As the world moves through the third year of the COVID-19 pandemic, businesses and employees continue to strive for a sense of normalcy, but the seesaw of regulations continues.  Cases drop, restrictions are eased, cases rise, restrictions are tightened.  Cities and states had lifted masking requirements for months, but the most recent spike induced several localities to re-implement indoor masking guidelines.

In the private sector, many large employers continue to postpone a full-scale return-to-work.  Office workers across the country grew accustomed to the flexible schedule and convenience of working from home, and a tight labor market makes it difficult for employers to implement unpopular policies.  As a result, employees and employers alike continue to face uncertainty at work. Our firm is dedicated to assisting clients navigate these difficult times and helping clients achieve their goals.

With the full FDA approval of COVID-19 vaccines, businesses, states, and municipalities are beginning to implement vaccine mandates for certain employees.  More than a year after the first wave of vaccines, litigation concerning the legality of various mandates continues to wind through the judicial system.  The U.S. Supreme Court struck down an OSHA rule requiring all employers to implement a test-or-vaccinate policy but allowed an HHS rule mandating vaccination among healthcare providers.  Various state courts have blocked some mandates while allowing others, creating a particular headache for employers with workers in multiple states.

In response to the Coronavirus crisis, Federal and state governments passed legislation creating additional, specific safeguards for employees during the pandemic.  New York State has also expanded its Paid Family Leave Law to provide additional protections for those who cannot work because they or a family member is sick. Similarly, California’s Covid-19 Supplemental Paid Sick Leave program and the D.C. Covid-19 Support Emergency Amendment Act provide employees in their respective jurisdictions with additional benefits. 

However, much of the legislation passed in 2020 is either expiring soon or expired already. The Families First Coronavirus Response Act was the major Federal program implemented to help workers cope with the effects of the Coronavirus, but most of its protections expired at the end of 2020.  Businesses face a similar challenge, with most of the federal programs designed to help businesses weather the pandemic – such as the PPP – are out of funds or expired.

If you or a loved one is sick, you have rights: Federal, state, and local laws all provide protections for workers who are unable to work because of illness.  Nationwide, the Family and Medical Leave Act allows qualified employees to take up to 12 weeks of unpaid leave per 12-month period if they or a family member need care for a serious health condition.  State and local laws grant further security; California’s Paid Family Leave Law and New York City’s Earned Safe and Sick Time Act require employers to provide employees with a limited amount of paid leave in the event they are unable to work because of illness.  These laws existed before the current pandemic, but the protections they provide are more essential than ever.

Employees who were furloughed or laid off as well as those who have seen their hours or wages cut face a different set of problems.  Many of our clients want to know what recourse they have, if any, when facing termination, a pay cut, a revoked job offer, or a denied promotion.  These situations often created complex legal questions before the pandemic; now, with employers and employees alike under additional pressures and stresses, navigating a separation or other change in employment status is more nuanced than ever.  Businesses are facing an uncertain future, and employees— particularly managerial and executive employees—are encountering unforeseen and potentially extended periods of unemployment.

We take pride in providing our clients with expert advice—from negotiation strategy to litigation advocacy—in order to facilitate their best possible outcome.  Although Coronavirus variants are still impacting work and employment in America, people still can—and should—ensure that their interests are protected.