Law and the Workplace

Category Archives: Coronavirus

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New York City to End Private Employee COVID-19 Vaccine Mandate

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Coronavirus
New York City Mayor Eric Adams has announced that the City’s private employee COVID-19 vaccine mandate will be lifted effective November 1, 2022. As we previously reported, the NYC mandate requires all private workers in New York City who perform in-person work or interact with the public to show proof they have received at least … Continue Reading

Eleventh Circuit Narrows Nationwide Injunction On President Biden’s Contractor Vaccine Mandate

By Guy Brenner, Jacob P. Tucker and Claudia Khoury-Yacoub on Posted in Biden Administration Coverage, Coronavirus
On August 26, the Eleventh Circuit issued its long-awaited decision in State of Georgia, et al v. President of the United States, et al, Case No. 21-14269.  The Eleventh Circuit upheld, but narrowed, an existing nationwide preliminary injunction enjoining enforcement of President Biden’s contractor and subcontractor vaccine mandate.  Specifically, the Court upheld the injunction as … Continue Reading

New York Extends Paid Leave for COVID Vaccinations for an Additional Year

By Evandro Gigante and Laura Fant on Posted in Coronavirus, Leaves of Absences
New York Governor Kathy Hochul has signed into law a bill extending the State’s COVID vaccine paid leave law for an additional year, to December 31, 2023. As we previously reported, the law requires New York employers to provide employees with “a sufficient period of time, not to exceed four hours” of paid leave per … Continue Reading

EEOC Issues New Workplace Guidance Regarding COVID-19 Testing

By Guy Brenner, Evandro Gigante, Laura M. Fant and Lexie Reynolds on Posted in Accessibility & Accommodation, Coronavirus, Workplace Policies and Procedures
On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas relating to COVID-19 and the workplace, including when employees can be required to undergo COVID-19 testing, reasonable accommodations, and parameters around mandatory vaccination programs. … Continue Reading

EEOC Sanctions Employer for GINA Violations Relating to Collection of Employees’ Family Members’ COVID Test Results

By Evandro Gigante and Laura Fant on Posted in Coronavirus, Discrimination, Harassment and Retaliation
On July 6, 2022, the Equal Employment Opportunity Commission (EEOC) announced it has entered into a conciliation agreement with a Florida-based medical practice for violations of the Genetic Information Non-Discrimination Act (GINA) arising out of the practice’s collection of employees’ family members’ COVID-19 testing results. In a press release announcing the agreement, the EEOC stated … Continue Reading

Tennessee Expands Employee Protections Relating to COVID-19 Vaccine Mandates

By Evandro Gigante and Laura Fant on Posted in Coronavirus
Tennessee Governor Bill Lee has signed into law a bill that expands protections for employees who are subject to employer COVID-19 vaccine mandates. The new law supplements existing state law that prohibits private employers and other entities from compelling or otherwise taking “adverse action” against a person to compel the person to provide proof of … Continue Reading

EEOC Releases New Guidance on COVID-related Caregiver Discrimination

By Evandro Gigante, Laura Fant and Raymond Arroyo on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding the treatment of workers with caregiving responsibilities. The new guidance reiterates that while the status of being a caregiver is not a protected … Continue Reading

Massachusetts COVID-19 Emergency Paid Sick Leave Program to End March 15, 2022

By Arielle E. Kobetz, Rebecca Fishbein and Mark W. Batten on Posted in Coronavirus, Leaves of Absences
The Massachusetts Department of Unemployment Insurance has announced that the Massachusetts COVID-19 Emergency Paid Sick Leave (“MEPSL”) will expire on March 15, 2022, and employers have until April 29, 2022 to file their applications for reimbursements. This means employees may continue to take leave under the program through March 15th, but employers then have until … Continue Reading

Mayor Adams Ends Vaccine Requirements For Indoor Dining, Entertainment and Fitness Venues Under Key to NYC Program

By Evandro Gigante, Laura Fant and Raymond Arroyo on Posted in Coronavirus
On February 27, 2022, New York City Mayor Eric Adams announced that he will lift the Key to NYC vaccine requirements for entry to indoor dining, entertainment and fitness venues on March 7, 2022, contingent on COVID-19 indicators continuing to show a low level of risk. As we have previously reported, the Key to NYC … Continue Reading

Governor Hochul Lifts New York State Indoor Mask Mandate

By Evandro Gigante, Laura Fant and Raymond Arroyo on Posted in Coronavirus
On February 9, 2022, Governor Kathy Hochul announced that the statewide indoor mask mandate will expire on February 10, 2022. Governor Hochul noted that while the statewide mandate has been lifted, counties, cities, and individual businesses can elect to continue to voluntarily enforce the mandate or put in place their own masking or other COVID-19 … Continue Reading

New York State Department of Health Provides Self-Attesting Quarantine and Isolation Forms for COVID-19 Quarantine Leave Law Eligibility

By Evandro Gigante, Laura Fant and Raymond Arroyo on Posted in Coronavirus
The New York State Department of Health (NYSDOH) has made available on its website self-attesting quarantine and isolation forms that employees may use to demonstrate eligibility for the state’s COVID-19 quarantine leave law or for other purposes in which they must verify quarantine or isolation for themselves or their child/dependent (such as for return to … Continue Reading

(UPDATED) New York State Court Strikes Down Statewide Mask or Vaccine Requirement for Indoor Public Places

