handling Telework under FLSA, FMLA
The U.S. Department of Labor (DOL) has issued guidance on the application of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) to employees who telework from home or from another location away from the employer’s facility.
The Field Assistance Bulletin (FAB) 2023-1, released on February 9, 2023, is directed…
New York State Department of Health Regulation Requiring COVID-19 Vaccine for Healthcare Providers Declared Null and Void Because it Conflicts with Public Health Law
On Friday, January 13, 2022, a New York State Supreme Court Judge for Onondaga County struck down the New York State Department of Health regulation mandating certain healthcare professionals be “fully vaccinated” against COVID-19, declaring the regulation to be “null, void, and of no effect.” (Medical Professionals for Informed Consent, et. al. v. Bassett, et…

New York Department of Health Revises the COVID-19 Return-to-Work Protocols for Healthcare Personnel, Consistent with CDC Recommendations
On November 30, 2022, the New York State Department of Health (NYSDOH) updated its Advisory on Return-to-Work Protocols for Healthcare Personnel with SARS-CoV-2 Infection or Exposure to Sars-CoV-2. This new guidance supersedes previous New York guidance to be consistent with recommendations published by the Centers for Disease Control and Prevention (CDC).
For recommendations on…