On January 7, the U.S. Supreme Court will hear oral arguments pursuant to emergency requests in two cases concerning COVID-19 mandates. One case involves a challenge by a coalition of interest groups and states opposed to the Occupational Safety and Health Administration’s mandate, which requires employees of businesses with 100 or more employees to receive
NYC Clarifies Dec. 27 Vaccine Mandate for all Private Employers
On December 15, New York City issued clarifications to its prior vaccine mandate. As we advised here, the NYC Commissioner of Health previously ordered that, commencing December 27, workers must have received at least one dose of a COVID-19 vaccine to work for a private employer at a NYC workplace. Workers will then have
New NYC Mandates for Private Employers and Indoor Businesses
The New York City Council just passed a new COVID vaccination bill requiring paid leave for parents per child per injection. Additionally, businesses and employees in New York City are subject to new vaccine mandates effective December 27, 2021, based on a recent announcement by outgoing Mayor de Blasio.
The new bill requires New York
Updated Guidance: COVID-19, ADA, Vaccinations, Religious Exemptions and EEO Laws
On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued a new guidance and questions and answers regarding COVID-19 issues confronting employers and employees. The EEOC’s Technical Assistance is entitled “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws.” This Technical Assistance also provides links
OCR Issues Guidance on COVID-19 Vaccination Disclosures and HIPAA
On September 30, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that it issued guidance to clarify that the HIPAA Privacy Rule does not prohibit businesses from asking customers, clients or employees to disclose their COVID-19 vaccination status. OCR felt compelled to weigh in after chronic widespread ignorance of
COVID-19 Designated as a Communicable Disease under New York HERO Act
On September 6, 2021, New York Governor Hochul announced that the New York Commissioner of Health had designated COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health under the New York HERO Act (the “HERO Act”). This new designation requires all New York employers to implement workplace
Delta Variant Prompts Mandatory Vaccinations and Mask Requirements
The Delta variant, which increased COVID cases and hospitalizations, also prompted new federal and local COVID rules and mandates, and required employers to revisit their existing COVID policies.
OSHA announced a new COVID Emergency Standard for health care employers to take effect in July 2021. This new Emergency Standard requires health care employers to address
Healthcare Employers Can Mandate Vaccines, but Some Caution Necessary
An article in the August issue of Healthcare Risk Management, “Healthcare Employers Can Mandate Vaccines, but Some Caution Necessary,” discussed recent federal guidance and court decisions that allow hospitals and other healthcare employers to require COVID-19 vaccines for their employees. Rivkin Radler’s Brian Conneely was quoted in the article.
“Based on recent
NY Department of Labor Issues Airborne Infectious Diseases Model and Standards for Worksites
The New York Department of Labor has issued Model Safety Plans and Standards for airborne infectious diseases. All employers, regardless of size and with a worksite in New York, must adopt a safety plan by August 5, 2021, and must post, distribute and include the plan in their handbooks to all employees and new hires
Recreational Cannabis Statutes’ Impact on NY and NJ Employers
New York and New Jersey recently legalized recreational marijuana within less than 6 weeks of each other. While both acts prohibit employers from taking action against employees at least 21 years old who use marijuana recreationally and restrict employers from denying these employees’ employment rights and privileges based solely on marijuana use, it begs the