Supreme Court Strikes Down OSHA’s Vaccine Emergency Temporary Standard

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 […]

New York State Department of Labor Adopts Paid Sick Leave Regulations

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 […]

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

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 […]

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

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 […]

Paid Leave for COVID Related Absences

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 […]

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 […]

Medical and Religious Exemptions for Vaccine Mandates

An employer is not prevented from requiring all employees physically entering the workplace to be fully vaccinated against COVID-19.  In some circumstances, Title VII and the ADA require an employer to provide reasonable accommodations for employees who, because of a disability or a sincerely held religious belief, practice, or observance, do not get vaccinated against […]

New York City Publishes Private Employer Vaccine Mandate Regulations

Beginning December 27, 2021, all workers in New York City who perform in-person work or interact with the public in the course of business must show proof they have received at least one dose of a COVID-19 vaccine. Workers will then have 45 days to show proof of their second dose (for Pfizer or Moderna […]