In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss a recent New York City law requiring employers to state salary ranges in job postings. Effective May 15, 2022, as an amendment...more
Yesterday, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97....more
2/11/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
On January 13, 2022, the U.S. Supreme Court, in a per curiam opinion, stayed OSHA’s Emergency Temporary Standard (“ETS”) mandating that employers with 100 or more employees require all employees to be fully vaccinated against...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
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 ,
Workplace Safety
On December 17, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, dissolved the stay previously placed on OSHA’s Emergency Temporary Standard (“ETS”) by the Fifth Circuit. The ETS mandates employers with 100 or...more
12/20/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 15, 2021, New York City released guidance on the private employer vaccine mandate set to take effect on Monday, December 27. As we previously reported, the mandate will require workers in New York City who perform...more
New York Governor Kathy Hochul has announced that, effective December 13, 2021, masks will be required to be worn in all indoor public places in New York State unless the business or venue requires proof of full vaccination...more
12/13/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Masks ,
New York ,
Personal Protective Equipment ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
Mayor Bill de Blasio has announced that New York City will become the first major city in the United States to mandate COVID-19 vaccination for private sector workers across industries. The mandate will take effect on...more
The Florida Department of Legal Affairs has issued an emergency rule and other additional guidance regarding the recently enacted House Bill HB-1B, which, among other things, requires private employers who mandate COVID-19...more
New York Governor Kathy Hocul has signed into law a bill that will require employers to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage. ...more
On November 4, 2021, OSHA released an “unpublished” version of its new Emergency Temporary Standard (“ETS”) mandating that employers with 100 or more employees require all employees get fully vaccinated against COVID-19 or be...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
New York Governor Kathy Hochul signed into law an amendment to the New York Paid Family Leave Law (NYPFLL), which will allow employees to take leave to care for siblings with a serious health condition....more
On October 31, 2021, the New York State Commissioner of Health continued the designation of COVID-19 as a “highly contagious communicable disease” pursuant to the HERO Act until December 15, 2021. This means that New York...more
On October 25, the EEOC issued updated and expanded guidance regarding the obligations of employers under Title VII of the Civil Rights Act of 1964 (“Title VII”) when an employee presents with a religious objection to a...more
10/26/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
Texas Governor Greg Abbott has issued an Executive Order (GA-40) prohibiting the enforcement of COVID-19 vaccine mandates in Texas against employees and customers of private businesses who object on certain bases, including...more
On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Management Plans ,
Employer Liability Issues ,
Entertainment Venues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Popular ,
Vaccinations ,
Workplace Safety
On Monday, September 6, 2021, New York Governor Kathy Hochul announced that the Commissioner of Health has designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public...more
New York Governor Andrew Cuomo has announced that all healthcare workers in New York State must receive at least one dose of a COVID-19 vaccine by September 27, 2021. The mandate includes staff at hospitals and long-term care...more
8/18/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
New York ,
Nursing Homes ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
As we previously reported, New York City is now mandating COVID-19 vaccination for workers and patrons of indoor dining, indoor fitness, and indoor entertainment venues and performances. Mayor Bill de Blasio has issued an...more
8/18/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Entertainment Venues ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Local Ordinance ,
New York ,
Public Health Emergency ,
Resorts & Restaurants ,
Vaccinations ,
Workplace Safety
The Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. The updated guidance largely aligns with the...more
8/17/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
The New York City Commission on Human Rights (the “Commission”) has issued updated legal enforcement guidance on the NYC Fair Chance Act (“FCA”) and employers’ consideration of criminal history in hiring and during...more
8/4/2021
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Guidance ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
NYCHRL
In a memo dated July 6, 2021, the DOJ’s Office of Legal Counsel concluded that the COVID-19 vaccines’ status as products authorized for emergency use does not prohibit public and private entities from requiring them as a...more
8/2/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Infectious Diseases ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations
On July 6, 2021, the New York State Department of Labor published multiple model documents related to the implementation of the New York HERO Act (the “Act”), which, as we previous reported, requires all employers in New York...more
On June 7, 2021, the New York State legislature amended certain provisions of the HERO Act which, as we previously reported, requires all employers in New York to adopt a prevention plan to protect against further spread of...more
On May 28, the EEOC issued updated and expanded guidance for employers, addressing many unanswered questions regarding COVID-19 vaccinations. The updates supplement prior EEOC guidance and focus on four topics: (1) mandatory...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Effective June 4, 2021, the HERO Act requires all employers in New York to implement certain safety standards and adopt a prevention plan to protect against further spread of COVID-19 and other airborne infectious diseases in...more