OSHA Withdraws Emergency Temporary Standard

Removing mask while showing vaccine card

On January 25, 2022, the Occupational Safety and Health Administration (“OSHA”) announced the withdrawal of its emergency temporary standard (“ETS”) that would have required private sector US employers with 100 or more employees to either mandate COVID-19 vaccinations for their employees or require them to comply with weekly COVID-19 testing and face covering requirements. OSHA’s … Read more

New York State Extends HERO Act Designation and Mask Mandate

Woman in coffee shop working on laptop in mask

As we previously reported, New York State passed the Health and Essential Rights Act (“HERO Act”) to prevent the spread of all airborne infectious diseases in the workplace and establish workplace safety committees. The law requires employers to implement industry-specific airborne infectious disease exposure prevention plans.  Since September 6, 2021, the Department of Health Commissioner … Read more

Supreme Court Strikes Down OSHA’s Vaccine Emergency Temporary Standard

Supreme Court

The United States Supreme Court has blocked the Occupational Safety and Health Administration (“OSHA”) from enforcing the emergency temporary standard (“ETS”) which required businesses with at least 100 employees to ensure workers are vaccinated against the coronavirus or wear masks and undergo weekly COVID-19 testing.  The parties will now go back to the lower courts to … Read more

New York State Department of Labor Adopts Paid Sick Leave Regulations

woman home sick from work in bed

On December 22, 2021, the New York State Department of Labor (“NYSDOL”) adopted the proposed regulations on the New York State Paid Sick Leave (“NYSPSL”) Law.  The regulations addressed the manner in which employees are to be counted for purposes of determining employer coverage under the NYSPSL Law, the extent to which employers can request … Read more

NYC – Private Employer Vaccine Mandate Still in Effect by Mayor Eric Adams

Close up of hand holidng COVID vaccination card

Mayor Eric Adams stated that he will maintain the current vaccine mandate in effect for all employees in New York City. All people who perform in-person work or who interact with the public must have 2 doses of the vaccine (if Moderna or Pfizer) by February 10, 2022 and were already required to have had … Read more

OSHA Updates Its FAQs on the COVID-19 Vaccination and Testing Emergency Temporary Standard

cars waiting for COVID test at drive-thru

As noted in our recent client alert, the Sixth Circuit Court of Appeals lifted the stay on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), and OSHA is currently proceeding with implementation of the ETS. OSHA now has updated its FAQs to clarify that employees have until February 9, 2022 to complete the primary … Read more

New York State Mask or Proof of Vaccine for Entry Mandate for Indoor Venues – Extended until February 1, 2022

Chelsea Market

New York State requires that ALL indoor venues (including offices and other places of business, including vehicles) have one of two mandatory policies: They must either require all who enter to be vaccinated (and provide proof of vaccine), or they must require that everyone, regardless of their vaccine status, wear masks at all times. If … Read more

CDC Updates and Shortens Recommended Isolation and Quarantine Period for Those Infected with or Exposed to COVID-19

woman at home alone looking at phone

On December 27, 2021, the Centers for Disease Control and Prevention (“CDC”) announced new guidance for isolation and quarantine for those infected with, or exposed to, COVID-19.  The CDC has shortened its prior recommendation of isolation and quarantine periods of up to 14 days as follows: Anyone who tests positive for COVID-19 (regardless of vaccination … Read more

NYS Hero Act Overview and Proposed Regulation on the Workplace Safety Committee Requirements

People meeting at work in masks in conference room

On April 23, 2021, the New York legislature passed the Health and Essential Rights (“HERO” or “Act”), which aimed to protect workers and the public from the risks posed by COVID-19 and other airborne infectious diseases by requiring employers with worksites located in New York State to implement specific workplace health and safety standards. The Act was … Read more

Paid Leave for COVID Related Absences

Man at home sick in bed

Notably, the federal COVID leave law, FFCRA, expired on September 30, 2021. Thus, the only COVID-specific paid sick leave law that is still in effect is the NYS Paid COVID-19 leave law. This paid leave must be offered in addition to other leaves if the employee has an order from the proper authorities. The NYS Paid COVID-19 leave … Read more

Federal Court Dissolves Stay of OSHA’s Emergency Temporary Standard


A three-judge panel of the United States Court of Appeals for the Sixth Circuit has dissolved the stay on the Emergency Temporary Standard (“ETS”) applicable to employers with 100 or more employees issued by the Occupational Safety and Health Administration (“OSHA”). As we previously reported, in November 2021, OSHA issued the ETS to minimize the … Read more