Archive
New Massachusetts Law Provides COVID-Related Emergency Paid Leave To Employees
By: Matthew Mitchell & Amanda Thibodeau
Massachusetts Governor Charlie Baker signed into law the Massachusetts COVID-19 Emergency Leave Act (the “Act”) on May 28, 2021.
Under the COVID-19 Emergency Leave Act:
- Massachusetts employers are required to provide COVID-19 Emergency Paid Leave benefits (up to $850) to employees who are unable to work for certain specified reasons related to COVID-19.
- A $75 Million fund (the “Trust Fund”) is created to reimburse employers for financial costs related to compliance with the Act.
All Massachusetts employers, regardless of size, are subject to the Act, and all Massachusetts employees, regardless of full-time or part-time status, are eligible to receive paid leave benefits under the Act.
Employer obligations under the Act commence on June 7, 2021, and remain in effect through September 30, 2021, or until the Trust Fund is exhausted. The Massachusetts Executive Office of Labor and Workforce Development is expected to publish clarifying regulations in coming weeks.
The key aspects of the Act are summarized in our COVID-19 Alert.
Federal EEOC Issues New Workplace Guidelines Related to Employee Vaccinations and Employee Safety
By: Matthew Mitchell & Amanda Thibodeau
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) published two guidelines intended to assist employers and employees transition to “post-COVID” work environments:
- The Technical Assistance provides instruction that applies the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”) to employer policies that either mandate or incentivize employee vaccinations.
- An Employee Resource provides a basic overview of federal anti-discrimination laws that apply to employees in need of leave or job modification due to COVID-19 illness.
The EEOC’s new COVID-19 guidelines highlight complexities that are attendant to the management of worksites and employees, that employers are now facing. An overview of these new guidelines can be found in our COVID-19 Alert.
Massachusetts Employers Prepare to Re-Open Their Workplaces
By: Matthew Mitchell & Amanda Thibodeau
On May 17, 2021, Massachusetts Governor Charlie Baker announced that the Commonwealth’s COVID-19 Phased Economic Re-Opening Plan will terminate on May 29, 2021. The City of Boston, and most municipalities around the Commonwealth, have indicated their intent to align with the Governor’s announcement, and have taken steps to rescind the various municipal COVID-19 regulations and restrictions. As such, for Massachusetts employers, this means, effective May 29, 2021:
- Almost all worksites are permitted to re-open without limitations.
- Employee facial covering mandates are rescinded.
The Governor’s announcement emphasizes that employers must continue to adhere to practices that are consistent with their fundamental obligation to provide a safe work environment for their employees.
A detailed summary of Governor Baker’s announcement can be found in our COVID-19 Alert.
COVID-19 Alert: The American Rescue Plan Act Of 2021: What Employers Need to Know
By: Joe Hunt, Matthew Mitchell, & Amanda Thibodeau
On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”). ARPA provides $1.9 trillion in stimulus, and establishes new, significant employee rights and employer obligations, to address the economic fall-out of the COVID-19 pandemic.
The key ARPA provisions that affect employers include the following:
- Consolidated Omnibus Budget Reconciliation Act
- Families First Coronavirus Response Act Leave
- Short-Time Compensation Programs
- Employee Retention Credits
Read more in our latest COVID-19 Alert.
EEOC Issues New Employer Guidance on COVID-19 Vaccines – Private Employers Poised To Play Front Line Role in Government’s Mass Vaccination Effort
By: Matthew Mitchell & Amanda Thibodeau
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance to employers related to mandatory COVID-19 vaccination programs for employees (the “Guidance”). In broad terms, the Guidance instructs that, subject to certain limits:
- Federal law does not prohibit mandatory employee COVID-19 vaccination programs; and
- Under certain circumstances, employers may bar employees who refuse COVID-19 vaccinations from the workplace.
A summary of what employers need to know about the “Guidance” can be found in our COVID-19 Alert.
The Complex Web of Employment Law Regulations Expands: The Latest COVID-19 Considerations for Massachusetts Employers
By: Matthew Mitchell & Amanda Thibodeau
In response to the COVID-19 outbreak, government regulators have created a web of legal requirements intended to promote employee safety and economic stability. The count, scope, issuance rate, and complexity of these new rules are unprecedented.
Compliance with this ever-expanding, and sometimes inconsistent, landscape of COVID-19 regulations is a clear and present challenge for employers.
We’ve prepared a summary of the most recent COVID-19 regulations that apply to Massachusetts employers, as of July 2020. It is critical that Massachusetts employers identify, understand, and comply with these standards.
Learn more in our COVID-19 Alert.
Massachusetts Employment Law Blog 