Publications
Federal and New York City Workplace Vaccination and Testing Mandates: A Primer
2022 Insights
Two federal vaccination mandates are enjoined pending appeals, but the Supreme Court allowed a third, covering health care workers, to go into effect. Meanwhile, New York City has imposed strict vaccination requirements on its businesses.
Status of Recent Federal and NYC Workplace Vaccination and Testing Mandates
January 3, 2022
The Supreme Court is set to hear challenges to two of the federal government’s COVID-19 vaccine mandates for private sector employees on January 7, 2022, while NYC’s private sector mandate is now in effect, the first of its kind by a municipality in the U.S.
Return-to-Office Update and Considerations for Employers
Insights – September 2021
We highlight key labor considerations and changes, from updated federal guidance to developing legal standards, in light of the recent surge of COVID-19 cases, which has caused states and municipalities to renew restrictions, while employers expand vaccine mandates and reconsider return-to-office plans.
Key Labor Considerations for Return-to-Office Plans
Insights – June 2021
U.S. vaccination rates rise and states and municipalities lift restrictions, employers must consider a wide range of issues before employees return to work, including vaccine policies, testing considerations, and customer and client interactions.
Four Questions on Directors’ Minds as the World Returns to Work
The Informed Board –June 16, 2021
Companies generally will be allowed to require employees to return to the office or other facility and to mandate vaccinations and/or testing. But they will need to observe state and federal laws, apply their rules evenhandedly and be alert to permitted exceptions.
Considerations for Employers Requiring Staff To Get a COVID-19 Vaccine
UK Employment Flash - February 2021
As the focus shifts to a post-pandemic reality with the rollout of COVID-19 vaccines, we consider how UK employers should approach the requirement that their staff be vaccinated.
Further Institutional Investor Guidance for UK-Listed Companies on Impact of COVID-19 for Executive Compensation
UK Employment Flash - February 2021
Pay levels, reward structures and the widening gap between workforce and management pay have come under ever greater scrutiny in the UK. We have summarized the 2020 guidance given by The Investment Association, and recently by proxy advisory firms Glass Lewis and Institutional Shareholder Services, on approaches to compensation in the context of the COVID-19 pandemic.
COVID-19 Testing and Vaccination of Employees in France
January 18, 2021
On December 20, 2020, the French government published a circular detailing clear rules for COVID-19 testing in France, and, under specific conditions, employers can now lawfully test their employees. The rules feature a voluntary system, highlight doctor-patient confidentiality, and further direct employers regarding how to meet their legal obligations to guarantee the health and safety of employees and implement necessary measures to limit the spread of the virus.
The New Normal: ESG Drivers and the COVID-19 Catalyst
November 12, 2020
In this article co-authored by Skadden attorneys and FTI Consulting, we review the approach companies have taken in relation to environmental, social and governance (ESG) issues during the COVID-19 pandemic. Many companies have continued to intensify their ESG efforts and communications with stakeholders in this important area during the ongoing crisis, and, in fact, in many instances this has accelerated preexisting trends towards greater transparency while underscoring the role of business in confronting wider societal issues.
Considerations for Continuing To Work From Home During COVID-19
September 10, 2020
As it becomes clear that working from home was not just for the initial period of lockdown but is likely to continue for at least the duration of the COVID-19 pandemic, UK employers that have not already done so should consider putting in place a more fulsome work-from-home policy. Doing so will provide an effective way to address important considerations for managing employees who continue to work remotely.
Questions and Answers Regarding Collective Redundancies in France
September 8, 2020
As part of its response to the COVID-19 pandemic, the French government implemented a generous furlough system designed to protect companies and avoid redundancies. With the end of that system approaching, many companies will soon need to restructure their workforces. This Q&A addresses 10 questions clients most frequently ask when considering collective redundancies in France.
Liability Protections in Coronavirus Relief Legislation
July 27, 2020
The SAFE TO WORK Act, introduced on July 27, 2020, would provide relief to American businesses, educational institutions, nonprofit organizations and health care providers impacted by the COVID-19 pandemic. By moving coronavirus-related lawsuits into federal court and codifying what are viewed as common sense liability protections, the proposed legislation would limit the prospect of litigation while preserving the rights of injured individuals to pursue legitimate claims against grossly negligent defendants. This is the long-awaited Senate leadership liability protection proposal that Congress is expected to consider as part of the overall Phase 4 pandemic relief package.
Employment Flash
July 2020
This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the standard for age discrimination suits against the federal government. We also discuss other labor and employment-related developments in the U.S. — including from the EEOC, DOL and NLRB — as well as in the U.K., France and Germany.
On May 3, 2020, Mayor Eric Garcetti signed into law two COVID-19-related ordinances regarding worker recall and retention rights. The ordinances apply to certain workers employed by or contracted to provide service to covered businesses, including airports, event centers, commercial properties and hotels operating in the city of Los Angeles.
Lifting the Lockdown: Returning to the Workplace Under the UK Government’s Recovery Plan and Safe Working Guidance
May 13, 2020
On 11 May 2020, the UK government published its COVID-19 recovery strategy and sector-by-sector guidance on returning to the workplace. In accordance with the government’s plan for exiting the lockdown, employees who can work from home should continue to do so; however, those who cannot work from home should “travel to work if their workplace is open.” With the risk of COVID-19 still present, employers must carefully consider how to adapt their workplaces and working practices to protect their employees as they plan to reopen. We consider the main employment law and other practical issues they should take into account.
