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New York HERO Act Enhanced Workplace Safety Committee Enforcement Provisions Enacted

On December 28, 2022, New York Governor Kathy Hochul signed into law Senate Bill 9450, which added new enforcement provisions to the New York Health And Essential Rights Act’s (NY HERO Act) workplace safety committee...more

Is the COVID-19 Pandemic Over? For Employers, Not Yet

For more than two and a half years, employers across the country have navigated a nuanced web of legal requirements and guidance to safely operate during the global COVID-19 pandemic. Recent updates to the legal landscape at...more

No Vax? No Problem. NYC’s COVID-19 Vaccine Mandate for Private Employers Will End as of November 1st, 2022

On September 20, 2022, Mayor Eric Adams announced that New York City’s COVID-19 vaccine mandate for private employers is ending.  The City’s mandate for municipal employees, however, will remain in effect....more

CDC Eliminates Quarantine Requirements for COVID-19 Exposure

After two and a half years of promoting protocols aimed at reducing transmission of coronavirus, on August 11, 2022, the CDC eliminated its recommendation that people quarantine after exposure to COVID-19 and updated other...more

EEOC Walks Back its Advice on When Workplace COVID Testing is Appropriate

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) yet again updated its COVID-19 FAQs, revising earlier guidance about worksite screening through viral testing for COVID-19, modifying some Q&As, and...more

New York HERO Act Designation Over, Six Months Later

The New York HERO Act website was quietly updated on the afternoon of March 18, 2022 to confirm that the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health has...more

New York HERO Act COVID-19 Designation Extended Again: Safety Plans Required through March 17, 2022

New York employers seeking further relaxation of COVID-19 mitigation protocols after the recent lifting of a statewide mask mandate will have to wait. The designation of the virus as a “highly contagious communicable disease...more

Mask Off: New York Governor Drops Mask Mandate, for Now

On February 9, 2022, New York Governor Kathy Hochul announced that she would let the New York mask mandate lapse on its Thursday, February 10, 2022 expiration date. The Governor’s lifting of the statewide rule, which required...more

Vaccine Requirements – United States

In the United States, the federal government has faced challenges in imposing vaccination mandates for large private employers, federal contractors, and certain health care employees. Because of that, choices around...more

New York HERO Act “Standard” Formally Adopted as Emergency Rule

As we have previously explained, pursuant to Section 1 of the NY HERO Act, employers were required to prepare an airborne infectious disease exposure plan, and implement such plans when the New York State Commissioner of...more

Keep Your Safety Plans in Place: New York HERO Act COVID-19 Designation Extended Until February 15, 2022

The New York State Acting Commissioner of Health has extended the designation of COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health under the NY HERO Act until February...more

Supreme Court Rejects OSHA Vax-or-Test ETS for Large Employers but Allows CMS Vax Rule for Health Care Workers

As explained in greater detail by our colleague Stuart M. Gerson, the Supreme Court of the United States handed down two major, and quickly decided, rulings on January 13, 2022. After hearing oral arguments only six days...more

DOL Issues New York HERO Act Workplace Safety Proposed Rule, Including Workplace Safety Committee Requirements

On December 22, 2021, the New York State Department of Labor (NY DOL) issued the long-awaited proposed rule (Proposed Rule) regarding the workplace safety committees that are required by the New York HERO Act (HERO Act)....more

NYC Employers Take Note: NYC Updates Private Employer Vaccine Guidance

New York City’s private employer vaccine mandate became effective Monday. December 27, 2021 and, the City has updated its FAQs document and the Accommodations Guidance document (“Guidance”)....more

Sixth Circuit Lifts Injunction on OSHA’s COVID-19 ETS—New Enforcement Deadlines Announced

On December 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit lifted the nationwide injunction against the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) issued by...more

NYC Releases Guidance for Private Employers on the New Vaccine Mandate

On December 15, 2021, New York City followed up on the recently announced vaccine mandate for private employers by releasing further details, including several guidance documents and mandatory signage. The New York City...more

Keep Your Safety Plans in Place: New York HERO Act Requirements Extended Once Again

The Commissioner of the New York Department of Health has extended the designation of COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health under the NY HERO Act until...more

CMS Issues Guidance on COVID-19 Testing in the Workplace

Important guidance regarding COVID-19 testing in the workplace was recently issued by the Centers for Medicare & Medicaid Services (“CMS”) in the form of Frequently Asked Questions regarding Over the Counter (“OTC”) Home...more

New York Governor Reinstates Mask Mandate

Today, New York Governor Kathy Hochul announced a new mask mandate for private businesses that do not require proof of vaccination for entry, which will take effect Monday, December 13, 2021 and remain in place through...more

Circuit Court Stays Enforcement of OSHA’s Emergency Temporary Standard and OSHA Complies—More Developments Anticipated This Week

On Friday, November 12, 2021, a panel of the U.S. Court of Appeals for the Fifth Circuit issued a strongly worded decision granting a motion to prevent the Occupational Safety and Health Administration (OSHA) from...more

Circuit Court Blocks OSHA Emergency Temporary Standard, at Least for Now – Stay Tuned

As we previously reported, effective November 5, 2021, the Occupational Safety & Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to ensure that covered...more

Biden’s Vaccine Mandate Rules Are Out and the Deadlines to Comply Are Sooner Than You Think: What Employers Need to Know Now

On November 4, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released the long-awaited COVID-19 Emergency Temporary Standard (ETS) for employers with 100 or more employees. At the...more

New York State Department of Labor Releases Updated New York HERO Act FAQs

As we previously reported, as of September 6, 2021, all New York HERO Act (“HERO Act”) airborne infectious disease exposure prevention plans (“Safety Plans”) must be implemented due to COVID-19 being designated as a serious...more

New York State Updates General Model Form of HERO Act Safety Plan

On September 23, 2021, the New York State Department of Labor (“NYSDOL”) released an update to its general model airborne infectious disease exposure prevention plan (“model plan”) for employers’ use in complying with the NY...more

All New York HERO Act Safety Plans Must Be Placed Into Effect: Health Screening, Physical Distancing, and Mask Wearing to Be...

On September 6, 2021, New York Governor Kathy Hochul announced that she has designated COVID-19 a serious public health risk under the NY HERO Act (“HERO Act”). As we have previously reported, the HERO Act, which was signed...more

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