As addressed in our prior client alert, the NY HERO Act was signed by Governor Cuomo in May of 2021 and requires employers to create a written plan to prevent airborne infectious diseases in the workplace. This written plan must be utilized when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health. On July 7, 2021, the Department of Labor (“DOL”) published standards addressing the requirements imposed by the NY HERO Act, a general Model Airborne Infectious Disease Exposure Prevention Plan (the “Model Plan”), and industry-specific model plans. Employers must adopt the Model Plan or develop an alternative plan by August 6, 2021.
Read MoreMany employers who are in the process of reopening their workplaces are considering whether to mandate, or simply encourage, vaccination against COVID-19. The EEOC has recently issued guidance which permits employers to mandate vaccination without violating the federal anti-discrimination laws, provided that the employer grants reasonable accommodations for disability, religious, and pregnancy-based needs. However, the potential for litigation on other grounds has still given employers pause. A recent decision from Texas provides further support for employers contemplating mandatory vaccination policies.
Read MoreAs many New York employers are aware, last month Governor Cuomo signed the HERO Act which will require employers to create a policy to prevent airborne infectious diseases in the workplace, based on standards issued by the Department of Labor (DOL). The Act also permits employees to form a joint labor-management workplace safety committee to address health and safety issues in the workplace. Governor Cuomo’s signature on the bill was reportedly conditioned on the Legislature enacting certain amendments to the Act, including adjusting the timeline for implementation of the airborne infectious disease prevention standards. Identical bills were proposed in the Senate and Assembly and so the amendments are expected to pass. However, as of today, these amendments have only passed the state Senate and are under consideration by the Assembly. Below are the highlights of the proposed changes.
Read MoreAs addressed in our prior client alert, earlier this year, the Equal Employment Opportunity Commission (“EEOC”) issued guidance for employers on how the COVID-19 vaccine interacts with federal anti-discrimination laws, such as the Americans with Disabilities Act (“ADA”), the Genetic Information Nondiscrimination Act (“GINA”), and Title VII. Employers have been eager for additional direction from the EEOC as the vaccine has become more widely available, and many employees have begun returning to the office. Last Friday, the EEOC issued additional guidance on these topics.
Read MoreYesterday, Governor Cuomo signed the HERO Act, which, among other things, will require employers to comply with standards issued by the Department of Labor (DOL) to prevent airborne infectious diseases in the workplace. Governor Cuomo has reportedly reached an agreement with the Legislature to make certain technical changes to the bill, including giving the DOL and employers more specific instructions for developing and implementing the workplace standards and a clear timeline.
Read MoreLast week, the New York State Legislature passed legislation focused on health and safety in the workplace. Specifically, the bill requires that the Commissioner of Labor and Department of Health create an airborne infectious disease standard for all private employers which must be disseminated to all employees. The law also permits employees to create joint employer-employee workplace safety committees to raise health and safety issues and evaluate the health and safety protocols of the workplace.
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