As of June 4, 2020, outdoor and patio dining have re-opened in WNY as part of Phase 2 of the State’s re-opening plan. How should employers go about re-opening their outdoor dining spaces, and what should they know about the NYS Department of Labor Interim Guidance on outdoor dining? 

This alert summarizes some of the key issues that businesses must consider as they make plans to reopen, including putting together a workplace safety plan.

Private business and store owners/operators now can use the “no mask-no entry” rule to deny individuals entry into their businesses if they have no mask on or refuse to wear a mask or other face-covering.

The Wage and Hour Division of the United States Department of Labor has issued a non-COVID-19-related final rule that service and retail industry employers should not overlook.

On May 19, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it is increasing in-person inspections at all types of workplaces, and it will now enforce the recordkeeping requirements for employee coronavirus illnesses for all employers.

Hurwitz & Fine details out the businesses included in Phase 1, and the "Business Safety Precautions" plan they must to develop in order to reopen.

The initial flurry of requests for Families First Coronavirus Response Act (“FFCRA”) leave may have passed, but as New York businesses make plans to reopen, we are likely to see new situations where parents with school-aged children may request leave under the FFCRA. 

Hurwitz & Fine Labor & Employment team speaks on the key legal issues and best practices that employers should consider as they prepare to return to the "new normal" workplace in the May 11, 2020 edition of Buffalo Business First.

The Equal Employment Opportunity Commission (“EEOC”) has provided updated guidance to employers on issues related to: (1) employee requests for reasonable accommodations under the Americans with Disabilities Act (“ADA”); (2) individuals at high risk for contracting COVID-19 who have not requested accommodations; and (3) potential undue burdens on employers.

For those businesses who obtained a PPP loan, in order to have it forgiven, they may need to get their staff off unemployment and back on the payroll.  But what if a laid off employee rejects an offer to rehire?

With change comes new opportunities to best serve our clients. We have responded by creating and launching our COVID-19 Legal Response Team, which is an inter-disciplinary practice group devoted to COVID-19 liability issues. This team, supported by our COVID-19 Resource Center on our website will provide the guidance you need whether it is a workplace or employment issue, defense of a nursing home or other health care provider, advice on the enforceability of force majeure clauses in contracts, or business interruption claims.

Is your business ready to re-open when workplace restrictions issued in response to the COVID-19 crisis are eventually lifted? 

While plans to reopen the economy are still in their earliest stages, now is the time for employers to start preparing to reopen their businesses.

Hurwitz & Fine discusses new issues, which have arisen as to legal questions that employers will likely face as the nation returns to “normal” business operations.

The U.S. Equal Opportunity Employment Commission (EEOC) and U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued updated guidance for employers responding to workplace COVID-19 workplace issues.

Governor Cuomo recently passed amendments to the New York State Labor Law.  These amendments mandate that employers provide paid sick leave to their employees and will go into effect on January 1, 2021.

Empire State Development recently issued updated guidance on the meaning of “Essential Businesses” in relation to Gov. Andrew Cuomo’s executive orders pertaining to the state’s response to the COVID-19 pandemic.

This past week, the Center for Disease Control issued new guidelines for when an essential employer should permit a critical infrastructure employee to return to work after a coronavirus exposure. Hurwitz & Fine breaks down the new recommendations.

On April 1, 2020, the U.S. Department of Labor (DOL) released temporary regulations interpreting the Families First Coronavirus Response Act (FFCRA) that requires private employers with 499 or fewer employees, and certain public employers, to provide covered employees emergency paid sick leave (EPSL) and emergency unpaid and paid family leave (FMLA+). Hurwitz & Fine has highlighted some of the key regulations that may be of interest to small businesses.

Ann Evanko and Katherine Wood are highlighted for their employment law victory and Patrick Curran is featured for his nursing home negligence defense verdict.