Gregg S. Kahn Partner

     

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Publications

  • U.S. Department of Labor Remote Work Guidance: Tracking Compensable Time

    COVID-19 Remote Work Guidance: Tracking Compensable Time

    August 31, 2020

    Recent guidance issued in response to the prevalence of remote working arrangements due to COVID-19 applies to all remote work arrangements. The new guidance reaffirms an employer’s obligation under the Fair Labor Standards Act to track the number of hours of compensable work performed by employees who are working remotely to ensure those employees are compensated for all hours worked.
  • COVID-19 Liability Claims Playbooks – Now Available for Download!

    August 6, 2020

  • OSHA COVID-19 Guidance: Workplace Facemasks Recommended

    OSHA Recommends Use of Facemasks in the Workplace

    July 13, 2020

    While the Occupational Safety and Health Administration has not mandated the wearing of facemasks in the workplace, the practice is highly recommended. There may be state and local legislative developments that could impact the guidance provided by OSHA, including state directives requiring individuals to wear facemasks in public
  • EEOC COVID-19 Guidance: Return-to-Work Antibody Testing Prohibited

    EEOC Guidance Prohibits Return-to-Work Antibody Testing for COVID-19

    June 19, 2020

    Relying on interim guidelines published by the U.S. Centers for Disease Control and Prevention, the EEOC has taken the position that an antibody test constitutes a medical examination under the ADA but does not meet the “job related and consistent with business necessity” standard for permissible medical inquiries. The EEOC reiterated that COVID-19 viral tests are permissible under the ADA.
  • New Q&A Update on EEOC COVID-19 Return to Workplace Guidance

    UPDATED EEOC COVID-19 Return to Workplace Guidance

    June 15, 2020

    The U.S. Equal Employment Opportunity Commission reminds employers to remember that guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the most current information on maintaining workplace safety.

  • CDC COVID-19 Workplace Reopening Guidelines – High-Risk Employees

    CDC COVID-19 Workplace Reopening Guidelines – High-Risk Employees

    May 29, 2020

    Employers are advised to consult the guidance that summarizes the CDC’s initiatives, activities and resources; proposes a general three-phase plan for reopening; and provides specific guidelines for high-risk workers, child care programs, schools and day camps, restaurants and bars, and mass transit administrators.
  • OSHA Workplace COVID-19 Case Recording and Reporting

    OSHA Workplace COVID-19 Case Recording and Reporting

    May 21, 2020

    Beginning on May 26, 2020, employers are required to record cases of COVID-19 under guidance issued by the Occupational Safety and Health Administration. The guidance reiterates that the recording of a COVID-19 case does not in and of itself mean that an employer has violated an OSHA standard.

  • EEOC COVID-19 Guidance: Potential High-Risk Employees – Return to Work and Accommodations

    Return to Work and Accommodations for High-Risk Employees

    May 11, 2020

    Recent updates to the EEOC’s COVID-19-related guidance address the return to work and accommodation of employees who may have underlying conditions that put them at greater risk. State and local legislative developments could impact the guidance provided by the EEOC, so employers should consult legal counsel regarding specific circumstances that may arise in the workplace.