French Considerations for Returning to Workplaces in the Wake of COVID-19
May 7, 2020
On April 28, 2020, the French government, in conjunction with its plan to end the lockdown measures on May 11, 2020, announced rules for employers and employees to guide the return to workplaces, and on May 3, 2020, the French Ministry of Labor published a protocol to protect the health and safety of workers and will further produce approximately 60 sector-specific guides defining health directives to be implemented in workspaces. Required employer measures include documenting exposure risks, reducing employees' physical density both on-site and in transit, providing protective equipment and collaborating closely with works councils to design evolving practices.
Considerations for Returning to Workplaces in the Wake of COVID-19
April 30, 2020
Employers seeking to bring their employees back to the workplace in the wake of the COVID-19 pandemic now face a range of federal, state and local guidance and regulations. Companies and organizations should be mindful of the policies and procedures they need to follow to enable workplaces to be in compliance with these changes. The enclosed material provides a user-friendly guide to help employers tackle these challenges.
Update on Labor and Employment-Related Measures Aiming To Combat the COVID-19 Epidemic and Its Effects
April 28, 2020
On April 13, 2020, the French government announced that the lockdown measures in force since March 16, 2020, will remain in effect until at least May 11, 2020. Correspondingly, the government expanded the budget for the state of emergency; specified further employer options to manage temporary layoffs and related tax, social security and sick leave provisions; and, despite recent trial delays, issued emergency order enforcement actions to protect the health and safety of warehouse employees.
COVID-19: Germany Update — Employment Law Issues During the Coronavirus Crisis
April 23, 2020
This article focuses on employment law issues that German companies may face during the pandemic, specifically in respect of short-time work benefits, home office work, salary payments during work absences, vacation time and medical information regarding COVID-19.
CISA Updates Guidance for Essential Critical Infrastructure Workforce
April 2, 2020
On March 28, 2020, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) issued updated guidance for identifying the “Essential Critical Infrastructure Workforce,” which state and local governments may use in making decisions about how best to address the COVID-19 pandemic. The update incorporates significant input from other federal agencies, state and local governments, industry groups and the private sector to address particular COVID-19 needs and synchronize guidance with state priorities.
Labor and Employment-Related Ordinances Pursuant to the Emergency Bill To Combat the COVID-19 Crisis
March 31, 2020
The French government, in response to its publication of the Emergency Bill To Combat the COVID-19 Crisis, further released three labor and employment-related ordinances on March 26, 2020, to protect French economic and social continuity. The temporary regulations allow companies in certain key business sectors to modify paid leave days as well as schedule additional working hours and adopt voluntary ones. The new rules also permit employers, regardless of their business sector, to access increased reimbursements when temporary layoffs are required.
UK Announces Measures To Support Businesses Impacted by Coronavirus/COVID-19
March 31, 2020
In response to potential job losses as a result of the COVID-19 pandemic, the U.K. announced measures to help employers and employees receive financial assistance.
CARES Act Provides Payroll Relief and Compensation Restrictions
March 30, 2020
The CARES Act includes a variety of compensation restrictions and payroll relief measures for employers and employees. This mailing reviews and analyzes those provisions.
COVID-19 Entertainment Update: Guidance for Entertainment Companies
March 27, 2020
As the coronavirus/COVID-19 pandemic continues to have major repercussions across the entertainment industry, companies are finding ways to navigate the storm. There is no single playbook for mitigating the impact of the crisis but rather a wide range of strategies and approaches for boards and management teams to consider.
Labor Law Matters in the French COVID-19 Emergency Bill
March 24, 2020
Anticipating an economic slowdown following the recently announced lockdown, the French Parliament approved the Emergency Bill To Combat the COVID-19 Crisis, on March 22, 2020. The law seeks to help companies deal with the economic, financial and social consequences of the pandemic, with a particular focus on addressing and preventing the cessation of business activity and limiting its impact on employment. The law utilizes a broad approach, authorizing the government to take action via ordinances within three months of the law's publication.
UK Announces COVID-19 Job Retention Scheme
March 23, 2020
In response to potential job losses as a result of the COVID-19 pandemic, the U.K. announced measures to help employers and employees receive financial assistance.
Coronavirus/COVID-19 Update — Families First Coronavirus Response Act
March 18, 2020
UK Employment Flash
March 17, 2020
In this edition of our UK Employment Flash, we examine tribunal rulings on whether covert recordings constitute misconduct and whether ethical veganism is a "philosophical belief." We also look at guidance for U.K. employers concerning the COVID-19 outbreak, employment issues arising from the use of artificial intelligence in recruiting and the U.K.'s updated IR35 tax regime.
Coronavirus/COVID-19 Update — Employment Considerations
March 4, 2020
Webinars
COVID-19: Key Considerations for Developing Reopening Strategies
August 18, 2020
London of counsel Helena Derbyshire and Palo Alto counsel Anne Villanueva will lead a Lawline webcast titled “COVID-19: Key Considerations for Developing Reopening Strategies” on August 18. The program will highlight the various legal and practical considerations in connection with employees returning to the physical workplace in a COVID-19 setting.
COVID-19: Employment and Cybersecurity Considerations
March 17, 2020
On March 17, Skadden held a webinar, “COVID-19: Employment and Cybersecurity Considerations,” on the employment- and cybersecurity-related issues that companies may encounter as the coronavirus increasingly impacts the workforce. Topics included cybersecurity risk, remote work and impact on compensation programs in the current climate. Speakers included partners William Ridgway, Erica Schohn and David Schwartz, of counsel Helena Derbyshire and associate Anne Villanueva.