Litigation Attorney Eric Andrew discusses the practical hazards of negotiating and effectuating settlements in the age of COVID.

New York just provided guidance in the form of Frequently Asked Questions (FAQS) on the Paid Vaccination Leave Law. While many questions remain unanswered, the FAQs explain and reemphasize certain points. Attorney Joe Brown summarizes in this legal alert.

The American Rescue Plan Act of 2021 (“Act”) was signed into law—the Act was highly anticipated by many, as it provides stimulus relief to many Americans.  However, in addition to the stimulus relief, the Act contains employment-related provisions of which employers should be aware.  This article serves to provide a brief overview of these employment-related provisions of the Act. 

There are several reasons to be vaccinated—protecting your own health and that of others is the most important and should be the primary reason. An added benefit is that one can now qualify in New York to be exempt from the rigorous quarantine requirements upon proof of full vaccination within certain time periods. 

New York Governor Andrew Cuomo just signed a bill that provides private and public sector employees with up to four hours of excused leave per injection of the COVID-19 vaccine that will not be charged against any other leave the employee has earned or accrued.

Labor & Employment Attorney Joe Brown provides the latest updates for New York employers on: (1) the CDC’s First Set of Guidelines on How Fully Vaccinated People Can Visit Safely with Others; (2) New York’s Quarantine Guidelines for Fully Vaccinated Individuals; and (3) New York’s Travel Advisory for Fully Vaccinated Individuals.  Stay tuned for bonus tracks in the weeks to come.

What does federal and state guidance say about safety and quarantine protocols for those employees who have been fully vaccinated?  Attorney Joe Brown addresses those questions and provides a reminder about consistently applying health and safety protocols in the light of increased enforcement activity by federal and state authorities. 

The development and distribution of COVID-19 vaccines late last year has offered a glimmer of optimism for businesses hoping to return to “normal” in 2021.  But how will the increased availability of COVID-19 vaccines impact the workplace?  Labor & Employment Attorney Joe Brown provides answers to six commonly asked questions about COVID-19 vaccination policies.

On January 20, 2021, the New York State Department of Labor issued guidance that expands employers’ obligations to provide paid leave under the NYS COVID-19 leave law.  Particularly, the new guidance addresses employer-mandated leaves related to COVID-19 and situations where an employee tests positive for COVID-19 multiple times.

As we usher in the new year, employers are faced with continuing challenges due to COVID-19 disruptions, remote working, uncertainty with COVID-19 vaccinations, new employment laws, and the increasing demands of a workplace under stress. While employers’ responses to these demands require more attention than ever, the foundation of strong employment practices will remain familiar in many ways and this framework will help you minimize your risk of being sued.

This alert summarizes the updated NYS guidelines and the implications for employers with respect to paid leave under NYS COVID-19 Paid Sick Leave and the federal Families First Coronavirus Response Act (FFCRA), which was not extended beyond December 31, 2020.

In a case of first impression, a Connecticut federal court held that a standard virus exclusion precludes coverage for claims of COVID-19-caused business income loss. The insured argued that the loss was caused by stay-at home orders, not the virus, but the court rejected that argument finding that the executive orders were inseparable from the virus itself.

As we look forward to a widely available COVID-19 vaccine (and a potential return to normalcy), employers may be considering mandating that their employees get vaccinated.  However, there are important Americans with Disabilities Act (“ADA”), Title VII, and Genetic Information Non-Discrimination Act (“GINA”) implications that employers must consider.

Insurance Coverage Attorney Ryan P. Maxwell was featured in a profile from Business First on December 17, 2020, speaking about business interruption cases stemming from COVID-19 and his career experience. 

With the prevalence of COVID-related layoffs and reductions in force this year, employers may have recently brushed up on their obligations under the New York State Worker Adjustment and Retraining Notification Act (“NYS WARN Act”).  However, employers should be aware that the state recently expanded employers’ notice obligations under the WARN Act.

Labor & Employment Attorney Joseph S. Brown spoke with Buffalo Business First on December 2, 2020 about fines businesses could face if they violate New York-mandated COVID-19 restrictions.

With Governor Andrew M. Cuomo recently stating that portions of Erie County were on track to go into the Red Zone, it is important to assess whether your business is considered “essential” under guidance issued by Empire State Development Corporation (ESD).  This alert provides a brief overview of the Cluster Action initiative and how to determine if a business is considered essential in the Red Zone. 

Hurwitz & Fine President/Managing Partner Jody E. Briandi was published in U.S. News & World Report and Best Lawyers "Best Law Firms 2021" for her thought leadership piece on crisis management and transition during a pandemic.

On October 31st, NY Governor Cuomo announced the state would be scrapping the Travel Advisory List in favor of a testing-based approach that now allows a traveler to “test out” of the mandatory 14-day quarantine. 

Hurwitz & Fine attorneys Lee S. Siegel and Ryan P. Maxwell were featured in the DRI In-House Defense Quarterly Fall 2020 publication for their article, "A One-Two Punch: Michigan State Court Renders First Substantive COVID-19 Decision and It's Big News for Carriers."