OSHA Issues Emergency Temporary Standard on COVID-19 Vaccination & Testing Requirements for Large Private Employers

As employers will recall, earlier this year President Biden announced a six-prong COVID-19 Action Plan, which, among other things, required all employers with 100 or more employees to ensure that their workers are vaccinated or periodically tested for COVID-19. Today, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (the “ETS”) implementing this requirement. Although the ETS imposes a variety of obligations on covered employers, most notably, employers with 100 or more employees are required to either establish a mandatory written vaccination policy for employees, or alternatively establish a written policy whereby unvaccinated employees submit to weekly COVID-19 testing and wear face coverings in the workplace.

Under the ETS, employees must either be fully vaccinated by January 4, 2022, or be subject to the testing requirements discussed below at that time. Other aspects of the ETS, including but not limited to the written policy requirement, face covering requirement, and the additional leave for vaccination and recovery from vaccine side effects, go into effect December 6, 2021.

Amanda BakerNovember 5, 2021Pandemic, Virus, Vaccine, Reasonable Accommodations, Workplace Safety, Paid Time Off, Employee Health

NY Department of Labor Issues Guidance on COVID Vaccine PTO

As we alerted you in our recent advisory, New York now requires employers to provide employees paid time off to get COVID vaccines. In recent guidance, the New York Department of Labor clarified some of the details around this new requirement.

Tonianne FlorentinoMarch 31, 2021Vaccine, Virus, Paid Time Off, Pandemic

Implications of the American Rescue Plan Act of 2021 for Employers: COBRA Subsidies & FFCRA Expansion

On March 11th, President Biden signed the American Rescue Plan Act of 2021 (“ARPA”). Employers should take note of two ARPA provisions in particular: (1) Mandatory COBRA premium subsidies and (2) the expansion and voluntary extension of FFCRA leave.

Amanda BakerMarch 23, 2021COBRA, Virus, Pandemic, Paid Time Off, FMLA

NYS Legislature Passes Paid COVID Vaccination Leave Law

Last week, the New York State Legislature passed a bill which would provide paid leave to employees of private employers to be vaccinated against COVID-19. The law requires employers to provide employees with up to four hours of paid time off per vaccine injection unless the employee receives a greater amount of paid time off under a collective bargaining agreement or pursuant to the employer’s policies.

Kristina GrimshawMarch 8, 2021Pandemic, Virus, Vaccine, Paid Time Off