EOC Issues Guidelines on Whether Employers May Bar Workers with Underlying Medical Conditions from the Workplace

May 07, 2020

On May 7, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidelines allowing employers to bar workers with underlying medical conditions from the workplace during the COVID-19 if, after a rigid “individualized assessment,” the employer concludes the employee’s condition poses a “direct threat” to his or her own health if they contract the virus.  In other words, an employer can bar an employee from entering the workplace if, after an... [...]

Court Approves a $5.4 Million Settlement for TBTA Sergeants and Lieutenants’ FLSA Overtime Claims

May 06, 2020

On May 6, 2020, the Honorable Vernon S. Broderick of the United States District Court for the Southern District of New York approved a $5.4 million settlement for overtime claims raised by a collective of 169 Sergeants and Lieutenants. See Feliciano, et al. v. Metro. Transp. Auth., et al., No. 1:18-cv-00026 (VSB) (S.D.N.Y. May 6, 2020) (the “Order”). In this Collective Action, Plaintiffs alleged that they were not paid all of their wages in accordance with the Fair Labor Standards Act... [...]

Essential Workers Nationwide Participate in May Day Strike for Improved Working Conditions During COVID-19 Outbreak

May 01, 2020

As most citizens across the United States continue to shelter in place to slow the spread of the novel Coronavirus, workers at grocery stores, department stores, pharmacies, parcel delivery services, and other essential businesses have been forced onto the frontlines, constantly putting their health at risk.  These essential workers assume this risk oftentimes for low wages and without adequate personal protective equipment (“PPE”).  . Accordingly, workers in cities across the country... [...]

Rep. Ro Khanna and Sen. Elizabeth Warren Fight to Include an ‘Essential Workers’ Bill of Rights in Next Stimulus Package

April 28, 2020

On April 16, 2020, Representative Ro Khanna (D-Calif.) and Senator Elizabeth Warren (D-Mass.) unveiled a proposal for an Essential Workers Bill of Rights that would provide essential workers on the frontlines of the COVID-19 pandemic with robust protections.  The two lawmakers are calling for the bill to be included in the next COVID-19 relief package to be voted on by Congress on May 4, 2020.  . Reports indicate that frontline workers – such as, doctors, nurses, home care workers, food... [...]

EEOC to Allow Employers to Test Employees for COVID-19 Upon Return to Work

April 27, 2020

The U.S. Equal Employment Opportunity Commission (“EEOC”) provided further guidance on how far employers can go to screen workers for health risks before returning to the workplace. Specifically, the EEOC stated that employers may administer COVID-19 tests of employees upon returning to work without contravening the Americans with Disabilities Act (“ADA”).  The EEOC noted that any medical test that employers administer must be “job related and consistent with business necessity”... [...]

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