Supreme Court Rules on OSHA Vaccinate or Test ETS & CMS Vaccination Rule

On 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.

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NYC Enacts Restrictions on Employer Use of Automated Employment Decision Tools

Effective January 1, 2023, employers in New York City who use machine learning, data analytics, and other artificial intelligence tools to make employment decisions will be subject to new audit and notice requirements. While Illinois and Maryland have enacted laws requiring applicant consent prior to using facial recognition software and artificial intelligence to analyze video interviews, the New York City law is the first of its kind to require that employers have their artificial intelligence tools audited.

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NYC Employers May Soon be Required to Post Minimum and Maximum Salary in Job Postings

On December 15, 2021, the New York City Council approved a bill that, if enacted, would require New York City employers to include the minimum and maximum salary in job postings. The Mayor has not yet signed the bill. This is the latest attempt by NYC to promote greater pay transparency and is part of a broader trend across the country of salary disclosure laws.

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