NYC Issues Mandatory Vaccination Order and Related Guidance

On 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.

Kristina GrimshawDecember 15, 2021Pandemic, Virus, Vaccine, Workplace Safety, Reasonable Accommodations, Return to Work

New York State Announces Masking Mandate for All Indoor Public Places

Today, New York Governor Kathy Hochul announced a mandate concerning masking in indoor public places. While the text of the order has not yet been issued, the press release indicates that masks will be required in all indoor public places unless the business or venue implements a vaccine requirement. This mandate will take effect on December 13, 2021, and will be reassessed on January 15, 2022.

Caroline SecolaDecember 10, 2021Vaccine, Pandemic, Workplace Safety

NYC Vaccination Mandate

Today, 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.

Kristina GrimshawDecember 6, 2021Vaccine, Virus, Employee Health

New York State Passes Phone, Email, and Internet Monitoring Notice Law

On November 8, 2021, New York Governor Kathy Hochul signed a bill into law which requires employers to provide notice to employees of the employer’s electronic monitoring of telephone, email, and internet access and usage. This law will go into effect on May 7, 2022.

Under this law, all private employers with a place of business in New York State must provide written notice to all new employees, upon hire, if they plan to monitor or intercept telephone or email communications or internet access or usage by the employee.

Caroline SecolaNovember 22, 2021Handbooks, Onboarding, Employee Monitoring

Fifth Circuit Stays OSHA ETS

On November 5th, the Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to implement policies either mandating vaccination or requiring employees to wear face coverings and engage in COVID-19 testing. The Court of Appeals for the Fifth Circuit initially stayed the ETS on November 6th, pending expedited judicial review. On November 12th, the Court reaffirmed their initial stay, finding that the challenges “show a great likelihood of success on the merits.” Specifically, the Court noted that “emergency temporary standards ‘are an unusual response to exceptional circumstances’”, and that this ETS “grossly exceeds OSHA’s statutory authority”.

Kristina GrimshawNovember 15, 2021Workplace Safety, Employee Health, Pandemic, Virus, Vaccine

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