***June 16, 2021 Update: On June 15, Governor Cuomo announced that 70% of adult New Yorkers have received the first dose of a COVID-19 vaccine. As a result, the New York Forward industry guidance is now optional for offices, retail, food services, gyms, and other commercial settings. The guidance remains mandatory for large-scale
***UPDATE: on June 11, 2021, Governor Cuomo signed the HERO Act amendments into law. As discussed below, section 1 of the Act takes effect on July 5, 2021, though employers are not required to adopt an airborne infectious disease exposure prevention plan until the state issues its model. Section 2 (permitting the creation of
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 vaccination policies; (2) accommodations; (3) information about employee vaccination status; and (4) vaccine incentives. Below, we highlight the key guidance on each topic.
***UPDATE: OSHA announced that it is carefully reviewing the CDC’s guidance and is in the process of updating its guidance to employers. Until those updates are released, OSHA instructs employers to refer to the CDC’s guidance for information on how to protect fully vaccinated employees.
Additionally, Governor Cuomo announced that New York will adopt the
***UPDATE: Governor Cuomo signed the HERO Act into law on Wednesday, May 5, 2021. The Act is currently scheduled to take effect on June 4, 2021; however, section two of the Act, which permits the creation of a joint employer-employee workplace health and safety committee (as discussed below), takes effect on November 1, 2021. On
***UPDATE: On May 21, 2021, OSHA published a new FAQ establishing that employers do not need to record adverse reactions from COVID-19 vaccines on their OSHA 300 Logs, at least through May of 2022. The enforcement position applies regardless of whether an employer requires, recommends, or incentivizes employees to receive the vaccine.
On April 20,