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
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 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
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
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
Effective March 17, 2022, the New York State Commissioner of Health has ended the designation of COVID-19 as an airborne infectious disease under the New York HERO Act. As a result, employers are no longer required to enforce their workforce safety plans related to COVID-19. With the expiration of the designation of COVID-19 under the … Continue Reading
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
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
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
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
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
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
***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
On 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
On 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
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
***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
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
On 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
**UPDATE: On December 24, 2021, the bill lapsed into law, retroactive to November 2, 2021.** The New York City Council approved a bill that amends the City’s Earned Safe and Sick Time Act to require employers to provide paid COVID-19 child vaccination leave. Without signature from Mayor Bill de Blasio, the bill lapses into law … Continue Reading
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
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
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
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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