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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: 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.

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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: What issues should my business begin to address so that when COVID-19 vaccines are ready for distribution, we will be ready?

A: On a nearly daily basis, Americans hear promising news about vaccine developments that will help protect us from COVID-19. As the reality of a safe, effective, and accessible vaccine draws closer, industries and businesses across the country have started developing their own COVID-19 vaccine strategies. These entities have quickly discovered that any vaccine policy implemented will raise complicated questions not previously faced. While historic annual influenza vaccine strategies are informative, COVID-19 vaccine issues bring new challenges because of the sheer magnitude of the pandemic and the unique issues surrounding the pace of development and distribution. Businesses should proactively address these issues now so when the COVID-19 vaccines are ready for distribution, they will be too.

Continue Reading When the COVID-19 Vaccine Arrives, Will Your Business Be Ready?

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