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.
Read MoreEffective 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.
Read MoreOn 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.
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 MoreAs 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.
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.
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