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EEOC Updates Workplace Guidance on COVID-19 Testing

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 workplace guidance. Most notably, the EEOC now requires that employers assess whether current pandemic circumstances and...more

Commercial Division Force Majeure Decision Provides A Good Overview of the Law Surrounding Leases and the COVID-19 Pandemic

A few months ago, a Commercial Division court granted summary judgment in favor of the plaintiff-landlord in a case involving a commercial lease for a gym that was closed due to COVID-19 restrictions.  The decision in Amherst...more

The Activation of Exposure Prevention Plans Under the NY HERO Act Has Ended

On May 5, 2021, New York enacted the New York Health and Essential Rights Act, or NY HERO Act (“the Act”), which is aimed at curbing the spread of airborne infectious diseases in the workplace. In September 2021, the New York...more

New York Courts Resume In-Person Operations

In an earlier post, we reported that beginning January 2022 all oral arguments in the First and Second Departments would be conducted virtually out of concern for the health and safety of the public and court employees. As...more

Supreme Court Rejects OSHA Mandate

On January 13, 2022, the Supreme Court issued a highly anticipated decision blocking the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS), which required employers with 100 or more...more

New York Courts Return to Virtual Operations Amid Omicron Surge

As the number of new COVID-19 cases reached record levels, the First and Second Departments announced that beginning January 2022, and until further notice, oral arguments will be conducted virtually. The return to remote...more

End of Year Update

As 2021 comes to a close, we are taking a look back at some of the major developments in New York City and New York state employment law this past year, and a look ahead as to what’s to come in the New Year. We start our...more

Take 2: OSHA Vaccine or Testing Mandate Back in Effect

After being put on hold by court orders, the Occupational Safety and Health Administration (“OSHA”) emergency temporary standard (“ETS”) mandating vaccination or weekly testing of employees of businesses with 100 or more...more

New York City Issues Guidance on Vaccine Mandate for Private Employers

On December 6, 2021, Mayor Bill de Blasio announced a COVID-19 vaccine mandate for all private employers in New York City, which goes into effect on December 27, 2021. Yesterday, the City issued additional guidance related...more

Governor Hochul Issues Mask or Vaccine Mandate to New York Businesses

In a press release issued earlier today, Governor Kathy Hochul announced that effective Monday, December 13, 2021, all indoor businesses and venues in New York State must implement either a mask or vaccine mandate applicable...more

New York City Announces Vaccine Mandate for All Private Employers and Additional Expansions to Current Rules

Earlier today, Mayor Bill de Blasio announced a COVID-19 vaccine mandate for all private employers in New York City. The mandate—which is described as a “first-in-the-nation” policy and is expected to apply to about 184,000...more

New York City Health Commissioner Issues Omicron Variant Masking Advisory

In the midst of uncertainty surrounding the efficacy of COVID-19 vaccinations against the Omicron variant, the Commissioner of Health & Mental Hygiene of the City of New York has issued an advisory that masks should be worn...more

OSHA’s COVID-19 Vaccination Mandate: What This Means for Your Workplace

On November 4, 2021, the Occupational Health and Safety Administration (“OSHA”) issued an emergency temporary standard (“ETS”) requiring all large employers to adopt a mandatory COVID-19 vaccination policy for all employees...more

New York Releases New Guidance on Implementation of the HERO Act

On May 5, 2021, New York enacted the New York Health and Essential Rights Act, or NY HERO Act (“the Act”), which is aimed at curbing the spread of airborne infectious diseases in the workplace. Our coverage of the HERO Act...more

New York Lifts Most Statewide COVID-19 Restrictions

On June 7, 2021, New York Governor Andrew Cuomo declared that the State would lift most remaining COVID-19 restrictions when 70% of adult New Yorkers had received their first dose of a COVID-19 vaccine. On June 15, 2021,...more

New Federal and State Guidance Regarding Vaccinated Employees

OSHA Adopts CDC Vaccine Guidance. On May 17, 2021, the federal Occupational Health and Safety Administration (“OSHA”) updated its online COVID-19 portal to announce that OSHA is revising its employer materials to reflect...more

New York Imposes New Workplace Safety Measures with Passage of the HERO Act

On May 5, 2021, New York enacted the New York Health and Essential Rights Act, or NY HERO Act ("the Act"), which amends the New York Labor Law, adding two sections aimed at curbing the spread of airborne infectious diseases...more

New York Employees Now Entitled to Paid Leave for COVID-19 Vaccination

New law provides up to four hours of paid leave for vaccination: On March 12, 2021, New York Governor Andrew Cuomo signed legislation entitling New York employees to up to four hours of paid leave to receive COVID-19...more

The Legal and Practical Considerations of Re-Opening Workplaces in the COVID-19 Era: Part Two – Legal Considerations, FAQS, and...

In Part One of this alert, we discussed several practical considerations that employers should bear in mind as they plan for the safe return of their employees to the workplace. Here, in Part Two, we explain how employers...more

The Legal and Practical Considerations of Re-Opening Workplaces in the COVID-19 Era: Part One – Practical Considerations

With no certainty about when a vaccine will be widely available to the general public, and all ?fty states beginning to lift their shutdown orders, it has become clear that businesses will need to prepare for the reality of...more

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