Our dedicated Occupational Safety and Health Administration (OSHA) team advises clients on keeping essential employees safe from COVID-19 through social distancing and other protocols. We also offer employment advice to clients as they navigate an unprecedented economic environment and seek relief through the CARES Act and other government programs.
Stay informed with Nixon Peabody Labor & Employment law alerts, updates, and guidance. Recent coronavirus-related topics include:
We have created a multi-office and cross-practice Coronavirus Response Team to help our clients navigate through this fluid situation. Our team is actively providing guidance on a wide range of COVID-19–related issues, including workplace/facility safety, employment, benefits, contract disputes, health care, and education matters.
Learn more about the Nixon Peabody Coronavirus Response Team.
Journal of Compensation and Benefits | May 09, 2022
This article contributed by Corporate partners Damian Myers in Washington, DC and Yelena Gray in Chicago, and associate Annie Zhang in Washington, DC—all of the Employee Benefits & Executive Compensation team—discusses updated federal requirements for group health plans covering over-the-counter COVID-19 tests purchased by members without an order or clinical assessment from a healthcare provider.
Law360 | February 23, 2022
This article analyzes how the pandemic-driven shift toward remote work has introduced unique complexities to worker separations, and quotes Chicago Labor & Employment counsel Kamau Coar on the importance of employers’ sensitivity when conducting the termination process
Law360 | February 22, 2022
Chicago Labor & Employment counsel Kamau Coar is quoted extensively in this article analyzing how the pandemic-driven shift toward remote work has changed three areas of employment: recruiting/interviewing, coaching/performance improvement plans, and terminations.
The Business Journals | February 11, 2022
San Francisco Labor & Employment partner Rachel Conn is quoted extensively in this article covering how businesses are proceeding since the US Supreme Court blocked the OSHA vaccine mandate, including comments related to communication and customization being key best practices for employers since there is no one-size-fits-all approach.
WROC-TV | January 14, 2022
This TV news segment, focusing on the U.S. Supreme Court’s decision to block the OSHA rule mandating COVID-19 vaccination for large companies, features Rochester Labor & Employment partner Kim Harding for her thoughts on the ruling and how companies are breathing a sigh of relief for no longer having potential OSHA penalties lingering over them.
The Boston Globe | January 13, 2022
Boston partner Jeff Gilbreth is quoted on how Boston’s new proof-of-vaccination mandate creates a different challenge than a mask mandate, where businesses could have masks on hand for patrons as a workaround. Jeff is also quoted on how the requirement presents unique challenges for non-restaurant venues included in the policy, such as gyms, concert venues, or pools.
WHEC-TV | January 13, 2022
Rochester partner Kim Harding is quoted in this broadcast segment regarding how some large companies will be relived in the wake of the SCOTUS decision, as it lifts the administrative burden of collecting tests and vaccination cards. Kim is also quoted on how the decision does not include the reinstatement of employees who were terminated for not getting vaccinated.
Bloomberg | January 13, 2022
San Francisco partner Rachel Conn is quoted on how the new Omicron variant may influence employers’ decisions to implement a mandate to help mitigate interruption of business operations.
Employee Benefit Plan Review | January 01, 2022
In the newest installment of their monthly “Ask the experts” column, Chicago partner Yelena Gray, Washington, DC partner Damian Myers, and Rochester associate Lena Gionnette, all of the Corporate group and Employee Benefits & Executive Compensation team, describe several requirements related to COVID-19 that still apply to group health plans, along with recent changes to the Employee Plans Compliance Resolution System for correcting retirement plan administrative errors.
WHEC-TV | December 27, 2021
This TV news segment on the CDC’s updated guidance, which reduces the isolation time from 10 days to five, features Rochester Labor & amp;Employment partner Kim Harding on how companies can still use their discretion when it comes to the guidance.
The Daily Record | November 05, 2021
The following coverage of OSHA’s federal COVID vaccination and testing guidelines for large private employers includes outlook from Boston partner Jeff Gilbreth and Rochester partner Kim Harding, both of the Labor & Employment group. They discuss what companies need to know and how they can prepare, and—with several states filing related lawsuits—both Jeff and Kim emphasize that employers should still proceed as though the regulations will be implemented.
