Legal & Legislative

    President’s Path Out of the Pandemic Adds Hurdles for Employers
    Catherine A. Cano, Patricia Anderson Pryor, Tara K. Burke, Courtney M. Malveaux, Cressinda D. Schlag, Leslie A. Stout-Tabackman and Katharine C. Weber
    On September 9, 2021, the White House issued Path Out of the Pandemic: President Biden’s COVID-19 Action Plan. The Plan outlines a six-pronged approach, portions of which will impose new obligations on employers across the country. Most notably for employers, the first prong of the Plan, “Vaccinating the Unvaccinated,” includes: Direction to the Department of Labor’s Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary Standard (ETS) requiring all...
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    DOL Announces New Cybersecurity Guidance for Plan Sponsors, Plan Fiduciaries, Recordkeepers & Plan Participants
    Lisa Jones
    The language used in the guidance indicates that the DOL considers protecting retirement plan assets and personal information through cybersecurity part of a plan sponsor’s fiduciary duties under ERISA. This cybersecurity duty is not a new concept and has been part of retirement plan lawsuits. However, this is the first time the...
    DHHS and DOJ Issue Guidance on “Long COVID” As a Disability
    Catherine A. Cano
    On July 26, 2021, the U.S. Department of Health and Human Services (DHHS) and the U.S. Department of Justice (DOJ) issued guidance explaining that “long COVID” can be a disability under Titles II and III of the Americans with Disabilities Act (ADA), which apply to state/local government and public accommodations respectively, Section...
    OSHA’s Updated Guidance for COVID-19 in Workplaces
    Courtney M. Malveaux
    When the Occupational Safety and Health Administration (OSHA) rolled out its COVID-19 Healthcare Emergency Temporary Standard on June 10, 2021, it also issued its updated Guidance on Mitigating and Preventing the Spread of COVID-19 in non-healthcare workplaces. In its previous guidance, published January 2021, OSHA incorporated guidance from the Centers for Disease Control and Prevention...
    Tips for Updating Employee Handbooks in 2021
    Kristina H. Vaquera
    There are numerous reasons why employers should take the time to update their handbooks on an annual basis, at a minimum. However, many employers, including those in the construction industry, undervalue the benefits a current, legally compliant handbook can have, and unfortunately, having an out-of-date handbook can be just as...
    Fiduciary Governance Practices
    Alan Pfeffer, QPA, AIF
    Fiduciary Governance has been in all the headlines over the last year or two.  There has been a lot of ERISA litigations.  The fact is that Fiduciary Governance has always been in vogue, has always been important, not just recently.  I am going to talk about eight things that you...
    OSHA Nomination Signals Greater Enforcement, New Standards
    Jennette E. DePonte, Courtney M. Malveaux and Cressinda D. Schlag
    Signaling significant regulatory and enforcement changes from the Occupational Safety and Health Administration (OSHA), President Joseph Biden has named a California official to lead the agency. Biden nominated Douglas Parker, the chief of California’s Department of Industrial Relations Division of Occupational Safety and Health (Cal/OSHA) on April 9, 2021, to...
    OSHA Issues Updated COVID-19 Guidance in Compliance with President Biden’s Executive Order
    Mary L. Bradley and Raymond Perez, II
    As directed by President Joe Biden’s Executive Order issued on January 21, 2021 requiring the Federal Government to take swift action to protect workers from the COVID-19 pandemic, the Occupational Safety and Health Administration (“OSHA”) has released updated guidance on how to prevent exposure and the spread of COVID-19 in the workplace....
    NYC COVID-19 Face Coverings FAQs
    NYCSHRM Blogger
    On July 13, 2020, the New York City Department of Health released frequently asked questions about face coverings and directed New Yorkers to wear a face covering whenever they are with other people when they are indoors, not at home, even if six feet of distance can be maintained. The FAQs also...
    SHRM: CDC Releases Comprehensive Coronavirus Guidance
    NYCSHRM Blogger
    Detailed guidance released by the Centers for Disease Control and Prevention (CDC) this week sets out criteria for reopening the economy and tracking coronavirus cases, with specific instructions for child care centers, schools and day camps; restaurants and bars; mass transit; and all employers with high-risk workers. The 60-page guidance document...
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