Law and the Workplace

Category Archives: Coronavirus

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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

New York State Announces Proof of COVID-19 Vaccine or Masking Requirement for All Indoor Public Places

By Evandro Gigante and Laura Fant on Posted in Coronavirus
**UPDATE: On January 24, 2022, a Nassau County State Supreme Court struck down this COVID-19 mask or vaccination requirement statewide. Our post on this decision can be found here.** New York Governor Kathy Hochul has announced that, effective December 13, 2021, masks will be required to be worn in all indoor public places in New … Continue Reading

Federal Judge Blocks Contractor Vaccine Mandate Nationwide

By Guy Brenner and Jacob P. Tucker on Posted in Coronavirus, Workplace Policies and Procedures
UPDATE (2/4/22): On February 2, the Eleventh Circuit scheduled oral argument for April 8. UPDATE (1/27/22): On January 21, 2022, Judge Baker issued an order in response to the federal government’s request for clarification of his order enjoining the federal contractor vaccine mandate nationwide.  Judge Baker’s latest order addressed two inquiries.  First, he declined to … Continue Reading

New York City Announces Private Employer COVID-19 Vaccine Mandate and Expansions to Key to NYC Program

By Evandro Gigante, Laura Fant and Raymond Arroyo on Posted in Coronavirus
***UPDATE: New York City has issued further guidance regarding implementation of the private employer vaccine mandate.  Read more here.*** Mayor Bill de Blasio has announced that New York City will become the first major city in the United States to mandate COVID-19 vaccinations for private sector workers across industries. The mandate will take effect on … Continue Reading

Florida Issues Emergency Rule and Additional Guidance Regarding Vaccine Mandate Exemption Law

By Evandro Gigante, Jurate Schwartz and Laura Fant on Posted in Coronavirus
The Florida Department of Legal Affairs has issued an emergency rule and other additional guidance regarding the recently enacted House Bill HB-1B, which, among other things, requires private employers who mandate COVID-19 vaccination in the workplace to recognize additional exemptions from such vaccine requirements beyond what is required under federal law.  The law, which applies … Continue Reading

DC Enacts (Another) COVID-19 Emergency Leave Law

By Guy Brenner and Arielle E. Kobetz on Posted in Coronavirus
***UPDATE: the Emergency Act has been extended through at least May 4, 2022.*** DC Mayor Muriel Bowser signed into law the COVID Vaccination Leave Emergency Amendment Act of 2021 (“Emergency Act”), which requires employers to provide paid leave to employees and their children for time spent obtaining and, if needed, recovering from side effects of … Continue Reading
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