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”) […]
New York State Issues Guidance Relating to Employee Cannabis Use and the Workplace
The New York State Department of Labor (“NYSDOL”) has published guidance intended to address some of the most common situations or questions in the workplace related to adult-use cannabis and the Marijuana Regulation and Taxation Act (“MRTA”). As you may recall, under the MRTA, employers may take employment action or prohibit employee conduct where: An […]
New York Governor Hochul Signs Legislation Allowing Employees Facing Potential Layoffs to Petition Employers to Participate in a Shared Work Program
Governor Kathy Hochul recently signed legislation allowing employees facing potential layoff to petition employers to participate in a Shared Work Program. Under this amendment to the New York Labor Law, workers facing layoffs in New York State now have a right to ask their employers instead to trim all worker’s hours and have unemployment insurance […]
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New York City Court Temporarily Blocks Department of Education Vaccine Mandate
As we previously reported, New York City Mayor de Blasio announced a mandate that all New York City public school teachers and staff would be required to get at least one dose of a vaccine by September 27, 2021 or face termination. According to the mandate, Department of Education staff would no longer have the […]
U.S. District Court Grants Temporary Restraining Order Barring New York From Excluding Religious Exemptions For COVID-19 Vaccine Mandate on Healthcare Workers
On September 14, 2021, a federal judge temporarily blocked the enforcement of New York’s vaccine mandate for healthcare workers seeking a religious exemption to the requirement. The mandate requires covered entities to ensure their personnel are fully vaccinated against COVID-19, with the first dose for current personnel received by September 27, 2021, for general hospitals […]
Conducting Workplace Investigations
President Biden Orders OSHA to Issue New Rule Mandating Vaccines for Large Businesses, Federal Workers and Healthcare Workers
On September 9, 2021, President Biden announced the implementation of a six-pronged, comprehensive national strategy to combat the COVID-19 virus. The President indicated that the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated […]