New York Designates COVID-19 as an Airborne Infectious Disease Triggering HERO Act Safety Plan Requirements for Employers
The New York Health and Essential Rights Act (“HERO Act”), which was enacted on May 5, 2021, mandated new workplace health and safety protections in response to the COVID-19 pandemic. One section of the law requires employers to implement an airborne infectious disease exposure prevention plan (“Plan”) based on the model plan provided by the […]
New York State Expands Vaccine Mandate for Healthcare Personnel
On August 26, 2021, the New York State Department of Health’s Public Health and Health Planning Council (“PHHPC”) approved an emergency regulation mandating COVID-19 vaccination of staff in hospitals, nursing homes, diagnostic and treatment centers (D&TCs), adult care facilities (ACFs), licensed home care services agencies (LHCSAs), certified home health agencies (CHHAs) and hospices (collectively referred […]
New York City to Mandate COVID-19 Vaccine for Certain Indoor Activities
New York City Mayor DeBlasio has announced that New York City will become the first major U.S. city to require proof of COVID-19 vaccination at restaurants, gyms and other businesses. The “Key to NYC Pass” is the approach the City is taking that will require proof of at least one dose of vaccination for workers […]
CDC Issues New COVID-19 Recommendations and What it Means for Employers
On July 27, 2021, the U.S. Center for Disease Control (“CDC”) issued updated COVID-19 guidance given new evidence on the B.1.617.2 (Delta) variant currently circulating in the United States. The CDC now recommends that fully vaccinated people wear a mask in public indoor settings if they are in an area of substantial or high transmission. […]
President Biden Issues Executive Order Calling on the Federal Trade Commission to Ban or Limit Non-Compete Agreements
On July 9, 2021, President Biden signed an Executive Order outlining 72 initiatives addressing competition in the workplace and targeting non-compete clauses and agreements. According to a White House statement, the President signed the Order “to promote competition in the American economy, which will lower prices for families, increase wages for workers, and promote innovation […]
Department of Labor Publishes Airborne Infectious Disease Exposure Prevention Standard and a Model Airborne Infectious Disease Exposure Prevention Plan
As previously reported, the New York Health and Essential Rights Act (“HERO Act”), which was enacted on May 5, 2021, mandated new workplace health and safety protections in response to the COVID-19 pandemic. One section of the law requires employers to implement an airborne infectious disease exposure prevention plan based on the model plan provided […]
U.S. DOL Proposes New Tip Credit Rule
On June 23, 2021, the U.S. Department of Labor (“U.S. DOL”) published a Notice of Proposed Rulemaking which would impose a limit on when an employer can pay a tipped worker the “tipped minimum wage.” The new rule would reinstate the “80/20” rule under federal law and would clarify that an employer may only take […]
OSHA Issues Updated Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) released an Emergency Temporary Standard (“ETS”) that outlines new requirements for healthcare settings. In addition, OSHA issued updated guidance for non-healthcare employers regarding protocols for mitigating the spread of COVID-19 among unvaccinated or at-risk employees in the workplace. We have summarized the pertinent portions […]
NY COVID-19 Restrictions Lifted
Governor Andrew M. Cuomo has announced that all COVID-19 restrictions are lifted immediately in New York State, as 70 percent of New Yorkers aged 18 or older have received the first dose of their COVID-19 vaccination. The State’s health guidance and New York Forward industry specific guidelines—including social gathering limits, capacity restrictions, social distancing, cleaning […]
HERO Act Amendments Signed into Law
The New York Health and Essential Rights Act (“HERO Act”) Amendments have been signed into law, which may come as welcome news to employers who might have been scrambling to understand and implement its requirements. As we previously reported, the HERO Act was enacted on May 5, 2021, mandating new workplace health and safety protections […]
NYS DOL to Release Guidance Confirming that New York’s Paid Sick Leave Law Covers Recovery Time from COVID-19 Vaccination
The New York State Department of Labor (“NY DOL”) has recently issued guidance to all employers that any necessary recovery period from the COVID-19 vaccine is covered under the New York State Paid Sick Leave Law. Citing studies that found workers were avoiding the COVID-19 vaccine due to fear of missing a day of work due to […]
OSHA Revises Guidance: Employers Do Not Need to Record Adverse COVID-19 Vaccine Reactions
Earlier this year, the Occupational Safety and Health Administration (“OSHA”) issued guidance to clarify the recordability of employees suffering adverse side effects from a COVID-19 vaccination. That guidance provided that an adverse reaction to the COVID-19 vaccine is recordable if the reaction is: (1) work-related, (2) a new case, (3) meets one or more of […]