Law and the Workplace

Tag Archives: coronavirus

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

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

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

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

**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

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

***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

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

[Podcast]: A COVID-19 Employment Law Update

In this episode of The Proskauer Brief, partners Evandro Gigante and Steve Hurd discuss key developments regarding the COVID-19 pandemic, including employer vaccination policies, the forthcoming OSHA emergency temporary standard and the New York State HERO Act. So be sure to tune in as we explore the latest trends we are seeing in terms of employer-imposed vaccine mandates.  … Continue Reading

New Federal Vaccine Rule:  Wage and Hour Implications

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

Designation of COVID-19 Under New York HERO Act Extended Once Again

***UPDATE: On January 15, 2022, the New York State Commissioner of Health continued the designation of COVID-19 as a “highly contagious communicable disease” pursuant to the HERO Act until February 15, 2022. According to the designation, on February 15, the Commissioner “will review the level of transmission of COVID-19 in New York State and determine … Continue Reading

COVID-19 Designated as an Airborne Infectious Disease under New York State’s HERO Act

***UPDATE: On January 15, 2022, the New York State Commissioner of Health continued the designation of COVID-19 as a “highly contagious communicable disease” pursuant to the HERO Act until February 15, 2022. According to the designation, on February 15, the Commissioner “will review the level of transmission of COVID-19 in New York State and determine … Continue Reading

New York State Announces COVID-19 Vaccination Mandate for Healthcare Workers

***UPDATE: On September 14, 2021, a New York district court issued an order temporarily blocking New York State from enforcing the COVID-19 vaccine mandate “to the extent it categorically requires health care employers to deny or revoke religious exemptions from COVID-19 vaccination mandates.”  The temporary restraining order is currently in effect through October 12, 2021.  … Continue Reading

Additional Guidance Issued on NYC COVID-19 Vaccination Mandate for Workers and Patrons of Indoor Dining, Fitness and Entertainment Venues

***UPDATE – On December 6, 2021, Mayor de Blasio announced a further expansion of the Key to NYC requirements.  Read more about the expanded requirements here.*** As we previously reported, New York City is now mandating COVID-19 vaccination for workers and patrons of indoor dining, indoor fitness, and indoor entertainment venues and performances.  Mayor Bill … Continue Reading

New York City to Mandate COVID-19 Vaccination for Workers and Patrons of Indoor Dining, Fitness and Entertainment Venues

UPDATE: An Executive Order and additional guidance on this mandate has been released by the City of New York.  More information can be found in our post 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 vaccination for workers and … Continue Reading

New York State Issues HERO Act Prevention Standard and Model Plans

On July 6, 2021, the New York State Department of Labor published multiple model documents related to the implementation of the New York HERO Act (the “Act”), which, as we previous reported, requires all employers in New York to adopt a prevention plan to protect against the spread of airborne infectious diseases in the workplace. … Continue Reading

The State of Face Covering Requirements in New York

On June 23, 2021, the New York State Department of Health issued an Emergency Regulation requiring non-fully vaccinated individuals to wear face coverings in workplaces and other public settings. The publication of this Emergency Regulation comes at the heels of Governor Cuomo’s June 15, 2021 announcement that New York Forward industry guidance would become optional, … Continue Reading

Federal Court Upholds Employer’s COVID-19 Vaccine Mandate

On June 12, 2021, a federal District Court in Texas in Bridges, et al v. Houston Methodist Hospital et al, Docket No. 4:21-cv-01774 (S.D. Tex. Jun 01, 2021) dismissed a case challenging a hospital’s mandatory COVID-19 vaccination policy for employees. This is the first court opinion addressing the ability of employers to require employees to … Continue Reading

New York State Issues Updated Reopening Guidance for Offices

***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 indoor event … Continue Reading

Massachusetts Enacts COVID-19 Emergency Paid Sick Leave

CoronovirusLast week, Massachusetts Governor Charlie Baker signed legislation providing for COVID-19 Emergency Paid Sick Leave for Massachusetts employees. Governor Baker vetoed an earlier version of the bill in April. The revised bill, signed into law on May 28, 2021, takes effect on Monday, June 7, 2021. Employees are eligible for COVID-19 Emergency Paid Sick Leave … Continue Reading

EEOC Issues Additional Guidance on COVID-19 Vaccines

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. … Continue Reading

CDC Updates Guidance Regarding Fully Vaccinated Individuals

***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 … Continue Reading

New York State Issues Updated Travel Advisory; Relaxes Travel Restrictions

On April 10, 2021, the New York State Department of Health again updated its COVID-19 Travel Advisory for domestic and international travel. The advisory removes many of the quarantine requirements for domestic and international travelers arriving in New York State and clarifies existing guidance for all travelers. Additional information about the current restrictions on travel … Continue Reading

EEOC Announces Employers Have Until August 23, 2021 to make their 2019 and 2020 EEO-1 Submissions

***August 18, 2021 Update: Following an EEOC extension, employers now have until Monday, October 25, 2021 to submit their 2019 and 2020 EEO-1 filings.  The EEOC has stated this is the final extension and there will be no further extensions*** ***June 28, 2021 Update: Following an EEOC extension, employers now have until Monday, August 23, 2021 … Continue Reading

New York State Issues Guidance on COVID-19 Vaccine Leave Law

The New York State Department of Labor (“NYSDOL”) has issued guidance on the State’s recently enacted COVID-19 vaccine leave law, which went into effect on March 12, 2021.  As we previously reported, the law requires employers to provide employees with “a sufficient period of time, not to exceed four hours” per dose to be vaccinated … Continue Reading

CDC Provides Guidance for Workplace Vaccination Programs

On March 16, 2021, the CDC issued updated guidance for employers regarding COVID-19 vaccinations and the workplace. This guidance focuses on considerations for mandatory vaccination programs, reopening the workplace after employees have been vaccinated, and general best practices regarding vaccinations. Below, we highlight the key aspects of this guidance. Mandating Vaccination Similar to recent guidance … Continue Reading

New York State Announces New COVID-19 Quarantine Guidelines

On March 10, 2021, New York State updated its quarantine guidance for individuals exposed to COVID-19. Under this new guidance, individuals who are fully vaccinated or have recently recovered from COVID-19 are no longer required to quarantine after being exposed to someone with COVID-19, provided that certain conditions are met. This announcement brings New York … Continue Reading
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