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Emily Schifter

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Emily is a partner in the Labor + Employment Practice Group, where she represents clients in a variety of labor and employment-related matters, including employment discrimination, leave, disability accommodation, and wage and hour litigation. Additionally, she counsels employers on many aspects of employment law and human resources issues, including employee handbooks, policies and restrictive covenants drafted under various states’ laws for a variety of circumstances, including as part of mergers and acquisitions.

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Q: What do employers need to know about the Biden administration’s new vaccine mandate?

A: Following the Biden administration’s September 9 announcement, employers are brimming with questions about the forthcoming White House COVID-19 vaccination mandate plan. Must all employers mandate the vaccine? Which employees are covered? When will the requirements take effect? What steps should employers take now to prepare? These and many other questions are yet to have complete answers. With the new rules expected to impact as many as 100 million workers (and with them, a significant number of businesses), employers should begin to prepare as soon as possible. Here’s what we know and what employers need to consider.Continue Reading Biden Administration Announces Vaccination Mandate Rules

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Thursday, July 15 • 2:00 – 3:30 p.m. ET

Please join members of the Troutman Pepper Labor and Employment and Employee Benefits and Executive Compensation Teams, along with guest Steve Kapper, Associate Client Partner at Korn Ferry, as they discuss the “new” workplace and how to prepare for the next pandemic/economic recession.

Our…

Q: Are there any state laws employers should think about when implementing COVID-19 vaccine policies?

A: Yes, multiple states have passed or are considering laws related to COVID-19 vaccine policies.

Savvy employers tracking the latest guidance likely know the many sources of federal guidance pertaining to COVID-19 vaccines in the workplace. For instance, the Centers for Disease Control and Prevention (CDC) made headlines with its May 13 guidance loosening face mask and distancing restrictions for fully vaccinated individuals, as did the Equal Employment Opportunity Commission (EEOC) with its updated COVID-19 vaccine Q&As. Just recently, the Occupational Safety and Health Administration (OSHA) announced an emergency temporary standard for health care employers and updated guidance for employers in other sectors. As if that wasn’t enough, multiple states also have passed laws impacting employers looking to implement a COVID-19 vaccination program.
Continue Reading Move Over, CDC: State Laws May Impact Employers’ COVID-19 Vaccine Plans

Q: What Does the $1.9 Trillion American Rescue Plan Mean for Employers?

A: On March 11, nearly a year after the enactment of the Families First Coronavirus Response Act (FFCRA) and CARES Act, and three months after the enactment of the Consolidated Appropriations Act of 2021, President Biden signed a sweeping $1.9 trillion stimulus package called the American Rescue Plan. The headline-grabbing elements of the American Rescue Plan include $1,400 direct payments to individuals earning below a certain income threshold, $160 billion for COVID-19 vaccine and testing programs, and $360 billion for aid to state, local, and territorial governments. Critical to employers, the American Rescue Plan once again extends federal unemployment insurance benefits and modifies employee entitlement to COVID-19-related leave under the FFCRA.Continue Reading The $1.9 Trillion American Rescue Plan

Q: Are employers immune from liability for issues related to COVID-19?

A: As the pandemic continues and COVID-19 vaccines slowly but surely begin to reach more widespread distribution across the country, many employers continue to worry about potential liability in their workplaces for claims involving COVID-19 infections, along with a host of other claims related to employment.Continue Reading More States Consider COVID-19 Immunity Laws as Employment Lawsuit Filings Trend Upward

Q: What do I need to know about conducting workplace diversity and racial sensitivity training in light of Executive Order 13950?

Conscientious employers understand the importance of offering training to their workforces on diversity, equal employment opportunity, and unlawful discrimination and harassment prevention. Many employers are reviewing and refreshing their training programs considering recent social justice activities and the Black Lives Matter movement, and still more have issued related public statements regarding diversity, equity, and inclusion. But some of these employers (federal contractors) were thrown for a loop when President Trump issued Executive Order 13950 on September 22, titled “Combating Race and Sex Stereotyping.”

The executive order, which seeks to “combat offensive and anti-American race and sex stereotyping and scapegoating” and end so-called “divisive concepts” promulgated in workplace employee trainings, prohibits certain covered government contractors from conducting diversity and inclusion trainings that cover topics suggesting people of a certain race or gender are “inherently racist, sexist, or oppressive, whether consciously or unconsciously.”

The order applies to all contractors and subcontractors covered by Executive Order 11246 and over whom Office of Federal Contract Compliance Programs (OFCCP) has jurisdiction. It does not define or limit the term “contractor.” Thus, it appears that the new training requirements apply to all employees of a covered contractor, not only those in the division that transacts business with the federal government.

Many questions remain about the executive order’s implications, including whether it will survive legal challenges or the upcoming presidential election.  For the time being, however, Executive Order 13950 is in effect, and the OFCCP has confirmed that its requirements for federal contractors and subcontractors will apply to contracts entered into on or after November 21, 2020.
Continue Reading Diversity, Equity, and Racial Sensitivity Training After Executive Order 13950

Q. Have there been any changes to the CDC Guidance on testing?

A. Until late July, the CDC offered a test-based or symptom-based strategy to govern the timing of “discontinuing isolation” for a person known or suspected to be infected with COVID-19. In an abrupt change in guidance, the CDC announced a test-based strategy is no longer recommended to determine when to discontinue home isolation, except in certain circumstances. The CDC now recommends following only a modified symptom-based strategy, which means:
Continue Reading COVID-19 Testing No Longer Generally Recommended for Discontinuing Isolation, CDC Says

Since we first covered it a few weeks ago, the outbreak of coronavirus (COVID-19) has had an unprecedented impact and is no longer simply making headlines. It has now begun interrupting the flow of business – impacting financial markets, disrupting travel plans, and forcing the cancellation of meetings and events. (To the great disappointment of…