Law and the Workplace

Tag Archives: Vaccine

COVID-19 and the Workplace: Where Do We Stand?

By Evandro Gigante, Jurate Schwartz, Laura Fant, Arielle E. Kobetz and Raymond Arroyo on Posted in Coronavirus, Workplace Policies and Procedures, Workplace Safety
CoronovirusAs 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was already underway in many state and municipal legislatures, with some requirements having previously been repealed or with others scheduled to (or already having) sunset.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

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

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

(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

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

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 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

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

Texas Governor Issues Executive Order Aimed at Prohibiting Vaccine Mandates for Private Employers

By Evandro Gigante and Laura Fant on Posted in Coronavirus, Workplace Policies and Procedures
Texas Governor Greg Abbott has issued an Executive Order (GA-40) prohibiting the enforcement of COVID-19 vaccine mandates in Texas against employees and customers of private businesses who object on certain bases, including “personal conscience.” Effective immediately, GA-40 states: “No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee … Continue Reading

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

By Evandro Gigante, Harris Mufson, Laura Fant, Alex Downie and Megan Childs on Posted in Coronavirus
***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

By Evandro Gigante, Harris Mufson and Laura Fant on Posted in Coronavirus
***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

By Evandro Gigante, Harris Mufson and Laura Fant on Posted in Coronavirus
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

DOJ Memo: The Food, Drug, and Cosmetic Act Does Not Prohibit Entities from Requiring Vaccines Subject to an EUA

By Evandro Gigante and Alex Downie on Posted in Coronavirus
In a memo dated July 6, 2021, the DOJ’s Office of Legal Counsel concluded that the COVID-19 vaccines’ status as products authorized for emergency use does not prohibit public and private entities from requiring them as a condition of employment, education, or receipt of services. This memo comes on the heels of a recent decision … Continue Reading

Federal Court Upholds Employer’s COVID-19 Vaccine Mandate

By Evandro Gigante, Alex Downie and Rebecca Fishbein on Posted in Coronavirus
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

EEOC Issues Additional Guidance on COVID-19 Vaccines

By Evandro Gigante, Harris Mufson, Abigail Rosenblum, Alex Downie and Julia Hollreiser on Posted in Accessibility & Accommodation, Coronavirus, Workplace Safety
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

OSHA Issues Guidance on Employer Recording Obligations Regarding Mandatory Vaccination Programs

By Harris Mufson and Arielle E. Kobetz on Posted in Coronavirus, Workplace Policies and Procedures
***UPDATE: On May 21, 2021, OSHA published a new FAQ establishing that employers do not need to record adverse reactions from COVID-19 vaccines on their OSHA 300 Logs, at least through May of 2022.  The enforcement position applies regardless of whether an employer requires, recommends, or incentivizes employees to receive the vaccine. On April 20, … Continue Reading

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

By Evandro Gigante, Arielle E. Kobetz and Alex Downie on Posted in Coronavirus, Leaves of Absences
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

By Evandro Gigante, Harris Mufson, Alex Downie and Julia Hollreiser on Posted in Coronavirus
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
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