New York State Mask or Proof of Vaccine for Entry Mandate for Indoor Venues – Extended until February 1, 2022
New York State requires that ALL indoor venues (including offices and other places of business, including vehicles) have one of two mandatory policies: They must either require all who enter to be vaccinated (and provide proof of vaccine), or they must require that everyone, regardless of their vaccine status, wear masks at all times. If […]
CDC Updates and Shortens Recommended Isolation and Quarantine Period for Those Infected with or Exposed to COVID-19
On December 27, 2021, the Centers for Disease Control and Prevention (“CDC”) announced new guidance for isolation and quarantine for those infected with, or exposed to, COVID-19. The CDC has shortened its prior recommendation of isolation and quarantine periods of up to 14 days as follows: Anyone who tests positive for COVID-19 (regardless of vaccination […]
NYS Hero Act Overview and Proposed Regulation on the Workplace Safety Committee Requirements
On April 23, 2021, the New York legislature passed the Health and Essential Rights (“HERO” or “Act”), which aimed to protect workers and the public from the risks posed by COVID-19 and other airborne infectious diseases by requiring employers with worksites located in New York State to implement specific workplace health and safety standards. The Act was […]
Paid Leave for COVID Related Absences
Notably, the federal COVID leave law, FFCRA, expired on September 30, 2021. Thus, the only COVID-specific paid sick leave law that is still in effect is the NYS Paid COVID-19 leave law. This paid leave must be offered in addition to other leaves if the employee has an order from the proper authorities. The NYS Paid COVID-19 leave […]
Federal Court Dissolves Stay of OSHA’s Emergency Temporary Standard
A three-judge panel of the United States Court of Appeals for the Sixth Circuit has dissolved the stay on the Emergency Temporary Standard (“ETS”) applicable to employers with 100 or more employees issued by the Occupational Safety and Health Administration (“OSHA”). As we previously reported, in November 2021, OSHA issued the ETS to minimize the […]
Medical and Religious Exemptions for Vaccine Mandates
An employer is not prevented from requiring all employees physically entering the workplace to be fully vaccinated against COVID-19. In some circumstances, Title VII and the ADA require an employer to provide reasonable accommodations for employees who, because of a disability or a sincerely held religious belief, practice, or observance, do not get vaccinated against […]
New York City Publishes Private Employer Vaccine Mandate Regulations
Beginning December 27, 2021, all workers in New York City who perform in-person work or interact with the public in the course of business must show proof they have received at least one dose of a COVID-19 vaccine. Workers will then have 45 days to show proof of their second dose (for Pfizer or Moderna […]
New York State Mandates Masks for Businesses that Do Not Require Proof of Vaccination Upon Entry (Effective Date December 15, 2021)
Effective Monday, December 13, 2021, businesses with any indoor space that is not a private residence in New York State (which includes office spaces) must require that all employees and patrons two years and older, regardless of vaccination status, wear a mask at all times while indoors if they are not requiring proof of vaccination upon entry to […]
Sixth Circuit Selected to Address ETS Lawsuits and OSHA Suspends ETS Related Activities
On November 16, 2021, the United States Court of Appeals for the Sixth Circuit was selected in a lottery to address the many legal disputes relating to OSHA’s recent Emergency Temporary Standard (“ETS”). As previously reported, since the ETS was published on November 5, 2021, 34 petitions had been filed in 12 different federal appeals […]
New Legislation Expands New York State Paid Family Leave
Governor Kathy Hochul signed a bill that expands New York State’s Paid Family Leave legislation to allow caring for siblings. Paid Family Leave has been in effect since 2018 and is employee-paid insurance that provides paid time off to care for a newborn, bond with adopted or foster children, care for a family member with […]
NY HERO Act Airborne Infectious Disease Prevention Plan Requirements Extended
On October 31, 2021, the Commissioner of the New York Department of Health announced that the designation of COVID-19 as a highly contagious communicable disease that presents a risk of harm to the public is extended until December 15, 2021. As you may recall, all employers, regardless of size, were required to establish an airborne infectious […]
EEOC Issues Updated Guidance Addressing Religious Exemptions to Vaccine Mandates
The U.S. Equal Employment Opportunity Commission (“EEOC”) has issued updates to the COVID-19 Technical Assistance to provide additional guidance on religious exemptions to vaccine mandates in the workplace. The updated guidance provides a new section “L” entitled Vaccinations – Title VII and Religious Objections to COVID-19 Vaccine Mandates, which follows a Question and Answer (“Q&A”) […]