In a move that comes as no surprise, the Equal Employment Opportunity Commission (“EEOC”) has updated its COVID-19 technical assistance to provide guidance on when COVID-19 may be considered a “disability” under the Americans...more
The U.S. Supreme Court has issued two opinions on COVID regulations impacting employers and workers across the country. In the first, the Court stayed the Occupational Safety and Health Administration’s (“OSHA”) “vaccine or...more
3/3/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Judge Thomas Rademaker, a New York State Supreme Court Judge in Nassau County, yesterday issued an order striking down the statewide mask mandate issued by the Department of Health in December, which requires that all state...more
Last week, the Supreme Court issued two opinions on COVID regulations impacting employers and workers across the country.
• In the first, the Court stayed OSHA’s “vaccine or test” mandate for employers with 100 or more...more
1/19/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
UPDATE: December 17, 2021 -
In a move that comes as no surprise, the EEOC has updated its COVID-19 technical assistance to provide guidance on when COVID-19 may be considered a “disability” under the ADA, making specific...more
In a one-line ruling on Monday, December 13, 2021, the U.S. Supreme Court dismissed the last of the legal challenges to the vaccine mandate for health care workers in New York. It also dismissed a challenge to a similar...more
In September, as the Delta variant was sweeping the nation, President Biden announced a comprehensive national strategy to get more Americans vaccinated and to set the path out of the pandemic. As part of this plan, the...more
Employers implementing mandatory COVID-19 vaccination programs are no doubt starting to feel the pressure resulting from an influx of religious and disability accommodation requests. In all the internal commotion (and...more
The COVID-19 pandemic has laid bare the serious threat posed by unchecked airborne infectious diseases, and has prompted New York to pass the Health and Essential Rights Act (aka the “HERO Act”), which serves to establish...more
Sending a clear message to employers and employees alike on the prickly subject of mandatory vaccination programs, Texas federal Judge Lynn N. Hughes just dismissed outright a lawsuit brought by 117 employees of a Houston...more
On January 21, 2021, President Biden enacted the Executive Order “Protecting Worker Health and Safety” which tasked OSHA with developing safety measures to help protect workers as the nation continued its post-pandemic...more
Employers have been waiting for some definitive guidance from the EEOC on the issue of vaccines in the workplace – and here it is! On May 28, the EEOC updated its Technical Assistance Guidance and has now stated with...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
As employees who have worked remotely for months begin to slowly return to their offices, more guidance is emerging as to what their employers can and should do to keep them safe. Just this weekend, the EEOC came out with...more
On Friday March 12, 2021, Governor Cuomo signed into law legislation which requires that beginning March 12, 2021, all New York employers must provide up to four hours of paid leave per COVID-19 vaccine injection. Below are...more
On January 20, 2021, the New York State Department of Labor issued new guidance on the state’s COVID-19 sick leave law, which clarifies employees’ leave entitlements and expands employers’ obligations under the law....more
Lawsuits and Laws In Vogue: What To Keep an Eye On in 2021 -
Emerging vaccines bring hope during the ongoing pandemic, but there’s little relief in sight for the upward trend in COVID-19-related lawsuits. Adding to that,...more
1/14/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Human Resources Professionals ,
Infectious Diseases ,
Labor Regulations ,
Occupational Exposure ,
Pay Equity Laws ,
Remote Working ,
Retaliation ,
Webinars ,
Whistleblowers ,
Workplace Illness and Injury Reporting ,
Workplace Safety
On the heels of the FDA’s approval of the Pfizer and Moderna COVID-19 vaccines, the EEOC updated its Technical Assistance Q & A to help employers navigate the latest pandemic related challenges. ...more
12/24/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
As the number of COVID-19 infections in certain states continues to rise, so does the number of states added to the tristate area travel advisory. Ten additional states were added to the existing list, including the...more
As the number of COVID-19 infections in certain states continues to rise, so does the number of states added to the tristate area travel advisory. Ten additional states were added to the existing list, including the...more
Not to be upstaged by the President, and just as the Senate was voting on the Families First Coronavirus Response Act of 2020 (“FFRCA”), New York State Governor Andrew Cuomo signed into law paid sick leave legislation to...more
On the evening of Monday, March 16, the House amended the Families First Coronavirus Response Act (“FFCRA”) (HR 6201) by amending the bill with what are being called “technical corrections.”...more
On March 14, the House passed the Families First Coronavirus Response Act (“FFCRA” or "the Act") (HR 6201). This bill is not yet a law, but probably will be voted on this week or next. If the bill is signed into law by the...more
As federal, state and local governments continue to develop their responses to the COVID-19 outbreak, employers may find themselves in uncharted territory as to how to deal with emerging employee issues....more
3/11/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Traveling Employee ,
Workplace Safety