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 […]
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 […]
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 […]
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 […]
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 […]
In accordance with the New York State mask mandate, the New York State Commissioner of Health extended the designation of COVID-19 as a highly contagious communicable disease that presents a risk of harm to the public. This designation means that employers must keep their HERO Act Airborne Infectious Disease Prevention Plans in effect through at […]
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 […]
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 […]
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 […]
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”) […]
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 […]
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 […]
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