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
2/8/2022
/ Complaint Procedures ,
Coronavirus/COVID-19 ,
Covered Entities ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Exemptions ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Vaccinations ,
Workplace Safety
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
The city (and state) that never sleeps kept busy last year, enacting various laws that affect New York State and City employers in 2022. Below are some of the more recent enactments that employers should pay particular...more
1/10/2022
/ Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Health and Essential Rights (HERO) Act ,
Human Resources Professionals ,
Masks ,
Minimum Salary ,
New York ,
Paid Time Off (PTO) ,
Sick Leave ,
State and Local Government ,
Whistleblower Protection Policies ,
Whistleblowers
As we previously reported, New York was one of the first states to require employers to provide paid COVID-19 vaccination leave for public and private employees. On November 23, 2021, the New York City Council approved a...more
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
12/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
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
Employers that monitor their employees’ electronic activities should note that New York State will soon require employers to (i) provide written or electronic notice to employees upon hiring of such monitoring in the...more
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
On November 4, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule (the “Rule”) requiring COVID-19 vaccination for staff at Medicare- and Medicaid-certified providers and suppliers. The...more
11/8/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health Care Providers ,
Healthcare ,
Healthcare Workers ,
Hospitals ,
Human Resources Professionals ,
Medicaid ,
Medicare ,
Physicians ,
Vaccinations
As we previously advised, the City of New York amended its Fair Chance Act (“FCA”)—also known as the “ban the box” law—which limits the types of inquiries employers can make regarding criminal history during the hiring...more
The clock is now running: New York employers have until August 5, 2021, to adopt workplace safety plans, in accordance with the NY HERO Act (“Act”). As we previously reported, Governor Andrew Cuomo signed the Act into law on...more
7/12/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Cuomo ,
Human Resources Professionals ,
Infectious Diseases ,
New York ,
Personal Protective Equipment ,
Policies and Procedures ,
Re-Opening Guidelines ,
Social Distancing ,
Workplace Safety
Last week, New York Governor Andrew Cuomo announced that the state disaster emergency he declared on March 7, 2020, due to COVID-19 would officially end after June 24, 2021. He then signed Executive Order No. 210, which...more
7/1/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
Governor Cuomo ,
Human Resources Professionals ,
New York ,
Personal Protective Equipment ,
Safety Precautions ,
State and Local Government ,
State of Emergency ,
Vaccinations ,
Workplace Safety
At long last, on June 8, 2021, the New York State Department of Health (“DOH”) released an update to Interim Guidance previously issued on May 15, 2021, containing current recommendations for employers that operate in an...more
6/11/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
New York ,
Personal Protective Equipment ,
Popular ,
Vaccinations ,
Workplace Safety
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the release of updated guidance regarding the COVID-19 vaccine, providing welcome clarity around a number of vaccine-related issues for...more
Welcome to #WorkforceWednesday. This week, we focus on the Centers for Disease Control and Prevention's (CDC's) new guidance for vaccinated individuals and what it means for accommodations.
Employers Navigate New CDC...more
5/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Masks ,
New Guidance ,
Public Accommodation ,
Reasonable Accommodation ,
Remote Working ,
Social Distancing ,
Vaccinations ,
Workplace Safety
Taking the lead on permanently enshrining COVID-19-related health and safety protocols into law, on May 5, 2021, New York Governor Andrew Cuomo signed A2681B/S1034—the Health and Essential Rights Act (“HERO Act” or “Act”)....more
5/14/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Cuomo ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
New York ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Workplace Safety
On April 8, 2021, New Mexico’s Governor, Michelle Lujan Grisham, signed House Bill 20, the Healthy Workplaces Act (“Act”). Effective July 1, 2022, all private employers must provide eligible employees in New Mexico up to 64...more
On March 11, 2021, President Biden signed H.R. 1319, the American Rescue Plan Act of 2021 (“Act”), into law. Among other things, the $1.9 trillion stimulus package extends and enhances the Families First Coronavirus Response...more
As we recently reported, as of March 12, 2021, all private employers in New York must provide their employees with up to four hours of paid leave to get each COVID-19 vaccination shot. The State has now released guidance on...more
New York employers no longer have to ponder if and how they should incentivize their employees to get vaccinated. Effective March 12, 2021, Senate Bill S2588A creates Labor Law Section 196-C, “Leave for COVID-19 Vaccination”...more
On January 10, 2021, Int. 1314-A (“Law”) was enacted, and it goes into effect on July 28, 2021. The Law significantly expands job applicants’ protections under New York City’s Fair Chance Act (“FCA”), otherwise known as the...more
3/11/2021
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
New York ,
State and Local Government
Among other provisions, the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) mandates that covered employers generally must provide employees on USERRA leave with the same “rights and benefits”...more
The New York City Council is planning to evaluate how effectively both the City, as an employer, and private employers disseminated and implemented COVID-19 workplace guidance over the past year with the goal of strengthening...more
Mayor Bill de Blasio recently signed two bills, Int. No. 1415-A and Int. No. 1396-A, into law (collectively, the “Laws” or “Law”) that will have a dramatic impact on fast-food employment. Effective July 4, 2021, the Laws will...more