The EEOC today updated its online guidance regarding COVID-19 and the Americans with Disabilities Act (the ADA), stating that employers may now test their employees for the presence of the COVID-19 virus before entering the workplace. The EEOC had previously stated that employers could monitor their employees’ body temperatures consistent with the ADA’s direct threat
Labor & Employment
New CDC Guidance for Employers When Employees Are Potentially Exposed to COVID-19
On April 8, 2020, the Centers for Disease Control and Prevention (CDC) issued Interim Guidance for implementing safety practices for critical infrastructure workers who may have been exposed to COVID-19.
The CDC advises that these workers (which include both employees and contractors) may be permitted to continue work following potential exposure provided that they remain…
Three Big Legal Issues Retailers Face from the Coronavirus
With the current health emergency retailers face unprecedented issues. Closing stores, limiting hours, changing order patterns, remote work — all of these issues have joined basic survival as retailers contend with sudden and unpredictable challenges during the coronavirus pandemic. And while retailers are most likely not liable for any legal exposure, there are legal and…
Planning for Temporary Workplace Closures and Related Actions
On March 15, New York City Mayor Bill De Blasio announced his intention to sign an executive order requiring restaurants and bars to limit services to take out and delivery orders. Similar operational limits are also in place in other jurisdictions around the country, with several more sure to come. Retailers such as Apple, Nike,…
Considerations for Global Employers During the COVID-19 Pandemic

The World Health Organization, on March 11, 2020, officially declared the spread of COVID-19 a pandemic. By now, most multinational companies have already been grappling with the effects of the coronavirus and are considering the steps they should be taking…
OSHA Issues Guidance to Employers on Preventing Worker Exposure to Coronavirus (COVID-19)
On March 10, 2020, the Occupational Safety and Health Administration (OSHA) issued Guidance for employers to prevent occupational exposures to the coronavirus. In doing so, OSHA reminds employers that while no specific standard governs occupational exposure to the coronavirus, the Occupational Safety and Health Act’s General Duty Clause, 29 U.S.C. § 654 (a)(1), requires employers…
Doing Business in China: Coronavirus – Issues for Retail Employers
As concern about coronavirus – the upper-respiratory infection that was first diagnosed in humans in Wuhan, China in late 2019, and has spread to the United States in recent days – grows worldwide, employers face a series of questions regarding the impact the virus will have on the workplace.
What Must Employers Do to Maintain…
Retailers Take Note – DOL Releases its “Joint Employer” Final Rule
The Department of Labor (DOL) has released its much-anticipated final rule on the often-litigated “joint employer” issue under the Fair Labor Standards Act and its statutory requirements relating to minimum wage and overtime obligations. This final rule represents the first significant revisions to DOL’s regulations on this subject in more than 50 years. As expected,…
The Next Wave of ADA Litigation – Must Retailers Offer Gift Cards in Braille?
In the last three weeks more than 90 retailers and restaurants have been sued in federal courts in New York because they do not offer Braille-embossed gift cards. Many of these complaints are substantively identical, alleging violations of Title III of the Americans with Disabilities Act (ADA). The complaints allege that the defendant’s…
Connecticut Enacts a Paid Family Leave Law With the Highest Wage-Replacement Rate in the Nation
Connecticut Governor Ned Lamont signed into law on June 25, 2019 “An Act Concerning Paid Family and Medical Leave” (Act), that provides paid time off to new parents and caregivers, positioning Connecticut as the seventh state in the U.S. to provide paid family leave. Neighboring states, New York and New Jersey, already offer similar benefits.…