Tag Archives: COVID-19
Do We Have to Pay for That? Part 3—Employee Expenses
In this blog series, we look at a variety of activities and items and discuss whether an employer has an obligation to pay for them (or the time employees spend in them). In our first installment of this series, we looked at the compensability of time spent by employees in COVID-19 vaccination, testing, and screening … Continue Reading
Florida Expands Ban on Vaccination, Testing and Masking Mandates
EEOC Issues Updated “Capstone” Guidance on COVID-19 After Declaration of End of Public Health Emergency
On May 15, 2023, the Equal Employment Opportunity Commission (“EEOC”) released updates to its “technical assistance” on COVID-19-related discrimination concerns in the workplace. The updated guidelines come in response to President Biden recently signing legislation that ended the COVID-19 National Emergency. EEOC Chair Charlotte A. Burrows called this installment of “the capstone to our comprehensive … Continue Reading
COVID-19 and the Workplace: Where Do We Stand?
As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency. However, the rollback of COVID-19 workplace requirements was already underway in many state and municipal legislatures, with some requirements having previously been repealed or with others scheduled to (or already having) sunset. With this transition, employers are … Continue Reading
New York City to End Private Employee COVID-19 Vaccine Mandate
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
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
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 Ends Designation of COVID-19 Under the HERO Act
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 Expands Employee Protections Relating to COVID-19 Vaccine Mandates
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
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
Mayor Adams Ends Vaccine Requirements For Indoor Dining, Entertainment and Fitness Venues Under Key to NYC Program
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
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
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
***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
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
New York City and State Update COVID Quarantine and Isolation Guidance to Align With CDC’s Shortened Timeframes
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
CDC Shortens Recommended Isolation and Quarantine Periods for COVID-19 Illness and Exposure
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
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
Sixth Circuit Panel Dissolves Stay of OSHA Vaccine/Testing Mandate
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