By Steven Hurd, Evandro Gigante, Laura Fant and Rebecca Fishbein on Posted in Coronavirus
***UPDATE: In a whiplash-inducing turn, on January 25, 2022, the New York State Appellate Division granted a stay of the Nassau County court’s decision pending determination of the State’s appeal.  As such, the mask-or-vaccine requirement remains in effect for the moment.  We will continue to monitor and report on further developments.*** On January 24, 2022, … Continue Reading

OSHA Withdraws Emergency Temporary Standard Mandating Vaccination or Testing/Masking Policies for Employers with 100 or More Employees

By Guy Brenner, Laura Fant and Raymond Arroyo on Posted in Coronavirus
OSHA logoOn January 25, 2022, OSHA filed a notice withdrawing its Emergency Temporary Standard (“ETS”).  The ETS had mandated that employers with 100 or more employees require all employees to be fully vaccinated against COVID-19 or to wear face coverings and undergo weekly testing. As we previously reported here, on January 13, 2022, the U.S. Supreme … Continue Reading

New York City and State Update COVID Quarantine and Isolation Guidance to Align With CDC’s Shortened Timeframes

By Evandro Gigante, Laura Fant and Raymond Arroyo on Posted in Coronavirus
CoronovirusOn January 22, 2022, New York City updated its quarantine and isolation guidance to align with the CDC’s recent shortening of both (i) the recommended timeframe for isolation following a COVID-19 diagnosis for individuals regardless of vaccination status, and (ii) the recommended quarantine period following a COVID-19 exposure for vaccinated individuals. New York State has … Continue Reading

U.S. Supreme Court Stays OSHA Vaccine/Testing Mandate for Employers with 100 or More Employees

By Evandro Gigante, Mark Harris, Lexie Reynolds and Raymond Arroyo on Posted in Biden Administration Coverage, Coronavirus, Workplace Safety
UPDATE: On January 25, 2022, OSHA filed a notice withdrawing the Emergency Temporary Standard apart from the extent it serves as a proposed rule under the OSH Act.  For more details, click here. On January 13, 2022, the U.S. Supreme Court, in a per curiam opinion, stayed OSHA’s Emergency Temporary Standard (“ETS”) mandating that employers … Continue Reading

DC Enacts Vaccine Mandate For Certain Indoor Establishments

By Guy Brenner and Arielle E. Kobetz on Posted in Coronavirus
***UPDATE: beginning February 15, 2022, indoor venues will no longer be required to verify that patrons are vaccinated (though businesses may choose to keep vaccination requirements in place). Additional information is available here.*** Starting January 15, 2022, DC will require the following establishments to verify that their guests, visitors and consumers ages 12 and older … Continue Reading

Louisiana Supreme Court Holds The Employment-At-Will Doctrine Dictates That Private Employers May Mandate Employees Get Vaccinated

By Nicole Eichberger, Atoyia Harris and E. Sydney Cone on Posted in Coronavirus
On January 7, 2022—the same day the Supreme Court of the United States heard oral arguments concerning the OSHA workplace vaccine mandate—the Louisiana Supreme Court (“LA Supreme Court” or the “Court”) upheld a private employer’s COVID-19 vaccine mandate, relying on the well-established Louisiana employment-at-will doctrine. The LA Supreme Court found that a private employer is … Continue Reading

CDC Shortens Recommended Isolation and Quarantine Periods for COVID-19 Illness and Exposure

By Steven Hurd, Laura Fant and Melissa C. Felcher on Posted in Coronavirus
CDC LogoOn December 27, 2021, the Center for Disease Control and Prevention (“CDC”) updated its guidance regarding quarantine and isolation periods for the general population after testing positive for or being exposed to COVID-19.  The updated guidance shortens the recommended timeframe for isolation following a COVID-19 diagnosis for individuals regardless of vaccination status.  It also shortens … Continue Reading

New York State Department of Labor Issues Proposed Rule for HERO Act Workplace Safety Committees

By Evandro Gigante, Laura M. Fant, Alex Downie and Raymond Arroyo on Posted in Coronavirus
On December 22, 2021, the New York State Department of Labor (“NYDOL”) issued a proposed rule regarding workplace safety committees under the HERO Act. As we have previously reported, the HERO Act requires all employers in New York State to adopt a prevention plan to protect against the spread of COVID-19 and other airborne infectious … Continue Reading

More Whiplash — DC Brings Back Mask Mandate and Encourages Vaccine Mandates

By Guy Brenner and Arielle E. Kobetz on Posted in Coronavirus
Effective December 21, 2021, through at least January 31, 2022, DC law requires that all individuals wear masks in indoor public spaces, regardless of vaccination status. As we previously reported, just last month DC Mayor Muriel Bowser significantly scaled back the District’s indoor mask mandate, which had required masks in all indoor public places since … Continue Reading

Sixth Circuit Panel Dissolves Stay of OSHA Vaccine/Testing Mandate

By Evandro Gigante, Guy Brenner, Laura M. Fant, Lexie Reynolds and Raymond Arroyo on Posted in Biden Administration Coverage, Coronavirus, Workplace Safety
UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs.  Click here to read more about the Court’s decision.  On … Continue Reading

New York City Issues Guidance on Private Employer COVID-19 Vaccine Mandate

By Evandro Gigante, Steven Hurd, Laura M. Fant, Alex Downie and Caroline Libby on Posted in Coronavirus
On December 15, 2021, New York City released guidance on the private employer vaccine mandate set to take effect on Monday, December 27. As we previously reported, the mandate will require workers in New York City who perform in-person work or interact with the public to show proof they have received at least one dose … Continue Reading
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