Over the weekend, the New York State Commissioner of Health (the “Commissioner”) extended the designation of COVID-19 as a highly contagious communicable disease under the HERO Act until February 15, 2022. The Commissioner will again review the level of transmission of COVID-19 in New York State on approximately February 15th and determine whether to continue this designation.
Read MoreOn January 13, the Supreme Court issued two opinions related to national vaccination mandates: staying enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) and staying the preliminary injunctions which were issued on the Center for Medicare and Medicaid Services’ (CMS) rule requiring vaccination for employees of facilities who receive Medicare and Medicaid funding. While not the final word on these requirements, these rulings demonstrate the likely outcome of these legal challenges. The result of these rulings is that many employers will be left subject to myriad state and local requirements related to vaccination, testing, and masking.
Read MoreAs employers may recall, Section 2 of New York State’s HERO Act requires employers to permit employees to form a joint labor-management workplace safety committee. These obligations took effect on November 1, 2021. On December 22, 2021, the DOL issued proposed regulations for Section 2.
Read MoreThe employment law landscape is ever-changing when it comes to COVID-19 and compliance issues. This alert summarizes some recent key developments: the dissolution of the stay on the OSHA vaccinate or test mandate, the passage of child vaccination leave for COVID-19 in NYC, and the extension of the designation of COVID-19 as an airborne infectious disease for HERO Act purposes.
Read MoreOn December 6, Mayor De Blasio announced a mandatory vaccination order for all New York City employers. The text of that order, and the related guidance, has now been issued by the City.
The order applies to any non-governmental employer with more than one worker in New York City or who maintains a workplace in New York City, including self-employed individuals or sole practitioners who work at a workplace or who interact with workers or the public in the course of their business (collectively, “covered entities”). Covered entities must require workers to provide proof of vaccination against COVID-19 before entering the workplace (subject to the reasonable accommodation process discussed below). The FAQs make clear that by December 27, workers only need to submit proof of one vaccination dose; however, if a second-dose would be required to be considered fully vaccinated, proof of the second dose must be submitted within 45 days.
Read MoreToday, Mayor De Blasio announced a major expansion to the Key to the City program. By December 27, all employees of private employers in NYC must receive one dose of a COVID-19 vaccine. In a press conference earlier today, Mayor De Blasio emphasized the effectiveness of vaccines and the need to keep people safe and avoid further shut down measures as some of the reasons for this order. Mayor De Blasio stated that the administration would be speaking with local business over the next few days about how to implement this program, emphasizing that he wants to have a collaborative process.
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