Bloomberg Radio | November 05, 2021
The following coverage of OSHA’s federal COVID vaccination and testing guidelines for large private employers includes outlook from Boston partner Jeff Gilbreth and Rochester partner Kim Harding, both of the Labor & Employment group. They discuss what companies need to know and how they can prepare, and—with several states filing related lawsuits—both Jeff and Kim emphasize that employers should still proceed as though the regulations will be implemented.
The Boston Globe | November 05, 2021
The following coverage of OSHA’s federal COVID vaccination and testing guidelines for large private employers includes outlook from Boston partner Jeff Gilbreth and Rochester partner Kim Harding, both of the Labor & Employment group. They discuss what companies need to know and how they can prepare, and—with several states filing related lawsuits—both Jeff and Kim emphasize that employers should still proceed as though the regulations will be implemented
WHEC-TV | November 04, 2021
This broadcast segment on OSHA’s emergency temporary standard, which was announced yesterday, features Rochester Labor & Employment partner Kim Harding on what the rule requires of large companies and their employees, whether religious or medical exemptions apply, and the timeline of the rule, among other insights.
Bloomberg | November 04, 2021
In this article discussing OSHA’s federal COVID vaccination and testing guidelines for large private employers, which were announced on Thursday, San Francisco Labor & Employment partner Rachel Conn is quoted on the potential burden and obstacles posed by weekly testing.
Reuters | October 14, 2021
This article on the large-scale efforts of religious and advocacy groups to challenge COVID-19 vaccine mandates quotes Rochester Labor & Employment partner Kim Harding on the recent rapid increase in religious exemption requests, which have historically been rare.
Spectrum News | October 12, 2021
This article, focusing on a federal judge’s ruling upholding the religious exemption to New York State’s vaccine requirement for health care workers, quotes Rochester Labor & Employment partner Kim Harding on what is required of employees to qualify for the exemption and the process for employers to vet these accommodations.
HR Specialist Employment Law | October 01, 2021
This industry newsletter includes the client alert “President Biden orders vaccination mandate for large employers,” co-authored by San Francisco partner Rachel Conn, Rochester partner Kim Harding, and Providence department attorney Shelagh Michaud, all of the Labor & Employment group. The Q&A covers OSHA’s emergency standards, the 100-employee threshold in Biden’s vaccination mandate, and how the rule affects state OSHA plans.
The Wall Street Journal | September 27, 2021
This article, covering the growing trend among hiring managers to favor candidates who indicate on their resumes that they are fully vaccinated, quotes San Francisco Labor & Employment partner Rachel Conn on the potentially discriminatory nature of employers pushing for this information.
The Charlotte Observer | September 16, 2021
This article, which has been syndicated across the country, quotes the client alert “President Biden orders vaccination mandate for large employers” co-authored by San Francisco partner Rachel Conn, Rochester partner Kim Harding, and Providence department attorney Shelagh Michaud, all of the Labor & Employment group. The content covers OSHA emergency standards, the 100-employee threshold in Biden’s vaccination mandate, and how the rule affects state OSHA plans.
The Daily Record | September 15, 2021
This article on President Biden’s recent vaccine mandate for employees of larger companies quotes Rochester Labor & Employment partner Kim Harding on legal questions and nuances employers have regarding the mandate’s implementation and her outlook on OSHA’s upcoming emergency temporary standard.
Spectrum News | September 14, 2021
This broadcast segment, on President Biden’s announcement requiring the COVID-19 vaccine for employees of larger companies, features insight from Rochester Labor & Employment partner Kim Harding, focusing on questions that remain for employers as they navigate the legal landscape and nuances of the mandate, as well as the testing option still available for vaccine-resistant employees. Rochester records clerk Jody Smith also appears in the segment.
Rochester Business Journal | September 10, 2021
Rochester Labor & Employment partner Kim Harding contributed this column which analyzes the legality of mandating COVID-19 vaccines for employees, including the different requirements governing exemption requests, and provides best practices on how employers can mitigate challenges when implementing this policy.
Spectrum News | September 10, 2021
This broadcast segment on President Biden’s announcement requiring the COVID-19 vaccine for employees of larger companies quotes Rochester Labor & Employment partner Kim Harding on employers’ right to impose terms and conditions for employment and the reasoning behind New York State’s vaccine mandate for health care workers.
