Tag Archives: coronavirus
Federal District Court Says Pre-Shift COVID Screening Time Not Compensable
In the first reported decision we’ve seen addressing the issue head on, a federal district court in California dismissed a putative collective action claim under the Fair Labor Standards Act (FLSA) seeking payment for time spent in pre-shift COVID screening. Prior to clocking in each day, the plaintiff—a non-exempt truck driver whose job duties included … Continue Reading
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
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 February 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 March 17, 2022. According to the designation, on March 17, 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 February 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 March 17, 2022. According to the designation, on March 17, 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
Last 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
New York State Issues Updated Travel Advisory; Relaxes Travel Restrictions
EEOC Announces Employers Have Until August 23, 2021 to make their 2019 and 2020 EEO-1 Submissions
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
