Few disruptions have tested businesses and healthcare organizations as abruptly as the spread of COVID-19 in early 2020. Within weeks, employers faced a cascade of questions they had no precedent for — how to manage employees who could not come into work, what operational requirements applied to healthcare providers navigating new regulations, and how to stay compliant with rapidly evolving legal guidance from federal and state agencies. For most organizations, the legal environment changed faster than they could adapt.
To help businesses and healthcare providers work through these challenges, Mandelbaum Barrett PC offered a series of complimentary webinars on the employment and operational implications of COVID-19. Led by partners Steven I. Adler, Mohamed H. Nabulsi, and Dennis J. Alessi, the sessions addressed both the workforce and the business continuity issues that had surfaced as the crisis unfolded. Learn more about Mandelbaum Barrett PC’s healthcare legal services and how the firm advises businesses on compliance and regulatory matters.
What the COVID-19 Webinar Series Covered
The webinar series focused on two primary areas: employment law and operational compliance. Both tracks were designed to give business owners, HR professionals, and healthcare administrators practical guidance they could apply immediately, rather than a general overview of the landscape.
On the employment side, the webinars addressed how to manage employees who were unable to report to work, what obligations attached under federal and state leave laws, and how to document employment decisions in a way that protected the organization from future claims. The Families First Coronavirus Response Act introduced new paid leave entitlements that took effect in April 2020, and many employers were working to interpret and implement those requirements on a compressed timeline.
On the operational side, the sessions covered the regulatory framework that applied to healthcare providers operating during the public health emergency, including guidance from state and federal agencies on which services could continue, which were suspended or restricted, and what liability protections applied to healthcare workers and facilities. State-level executive orders added additional layers of complexity that varied by industry and entity type.
The Employment Law Dimensions of COVID-19
COVID-19 created significant new compliance obligations for employers that intersected with existing employment laws in ways that were not always straightforward. The key federal statutes and programs that applied included:
- The Families First Coronavirus Response Act — which created emergency paid sick leave and expanded family leave entitlements for employees at covered employers with fewer than 500 workers
- The CARES Act — which introduced the Paycheck Protection Program and other financial relief mechanisms that carried employment-related conditions and recordkeeping requirements
- OSHA guidance on workplace safety during the pandemic, which imposed requirements on employers to protect workers from exposure to the virus
- New Jersey state wage and hour laws, which remained in full effect even as new federal obligations were layered on top of them
Navigating the intersection of these frameworks required attention to detail and the ability to track rapidly changing guidance from multiple agencies. The U.S. Department of Labor’s Wage and Hour Division published extensive guidance on employer obligations under the Families First Coronavirus Response Act that remained in effect throughout 2020.
About the Presenting Attorneys
Steven I. Adler is a partner at Mandelbaum Barrett PC and a recognized voice in New Jersey labor and employment law. He has been highlighted by the New Jersey Law Journal for his contributions to the field and regularly advises employers on workplace compliance, employee relations, and employment litigation. Mohamed H. Nabulsi focuses on corporate and operational matters for businesses navigating complex regulatory environments. Dennis J. Alessi advises healthcare providers and businesses on healthcare law, regulatory compliance, and operational issues unique to the healthcare industry.
Together, the three attorneys brought complementary perspectives to the COVID-19 webinar series that allowed participants to address both the human resources and the operational dimensions of the crisis in a single, focused program.
What was the Families First Coronavirus Response Act and what did it require of employers?
The Families First Coronavirus Response Act, or FFCRA, was signed into law in March 2020 and required covered employers — generally those with fewer than 500 employees — to provide up to two weeks of emergency paid sick leave and up to twelve weeks of expanded family and medical leave to employees affected by COVID-19. The leave provisions included specific qualifying reasons tied to the pandemic, and employers were required to post notices and track leave carefully to comply with recordkeeping requirements.
What operational obligations did healthcare providers face during the early stages of the COVID-19 pandemic?
Healthcare providers faced a rapidly evolving set of regulatory obligations during the early stages of the pandemic, including guidance from the Centers for Medicare and Medicaid Services on elective procedure restrictions, state executive orders governing which healthcare services could continue, and OSHA standards for protecting healthcare workers from exposure. In New Jersey, providers also had to track guidance from the state Department of Health, which issued orders that affected facility operations, staffing requirements, and telehealth availability.
What documentation should employers have maintained during COVID-19 to protect against future claims?
Employers who made decisions about furloughs, layoffs, reduced hours, or remote work arrangements during the pandemic should have documented the business reason for each decision at the time it was made, maintained records of any leave taken under the FFCRA, and kept records of safety measures implemented in the workplace. Consistent, contemporaneous documentation is critical in employment disputes because decisions that seemed necessary in the moment can be more difficult to explain years later without a contemporaneous record.
Does Mandelbaum Barrett PC advise both employers and healthcare providers on compliance matters?
Yes. Mandelbaum Barrett PC advises businesses, employers, and healthcare providers on a broad range of compliance and regulatory matters. The firm’s labor and employment attorneys work with clients on workforce management, leave compliance, and dispute avoidance, while the healthcare law team advises providers on regulatory issues, operational compliance, and matters unique to the healthcare industry in New Jersey and beyond.
Contact Mandelbaum Barrett PC
Whether you are managing current employment obligations, working through healthcare compliance questions, or evaluating how evolving regulations affect your business, Mandelbaum Barrett PC has attorneys prepared to assist. To reach the firm’s labor and employment or healthcare law teams, contact Mandelbaum Barrett PC online.