NYC Revises Guidance for Private Worker Vaccine Mandate

As employers may recall, on December 6, 2020, Mayor De Blasio announced a mandatory vaccination order for all New York City employers and on December 15, 2021 the text of that order, and the related guidance, was issued by the City. On December 23, 2021, NYC revised its FAQS for Covered Entities and Guidance on Accommodations for Workers related to this order. Significantly, these FAQS confirm that even employers who are covered by the OSHA Emergency Temporary Standard for large private employers must comply with this New York City order, meaning that their workers must be vaccinated to gain entrance to a workplace if they do not have a reasonable accommodation and there is no alternative testing option.

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COVID-19 Update: Sixth Circuit Dissolves Stay of OSHA ETS; NYC Child Vaccination Leave and COVID Designation Extended under HERO

The 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.

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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.

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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.

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