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
Jenifer M. Bologna
Jenifer Bologna is a principal in the White Plains, New York, office of Jackson Lewis P.C.
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…
New York Bars Discipline for Legally Protected Employee Absences
CDC’S COVID-19 Guidance Changes… Again
Since March 2020, COVID-19 rules have been confusing at best. On August 11, 2022, in an effort to streamline the guidance and reflect the current state of the pandemic, the CDC once again issued updated guidance. The new guidance focuses on individual responsibility and is designed to help the public better understand how to…
What Employers Need to Know About Monkeypox
Monkeypox (MPV) is the latest virus to catch wide attention. But it is important for employers to keep in mind that MPV is not COVID-19. Nevertheless, there are steps employers can take. Read the full article here.
EEOC Updates Its COVID-19 Guidance to Reflect Current State of COVID-19 in the U.S.
As the pandemic continues to evolve, so does the EEOC’s guidance. On July 12, 2022, the EEOC once again updated its COVID-19 guidance: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to reflect the pandemic’s changing state. The updated guidance follows CDC’s June 10, 2022 statements regarding…
New EEOC Guidance Spotlights Caregivers in the Workplace
As the number of employees requesting flexible work arrangements increases, the Equal Employment Opportunity Commission has released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” and an update to its COVID-19 “What You Should Know” to address employees and job seekers with family caregiving responsibilities.