Abigail M. Kagan 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 York State Department of Labor Publishes Standard for Prevention of Airborne Infectious Diseases


By , and on Jul 15, 2021
Posted In Employment, Health and Welfare Plans

On July 6, 2021, the New York State Department of Labor (NYSDOL) published its Airborne Infectious Disease Exposure Prevention Standard (Standard), as required under the New York Health and Essential Rights (HERO) Act. Under the Standard, employers with worksites located in New York are required to either adopt the NYSDOL’s model exposure prevention plan or...

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OSHA’s COVID-19 Requirements for Healthcare Employers Take Effect


By and on Jun 23, 2021
Posted In Employment

On June 21, 2021, the US Occupational Safety and Health Administration’s (OSHA) long-anticipated Emergency Temporary Standard (ETS) for COVID-19 requirements in the healthcare industry went into effect. Most of the requirements must be followed by July 6, 2021; the remainder (on implementing physical barriers, improved ventilation systems and employee trainings) must be implemented no later...

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Employers Should Prepare for New York’s Most Stringent Workplace Safety Law


By , and on May 19, 2021
Posted In Employee Benefits, Employment, Labor

On May 5, 2021, New York Governor Andrew Cuomo signed into law the New York Health and Essential Rights (HERO) Act, which imposes stringent new workplace safety requirements for all employers in New York. The law is expected to take effect on June 4, 2021. Access the article.

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OSHA Releases Guidance for Employers Considering Vaccine Requirements


By and on May 18, 2021
Posted In Employment, Health and Welfare Plans, Privacy and Data Security

Recently, the Occupational Safety and Health Administration (OSHA) released three new FAQs for employers who recommend or require employees to receive COVID-19 vaccines. OSHA is responsible for enforcing workplace safety standards across the US. McDermott previously reported that employers can require employees to be vaccinated as a condition of employment, though employers should consider several factors before making the decision to...

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COVID-19 Vaccine: New Paid Leave Laws for Public and Private New York State Employees


By and on Mar 31, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

Effective March 12, 2021, all New York State employers are required to provide employees with paid time off (PTO) to receive a COVID-19 vaccine at the employee’s regular rate of pay. Access the article.

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COVID-19 Safety Plans: What Employers Need to Know


By , and on Sep 15, 2020
Posted In Employment

COVID-19 safety plans are a way for employers to demonstrate to their employees, the public and, in certain cases, state governments that they have considered the risks associated with COVID-19 in their workplaces and have developed a response to these concerns. The plans establish and explain the policies, practices and conditions necessary to meet the...

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Off-Duty Conduct: COVID-19 and Social Media Ranting—What’s an Employer to Do?


By , , and on Sep 10, 2020
Posted In Employment, Privacy and Data Security

Many employers who recently reopened are now facing a new challenge—employee off-duty conduct. At stake are both workplace and customer safety as well as the company’s reputation. A recent webinar featuring McDermott’s Michael Sheehan, Ron Holland, Abigail Kagan and Brian Mead covers various scenarios employers are likely to face and provides practical strategies to navigate...

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How Healthcare Employers Can Comply With OSHA’s Rules on Workplace Violence


By on Oct 24, 2019
Posted In Employment, Labor

OSHA’s general duty clause now applies to workplace violence in healthcare Sec. of Labor v. Integra Health Mgmt., Inc., OSHRC Docket No. 13-1124 (March 2019), requiring healthcare employers to maintain workplaces “free from recognized hazards that are causing or likely to cause death or serious physical harm.” Abigail M. Kagan authored a primer for healthcare employers...

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