Abigail M. Kagan

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Abigail M. Kagan focuses her practice on employment law, with particular experience in conducting transactional due diligence, defending single-plaintiff, class and collective actions, second-chairing labor negotiations, and drafting personnel policies and other employment documents. She has advised clients on EEO concerns, the gig economy, data privacy, leaves of absence, reductions in force, wage and hour audits, unemployment insurance, short-term disability, restrictive covenants, and NLRA application to non-union members. Read Abigail Kagan's full bio.

New IBA GEI Report Cites ESG as Emerging Focus for Human Resources

By and on Jul 18, 2023
Posted In Employee Benefits, Employment

Governments and employers throughout the world are paying more attention to environmental, social and corporate governance (ESG) issues. That’s according to the International Bar Association Global Employment Institute’s (IBA GEI) Eleventh Annual Global Report. The report is based on data from lawyers in 55 countries and covers a range of topics, including artificial intelligence, mental...

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Return to Work | Managing Your Workforce During Periods of Uncertainty

By , , and on Nov 10, 2022
Posted In Employment, Labor

How can employers manage their workforces during periods of economic uncertainty? In this McDermott webinar, Lindsay Ditlow, Cristell Fortune, Abigail Kagan and Marjorie Soto Garcia offer perspective on the following topics: Communicating the transition The impact on contractual and other obligations WARN Act, furloughs, layoffs and salary reductions Strategies for unionized workforces Access the webinar.

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CDC Updates Its COVID-19 Guidelines: What Does It Mean for Your Business?

By , , and on Aug 31, 2022
Posted In Employee Benefits, Health and Welfare Plans

On August 11, 2022, the Centers for Disease Control and Prevention (CDC) unveiled its updated COVID-19 guidelines, revising both quarantine and isolation guidelines in the process. The updates reflect the growing number of vaccinated individuals (meaning, those individuals who have received initial doses and all recommended boosters) and past exposures, leading to a greater level...

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EEOC Potentially Limits Employer’s Right to Mandate COVID-19 Testing

By , and on Aug 3, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans

On July 12, 2022, the US Equal Employment Opportunity Commission (EEOC) revised its guidance on compliance with disability discrimination law during the COVID-19 pandemic. While previous guidance, initially published on December 14, 2021, provided that COVID-19 viral testing was permissible for on-site employees and did not run afoul of the Americans with Disability Act (ADA) due...

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New York City’s Wage Transparency Law to Take Effect November 1, 2022

By , , and on May 31, 2022
Posted In Employee Benefits, Employment, Executive Compensation, Labor

On January 15, 2022, the New York City Council enacted Local Law 32 of 2022 (Wage Transparency Law or Law) to amend the New York City Human Rights Law (NYCHRL) to require that most employers include compensation data in their job advertisements. The Law was supposed to take effect on May 15, 2022, however, it...

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OSHA Announces Plan to ‘Expand Its Presence’ in Certain Healthcare Facilities Treating COVID-19 Patients

By and on May 26, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

Between March 9, 2022, and June 9, 2022, the US Occupational Safety and Health Administration (OSHA) will “expand its presence” in hospitals and skilled nursing facilities that treat COVID-19 patients and that were previously cited or issued Hazard Alert Letters for alleged COVID-19 violations. OSHA’s stated purpose is to “target[] high-hazard healthcare facilities” to “verify...

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OSHA Reaffirms Arrival of Permanent Healthcare Industry COVID-19 Standard

By , and on Mar 31, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

On March 22, 2022, the US Occupational Safety and Health Administration (OSHA) announced a limited reopening of the rulemaking record for the COVID-19 emergency temporary standard for the healthcare industry, originally published on June 21, 2021 (the Healthcare ETS). OSHA will hold an informal public hearing to gather additional information from healthcare industry stakeholders. With...

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New York State Ends COVID-19 HERO Act Designation

By and on Mar 24, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans

On March 17, 2022, New York State’s Commissioner of Health ended the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to public health under the New York Health and Essential Rights (HERO) Act. As of that date, private sector employers in New York State are no longer required...

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OSHA Hints at Permanent COVID-19 Standard, Withdraws Vax-or-Test ETS

By , and on Jan 27, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans

On January 25, 2022, the US Occupational Safety and Health Administration (OSHA) announced that it would withdraw its controversial “vax-or-test” Emergency Temporary Standard (ETS), which required large employers to impose vaccination or testing requirements upon their employees. The withdrawal will be effective as soon as the announcement is published in the Federal Register, which is...

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As Some Healthcare Employees Work While Sick, Could Other Industries Follow Suit?

By on Jan 26, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

Throughout the latest COVID-19 wave, some healthcare employers have relaxed safety measures to bring COVID-positive employees back to work. According to this Corporate Counsel article, these decisions may signal a new direction in how businesses deal with safety measures as they navigate a competitive labor market and demand. McDermott’s Abigail M. Kagan noted many healthcare...

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