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Michaeli* understands that labor & employment law, with workforces keeping businesses moving, can be especially sensitive, complex and detailed. Preparedness, compliance, policies and training can be critical components, heading off problems before they develop. Michaeli monitors fast-moving local, state and federal guidance for employers so that she can guide the implementation of best practices regarding, among others:

  • Title VII
  • Fair Labor Standards Act (FLSA)
  • Americans with Disabilities Act (ADA)
  • Family Medical Leave Act (FMLA)
  • Age Discrimination in Employment Act (ADEA)
  • Families First Coronavirus Response Act (FFCRA)

On July 26, 2021, the White House issued a press release marking the 31st anniversary of the Americans with Disabilities Act and announcing the publication of new guidance and resources dedicated to assisting disabled individuals, including individuals with long COVID, which entails new or recurring symptoms experienced by some individuals infected with COVID-19 that can last for months after the individual is first infected, even if the initial infection was mild. Due to the “persistent and significant” health issues presented by long COVID, the Office for Civil Rights of the Department of Health and Human Services (HHS) and the Civil Rights Division of the Department of Justice (DOJ) published guidance to explain the application of federal disability laws to individuals suffering from long COVID. The federal government also published a compilation of resources, some of which apply to employers, regarding accommodations for workers suffering from long COVID.

As vaccine distribution becomes widespread, and employees begin to return to work, we continue to field questions related to return-to-office plans in a post pandemic world. We previously compiled a list of FAQs, addressing COVID-19 safety protocols (here, here and here) that should be considered as the workplace opens for business. Below are some additional, and recent, considerations related to this topic.