Archives: Coronavirus

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New York City and State Paid Leave Laws Mean Changes for Manufacturers

  Effective September 30, the New York State Paid Sick Leave Law (NYSPSL Law) and amendments to the New York City Paid Safe and Sick Leave Law (NYCPSL Law) became effective requiring implementation of new leave accrual, record-keeping and reporting obligations.  Manufacturers with operations in New York State or New York City may need to … Continue Reading

OFAC Issues Advisory on Sanctions for Facilitating Ransomware Payments

On October 1, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an advisory “to highlight the sanctions risks associated with ransomware payments related to malicious cyber-enabled activities.” The advisory acknowledges that the incidents of ransomware attacks on U.S. companies have risen during the COVID-19 pandemic. Although the advisory does … Continue Reading

DOL Revises Families First Regulations

On Friday, September 11, the U.S. DOL issued revised regulations under the Families First Coronavirus Response Act (“FFCRA”).  Responding to a Federal Court’s August 4 decision invalidating four provisions in the prior regulations (see Post here), the Revised Regulations become effective September 16 and will sunset on December 31, 2020. Adopted with lightning speed in … Continue Reading

Significant Increase in OSHA Whistleblower Complaints and Caseloads Due to COVID-19

Thank you to my colleague, Jonathan Schaefer, for his contributions to this post. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs. Since at least March, manufacturers, and the entire U.S. economy, have been experiencing unprecedented conditions as a result of the … Continue Reading

Federal Court Expands Paid Leave Rights for Manufacturing Employees

A United States federal judge in Manhattan struck down four regulations issued by the United States Department of Labor (“DOL”) limiting paid leave entitlements under the Families First Coronavirus Response Act.  In his August 3, 2020 decision, Judge J. Paul Oetken found the DOL exceeded its authority (a) by determining that employees were not entitled … Continue Reading

Testing Issues Twist Manufacturers

The Novel Coronavirus, the speed by which science continues to discover new aspects of the disease and the response of the United States government to these developments has tested manufacturers.  One aspect of this testing concerns, well, testing. The Americans with Disabilities Act has long banned manufacturers from requiring medical evaluations unless both “job-related” and … Continue Reading

Manufacturing:  Back to Business (Part Two)

This is the second of two posts dedicated to reopening plans for manufacturers.  In the first post on May 26, I addressed the first two questions which every manufacturer may wish to ask as it forms its reopening plans.  Manufacturing;  Back to Business (Part One) (May 26, 2020).  Here, I address the next four questions. … Continue Reading

Manufacturing:  Back to Business (Part One)

The disruption created by the COVID-19 pandemic stressed the entire manufacturing sector.  For the most part, manufacturers responded to those challenges quickly and responsibly.  Now that every state has begun reopening, the manufacturing sector will once again be called on to lead.  Manufacturers which respond well to those challenges will thrive in the months ahead. … Continue Reading

How Will COVID-19 Impact M&A?

I wanted to share this recent Coronavirus Response Team legal update on M&A authored by Frank W. Eucalitto, Eric M. Kogan, and Leslie J. Levinson from our Business Transactions Group, which includes a short summary of some key areas that buyers and sellers may want to consider addressing.  It is readily apparent that the COVID-19 … Continue Reading

When Manufacturers Say, “Welcome Back”

While a recent headline-grabbing Forbes article may have caused some concern (“Researchers Say Social Distancing To Prevent Coronavirus May Need To Continue Until 2022”), many manufacturers are now planning to return to “Business as (the New) Normal.”  During the last two months, I have been fielding calls from essential manufacturers on how to conduct business … Continue Reading

Additional OSHA Guidance on COVID-19

OSHA previously issued guidance on preparing workplaces for COVID-19, which we covered on the blog a few weeks ago. The agency has been busy issuing additional materials to guide employers through these uncharted waters. A few recent developments are summarized below: Recordkeeping and Reporting Requirements OSHA has confirmed that COVID-19 can be a recordable work-related … Continue Reading

Force Majeure both for Contracts/Suppliers, Cancellation of Trade Shows

Fellow Manufacturing Industry Team member, Taylor Shea and I had the pleasure of presenting the first program in the “Coronavirus Special Topic Conference Calls Series” offered by the U.S. Department of Commerce and the Connecticut District Export Council on March 18, 2020. The session was on “Force Majeure both for Contracts/Suppliers, Cancellation of Trade Shows” … Continue Reading

Employment Issues Related to Teleworking

I recently presented a program on “Employment Issues Related to Teleworking” as part of the free Coronavirus Special Topic Conference Call Series hosted by the U.S. Department of Commerce in partnership with the Connecticut District Export Council. Below are some key takeaways from the program that affect many manufacturers. . While not normal, the social … Continue Reading

OSHA Issues COVID-19 Guidance for Workplaces

Last week, the Occupational Safety and Health Administration (OSHA) issued guidance on preparing workplaces for COVID-19. The guidance provides recommendations to help employers plan for the impact of COVID-19 on their businesses, workers, customers, and the public. While a number of states have implemented orders affecting certain workplaces, this guidance remains important for all employers to … Continue Reading

Unfolding Coronavirus Conditions Present Unprecedented Challenges For Manufacturers

The patchwork of federal, state and local laws addressing leaves of absence, protections of people with disabilities and a manufacturer’s general obligation to provide a safe workplace come head-to-head with public reports of an evolving situation.  Right now, the CDC admits that “[m]uch is unknown about how the virus that causes COVID-19 spreads.”  Manufacturers should … Continue Reading
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