Law and the Workplace

Tag Archives: COVID-19

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

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

Federal District Court Says Pre-Shift COVID Screening Time Not Compensable

By Allan Bloom on Posted in FLSA, Wage and Hour
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

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

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

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

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

[Podcast]: A COVID-19 Employment Law Update

By Evandro Gigante and Steven Hurd on Posted in Coronavirus, The Proskauer Brief Podcast
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

By Allan Bloom on Posted in Biden Administration Coverage, Coronavirus, FLSA, Wage and Hour, Workplace Policies and Procedures, 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

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

By Evandro Gigante and Laura Fant on Posted in Coronavirus, Workplace Policies and Procedures, Workplace Safety
***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

EEOC Issues Additional Guidance on Religious Objections to COVID-19 Vaccine Mandates

By Evandro Gigante and Alex Downie on Posted in Coronavirus
On October 25, the EEOC issued updated and expanded guidance regarding the obligations of employers under Title VII of the Civil Rights Act of 1964 (“Title VII”) when an employee presents with a religious objection to a mandatory COVID-19 vaccination policy. The guidance builds upon prior EEOC guidance regarding COVID-19 vaccinations in the employment context. … Continue Reading
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