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Consistently sought out to handle urgent commercial matters and workplace disputes throughout the country that require coordinated strategies for protecting business concerns while safeguarding enterprise interests and public relations, Richard Gerakitis uses considerable skill to provide devoted advocacy, advice and access.

Q. How will the federal court decision impact business policies and practices that address FFCRA leave?

A. On August 3, 2020, the U.S. District Court for the Southern District of New York struck down four parts of the regulations issued by the U.S. Department of Labor (DOL) implementing the Families First Coronavirus Response Act (FFCRA). As a result of the decision:
Continue Reading Federal Court Decision Changes How Employers Must Implement Families First Coronavirus Response Act

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

The Occupational Safety & Health Administration (“OSHA”) recently released an advisory addressing employer and employee obligations “in the event of possible worker exposure to the Ebola virus.” Employers who believe that there is possible worker exposure to Ebola virus must implement various OSHA standards as part of a comprehensive worker protection program. The question many employers now face is: when does our workforce meet the threshold of “possible worker exposure” that would trigger implementation of these standards?
Continue Reading Ebola Alert: OSHA Releases Guidance on Employer and Employee Obligations

If you have a union in your workplace, or if unions have tried to organize workers in your workplace, you know that unions need ways to communicate with your employees.  Before the current digital age, unions relied primarily on communicating through informational picketing and leafleting, posters and mailings, and individual and group meeting to encourage unionization or to communicate with members and represented employees.  Today, with the modern workplace and internet-connected workers, communications can be conducted far more quickly, efficiently, cheaply and often more effectively through electronic means, such as email.  But historically, unions have not been permitted access to company email systems.  The current rule is that “employees have no statutory right to use the[ir] Employer’s e-mail system” for non-work-related purposes. If unions and the current Presidential administration get their way, that all might change.
Continue Reading Labor Unions Want Your Email System Too!

Yesterday, President Obama signed an executive order and issued a presidential memorandum pressing his equal pay agenda.  The executive order establishes that workers cannot be prevented from discussing their pay with other employees or applicants.  Its declared target is to support efforts to eradicate gender-based pay disparities.  Its aim though is probably more akin to using a hand-held mirror to shoot over your shoulder at the target.
Continue Reading President Employs More Executive Measures to Press Equal Pay Agenda

On November 19, 2013, a trade association representing construction-related firms, Associated Builders and Contractors, Inc., filed a complaint in the United States District Court for the District of Columbia, seeking to block a final rule from the Office of Federal Contract Compliance Programs (OFCCP) that would require federal contractors to establish a seven-percent goal for the employment of workers with disabilities. 
Continue Reading Suit Filed to Block OFCCP Rule on Goal for Hiring Disabled Workers

The DOL recently announced that it is sponsoring a contest to develop a smartphone app that would allow customers to determine whether a certain business is compliant with federal labor laws.

OSHA, EEOC and other DOL-managed agencies often insist on a condition that resolutions of matters include a public notice on that agency’s website that denotes the agency’s prowess in securing a penalty or fine.  If the DOL insists on such a condition as a means to provide data for this smartphone application, employers should consider the impact of this future recurring data affecting its scorecard on the app with its customers, clients or vendors.
Continue Reading Is your business compliant with Federal Labor Laws? DOL may soon have an app for that