On November 8, 2021, Governor Hochul signed a bill into law that requires private New York employers to provide written notice to employees before monitoring their telephone, email, and internet access or usage. This law...more
On December 15, 2021, the New York City Council passed a bill (Int. 1208-B) that requires New York City employers with four or more employees (including independent contractors) to disclose minimum and maximum salary...more
On December 22, 2021, the New York State Department of Labor (“NYDOL”) issued long-awaited proposed rules regarding the establishment and administration of workplace safety committees under the New York State Health and...more
On December 22, 2021, the New York State Department of Labor (“NYDOL”) issued the final rules (the “Rules”) implementing the New York State Sick Leave Law (“NYSSLL”), which has been in effect since September 30, 2020. In...more
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Order that dissolved the stay issued by the U.S. Court of Appeals for the Fifth Circuit on the Occupational Safety and Health Administration’s...more
On December 15, 2021, New York City issued guidance regarding the private employer COVID-19 vaccine mandate that will become effective on December 27, 2021 (the “Guidance”). As we previously reported, Mayor Bill de Blasio...more
On December 10, 2021, New York State Governor Kathy Hochul announced (the “Announcement”) that, effective December 13, 2021, masks will be required to be worn in all indoor public places unless businesses or venues require:...more
On October 8, 2021, the New York State Department of Labor (“NYDOL”) issued new guidance, largely in the form of Frequently Asked Questions (the “Guidance”), reflecting employment protections provided to cannabis users under...more
On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an order staying the implementation and enforcement of the Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard...more
In yet another round of legislation and administrative decision-making, New York State recently expanded its paid vaccination leave requirements, whistleblower protection laws, and paid family leave requirements. New York...more
11/15/2021
/ Coronavirus/COVID-19 ,
Healthcare Fraud ,
Independent Contractors ,
Injunctive Relief ,
New Guidance ,
New York ,
NYDOL ,
Paid Family Leave Law ,
Paid Leave ,
Protected Activity ,
State and Local Government ,
Statute of Limitations ,
Vaccinations ,
Whistleblower Protection Policies
On November 5, 2021, the Occupational Health and Safety Administration (“OSHA”) published its Emergency Temporary Standard (“ETS”), 86 CFR 61402, which requires employers with a total of more than 100 employees, federal...more
11/8/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Documentation ,
Employer Mandates ,
Immunization Records ,
Masks ,
OSHA ,
Recordkeeping Requirements ,
Vaccinations ,
Virus Testing
On October 5, 2021, Governor Phil Murphy signed A-681 thereby amending the New Jersey Law Against Discrimination (“LAD”) to provide new protections against age discrimination for applicants and employees over the age of 70...more
On September 23, 2021, New York State issued Information and FAQs (the “FAQs”) regarding the New York State Health and Essential Rights Act (“HERO Act”), as well as updated model workplace exposure prevention plans. As we...more
On September 9, 2021, President Biden released a new six-pronged national plan, the Path Out of the Pandemic (the “Plan”), to try and curb the spread of the COVID-19 pandemic.The Plan includes the following measures:...more
9/14/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Employees ,
Joe Biden ,
OSHA ,
Popular ,
Religious Beliefs ,
Vaccinations ,
Virus Testing
On September 6, 2021, Governor Kathy Hochul announced that the New York Commissioner of Health designated COVID-19 as a “highly contagious communicable disease that presents serious risk of harm to the public health” under...more
On August 19, 2021, the New Jersey Cannabis Regulatory Commission (the “Commission”) published its long-awaited first set of Personal Use Cannabis Rules (the “Initial Rules”) regarding recreational cannabis use for adults age...more
As the Delta variant of COVID-19 rapidly spreads across the country and offices continue to reopen with the close of summer, questions around mandatory vaccination policies are on the rise. On the heels of federal and local...more
8/19/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Emergency Use Authorization (EUA) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
GINA ,
Reasonable Accommodation ,
Title VII ,
Unions ,
Vaccinations ,
Workplace Safety
On August 16, 2021, Mayor Bill de Blasio executed Emergency Executive Order 225 (“EO 225”) effectuating the recently announced “Key to NYC” vaccination requirement for indoor entertainment, recreation, dining, and fitness...more
8/17/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Executive Orders ,
Masks ,
New York ,
Religious Beliefs ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports
On July 8, 2021, New Jersey Governor Phil Murphy signed three (3) bills into law aimed at further penalizing employers for misclassifying employees as independent contractors. New Jersey employers that engage in employee...more
As we recently blogged, New York recently enacted the New York Health and Essential Rights Act (“HERO Act”), which imposes new health and safety standards and obligations on employers throughout the State. On June 11, 2021,...more
New York continues to move forward rapidly into a post-COVID world. First, on June 11, 2021, Governor Andrew Cuomo signed legislation to amend the New York Health and Essential Rights Act (“HERO Act”) to clarify certain...more
On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance regarding workplace COVID-19 vaccination policies and employee accommodations (the “Updated Guidance”). Among other issues, the...more
6/4/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
GINA ,
Guidance Update ,
Incentives ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety ,
Wrongful Termination
Yet again, the New York State Department of Health updated its COVID-19 Travel Advisory (the “Advisory”) for domestic and international travel on April 10, 2021. As we recently reported, as of April 1, 2021, New York State...more
As part of the American Rescue Plan Act of 2021 (“ARPA”), Congress enacted a temporary Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) subsidy for certain individuals for coverage periods from April 1, 2021...more
New York state recently enacted legislation granting employees paid leave in order to get a COVID-19 vaccine. Now, both private and public employees are entitled to up to four (4) hours of paid leave per injection. The New...more