CBS Radio – KNX | September 09, 2021
San Francisco Labor & Employment partner Rachel Conn joined the radio program to discuss President Biden’s proposal that would require employers with more than 100 employees to mandate vaccines or weekly testing, as well as the question of whether employers can deny sick leave or paid time off for any unvaccinated employees who contract Covid-19 and must miss work as a result.
Rochester Business Journal | September 02, 2021
This article, which covers the growing shift among employers to take more forceful measures when incentivizing workers to get vaccinated, extensively quotes Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, and Labor & Employment partner Stephanie Caffera on the prospect of charging unvaccinated employees to compensate for health care costs, and the rules employers must abide by if they decide to pursue this path.
WHEC-TV | September 01, 2021
This broadcast segment, covering the latest development around NYS’ vaccine requirement for hospitals and healthcare workers, quotes Rochester Labor & Employment partner Kim Harding on the notion of employee “voluntary-ness” and the potential consequences for employees deciding not to get the vaccine.
WHEC-TV | August 16, 2021
This broadcast segment, focusing on Governor Cuomo’s announcement that all New York State health care workers must be vaccinated, quotes Rochester Labor & Employment partner Kim Harding on the way in which the state is rolling it out, by requiring hospitals and nursing homes to require it of their employees.
Law360 | July 27, 2021
This article, covering the U.S. Centers for Disease Control and Prevention’s updated mask guidance following a surge in COVID-19 cases, quotes Boston Labor & Employment partner Jeff Gilbreth on the numerous factors employers will need to navigate as they consider their return-to-work plans.
Protocol | July 23, 2021
This article, on how some tech companies are reevaluating return to office plans in light of Covid-19 Delta variant concerns, quotes San Francisco Labor & Employment partner Rachel Conn on possible facial covering mandates and considerations about the Delta variant that employers should take into account.
Democrat & Chronicle | July 14, 2021
This article on the pandemic’s disruption of the conventional workweek quotes Rochester Labor & Employment partner Stephanie Caffera for her thoughts on worker productivity, which continued while working from home, and how it’s opening up the conversation around restructuring the workplace.
Rochester Business Journal | June 11, 2021
Rochester Labor & Employment partner Stephanie Caffera and associate Conor Tallet contributed this article analyzing New York’s first of its kind law, the Health and Essential Rights Act, and the new burdens on employers to protect employees from COVID-19 and other airborne infectious diseases in the workplace.
CBS/KNX News Radio | June 09, 2021
San Francisco Labor & Employment partner Rachel Conn discussed an upcoming Cal/OSHA emergency standard board meeting to review its recently updated COVID-19 guidelines on facial coverings, following the urging made by the California Department of Public Health to reconsider the board’s earlier guidelines to better align with CDC recommendations.
Bloomberg Radio | June 07, 2021
Boston Labor & Employment partner Jeff Gilbreth joined the radio program to discuss recent workplace vaccine guidance from the Equal Employment Opportunity Commission (EEOC), including employers’ concerns, industries where some organizations have mandated vaccinations, and what could constitute “coercive” incentives from employers, among other related topics.
CBS/KNX News Radio | June 01, 2021
San Francisco Labor & Employment partner Rachel Conn discussed Cal/OSHA’ s proposed updated COVID-19 guidelines and other top-of-mind issues for California-based employers and employees, including whether employers can ask for workers’ vaccination status, Cal/OSHA’ s requirement for vaccination documentation, and whether employers can require employees to be vaccinated.
Bloomberg Law | May 20, 2021
San Francisco Labor & Employment partner Rachel Conn is quoted in this article on how the CDC’s updated guidance that the risk of COVID infection is minimal for people who are fully vaccinated likely weakens OSHA’s argument that there is a “grave danger” to employees.
The Boston Globe | May 18, 2021
This article covering a range of questions employees will face as they begin returning to offices quotes Boston Labor & Employment partner Jeff Gilbreth on whether employers can make union workers get vaccinated or wear a mask, and the likelihood that many workplaces will adopt a “bifurcated” vaccine and mask policy for vaccinated and unvaccinated employees.
Rochester Business Journal | May 18, 2021
In this article on New York State’s revised mask guidance in accordance with federal recommendations, Rochester Labor & Employment partner Kim Harding is quoted on enforcement challenges for businesses and the uptick in client inquiries regarding the guidance, mandatory vaccination policies, and job postings.
