Paid Leave for COVID Related Absences
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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
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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
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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
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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)
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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
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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
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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
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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
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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
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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
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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 […]