Law360 | May 14, 2021
The following media clip features Boston Labor & Employment partner Jeff Gilbreth discussing the new CDC guidance for vaccinated people and how it could impact employers, including the dilemma of having two sets of rules for vaccinated and unvaccinated workers versus maintaining a single set of rules with mask mandates.
Bloomberg Radio | May 14, 2021
The following media clip features Boston Labor & Employment partner Jeff Gilbreth discussing the new CDC guidance for vaccinated people and how it could impact employers, including the dilemma of having two sets of rules for vaccinated and unvaccinated workers versus maintaining a single set of rules with mask mandates.
The Boston Globe | May 13, 2021
This article covering the CDC’s new mask guidance for fully vaccinated people quotes Boston Labor & Employment partner Jeff Gilbreth on implications for employers and the workplace, including how it could get problematic if employers ask for evidence of vaccination.
Spectrum News | May 06, 2021
In this broadcast story on New York State’s new guidance on capacity seating for venues, Rochester Labor & Employment partner Kim Harding is quoted on whether businesses can ask their customers of their vaccination status.
Newsday | March 25, 2021
Long Island Labor & Employment counsel David Tauster is quoted in this story on business reopening in the region for his outlook on accommodation considerations and preparation time for employers.
Law360 | March 16, 2021
This article on the risks employers face as business travel returns quotes Labor & Employment deputy practice group leader and OSHA practice chair Ben Kim, of Los Angeles, and San Francisco Labor & Employment partner Rachel Conn on the realities of a shifting office environment.
Law360 | March 10, 2021
Labor & Employment deputy practice group leader and OSHA practice chair Ben Kim, of Los Angeles, and San Francisco Labor & Employment partner Rachel Conn provide commentary in this article analyzing the CDC’s new post-vaccination guidance, discussing implications for employers.
WXXI-AM (NPR affiliate) | March 08, 2021
In this radio segment discussing a remote workforce in a post-pandemic world, Rochester Labor & Employment partner Kim Harding is quoted on tax and withholding rules, among other employment laws, that employers should be aware of as employees may want to work in other states.
WHEC-TV | March 08, 2021
In this television news segment on the CDC’s new guidelines announced on Monday, Rochester Labor & Employment partner Kim Harding is quoted on employer incentive programs to increase the population of vaccinated employees, as businesses work toward a return to normal.
New England Cable News | March 08, 2021
In this television news segment on the CDC’s new COVID-19 guidelines for vaccinated people, Boston Labor & Employment partner Jeff Gilbreth discussed how businesses can continue enforcing additional guidance they have in place, such as mask mandates.
Rochester Business Journal | March 05, 2021
Rochester Labor & Employment partner Stephanie Caffera is quoted in this article, as part of the publication’s “Litigation“ special report, for her outlook on the relationship between employment litigation and an economic downturn, areas that could pose challenges for employers, and possible federal OSHA guidance specifically for COVID-19.
WHEC-TV | March 02, 2021
In this broadcast segment on the loosening of some of New York State’s COVID-19 travel guidelines, Rochester Labor & Employment partner Kim Harding is quoted for her thoughts on state and federal guidelines that employers must follow to protect their workforce.
Providence Business News | January 22, 2021
This article covering Rhode Island’s push to double the number of daily COVID-19 tests in the state quotes Providence office managing partner Andrew Prescott, of the Labor & Employment group, on a R.I. statute that could potentially restrict employers from requiring tests as a condition of employment.
Rochester Business Journal | January 20, 2021
Rochester Labor & Employment partner Kim Harding contributed this article for her outlook on the Families First Coronavirus Response Act and what’s top-of-mind for employers in the year ahead.
Bloomberg Radio | December 16, 2020
Boston Labor & Employment partner Jeff Gilbreth joined Thursday’s “Baystate Business“ radio program to discuss whether employers can and should mandate that employees get a COVID-19 vaccine in order to return to the office.
Spectrum News | December 09, 2020
In this television news segment on a bill introduced in the New York State Assembly to make the COVID-19 vaccine mandatory, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on the bill’s enforcement mechanism.
Bloomberg Law | December 08, 2020
In this article covering former OSHA head David Michaels being named to President-elect Joe Biden’s transition team Covid-19 task force, San Francisco Labor & Employment associate Rachel Conn is quoted on employers’ trepidation over possible new regulation.
American Health Law Association | November 05, 2020
In this podcast episode, Washington, D.C. Health Care counsel Sarah Swank speaks with two health care general counsel about how their hospitals are managing the pandemic response, including how they are dealing with patient load and planning for the future, and supply and workforce issues.
WHEC NBC-10 | November 02, 2020
In this broadcast segment on New York State’s new coronavirus regulations regarding interstate travel, which replaces the 14-day quarantine for travelers, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on how the new regulations are more manageable for businesses.
Rochester Business Journal | September 25, 2020
Employee Benefits & Executive Compensation team leader and Rochester Corporate partner Eric Paley is quoted in this article on how some companies are freezing contributions to their employees’ 401(k) contributions amid the COVID-19 pandemic.
Law360 | September 24, 2020
This article on notable pandemic-related wage and hour issues quotes San Francisco Labor & Employment associate Jade Butman on whether employers would be on the hook for the time that workers spend adhering to building safety protocols.
Law360 | September 09, 2020
Labor & Employment deputy group leader and Chicago partner Brian Alcala contributed this article on the National Labor Relations Board’s recent guidance on COVID-19-related labor law violations against employers in these uncertain times.
Marijuana Venture | August 10, 2020
San Francisco partner Alison Torbitt, who co-leads NP’s Food, Beverage & Agribusiness team, and San Francisco Labor & Employment associate Hilary Baca co-wrote this contributed article on how cannabis retailers can revamp their stores and policies to stay in compliance with state and local laws, while helping to prevent the spread of communicable illnesses to customers and employees.
Daily Record | July 31, 2020
In this article on the proposed legislation to provide businesses with immunity from COVID-19 liability lawsuits, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on the legislation and the importance of businesses to continually abide by state and federal laws.
Inside OSHA | July 28, 2020
This article, discussing employer objections to the differences between Cal/OSHA and the federal OSHA requirements to record and report COVID-19 cases, quotes an NP alert providing guidance for California employers on the differences. The alert was authored by Occupational Safety & Health (OSHA) practice co-chair and Los Angeles Labor & Employment partner Ben Kim and San Francisco Labor & Employment associate Maritza Martin.
WHEC-TV News 10NBC | July 22, 2020
Rochester Labor & Employment partner Kim Harding was featured in this broadcast segment on what obligations employers have to work with their employees as schools start again in September.
Cannabis Business Executive | June 17, 2020
This article, on the reopening of Colorado’s marijuana hospitality industry, cites a recent NP alert that details guidelines for cannabis retailers to consider for revamping operations without spreading communicable illnesses. Cannabis Business Executive also re-published the complete NP alert, written by San Francisco Affordable Housing & Real Estate partner Alison Torbitt; Los Angeles Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan; and San Francisco Labor & Employment associates Hillary Baca and Rachel Conn.
Daily Journal | June 03, 2020
Labor and Employment partner Bonnie Glatzer and associates Hillary Baca and Jade Butman, all in San Francisco, contributed this article on potential coronavirus-related litigation matters that California employers should be aware of, and how employers can prepare for possible lawsuits.
Modern Restaurant Management | April 29, 2020
Franchising & Distribution co-leader Keri McWilliams in Washington, DC, and Corporate associate Wes Gangi in Chicago contributed this article. Based on a recent client alert, the article covers relief programs available to the restaurants industry, food retailers, and franchisees under the CARES Act and the Paycheck Protection Program.
The Boston Globe | April 29, 2020
This article, which looks at the potential flood of litigation as the economy reopens, quotes Boston co-office managing partner and Complex Commercial Disputes partner Kathleen Ceglarski Burns on the possibility of shareholder lawsuits at publicly-traded companies, even if companies have listed the coronavirus as a risk factor in their annual reports.
Bloomberg Law | March 26, 2020
San Francisco Labor and Employment associate Rachel Conn discusses some of the methods employers are using to keep essential employees safe during the coronavirus outbreak—from staggered shifts to reconfigured work spaces.
Partner
Practice Group Leader, Labor & Employment
Phone: 516-832-7613
Partner
Deputy Practice Group Leader, Labor & Employment
Chair, Occupational Safety & Health (OSHA)
Phone: 213-629-6090
