Texas Governor Greg Abbott has signed into law SB 7, which bans private employers of any size from imposing or enforcing COVID-19 vaccine mandates as a condition of employment. The law will take effect on February 6, 2024....more
11/28/2023
/ Adverse Action ,
Contractors ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Exceptions ,
Governor Abbott ,
Health Care Providers ,
Healthcare Facilities ,
State Bans ,
Texas ,
Vaccinations
On May 11, 2023, Governor Ron DeSantis signed into law a “medical freedom” bill (SB 252), which amends and expands the existing Florida statute Section 381.00316, prohibiting businesses from requiring their customers and...more
On May 15, 2023, the Equal Employment Opportunity Commission (“EEOC”) released updates to its “technical assistance” on COVID-19-related discrimination concerns in the workplace. The updated guidelines come in response to...more
As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency. However, the rollback of COVID-19 requirements was already underway in many state and municipal...more
5/9/2023
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Sick Leave ,
Vaccinations ,
Virus Testing ,
Workplace Safety
New York City Mayor Eric Adams has announced that the City’s private employee COVID-19 vaccine mandate will be lifted effective November 1, 2022.
As we previously reported, the NYC mandate requires all private workers in...more
New York Governor Kathy Hochul has signed into law a bill extending the State’s COVID vaccine paid leave law for an additional year, to December 31, 2023.
As we previously reported, the law requires New York employers to...more
On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas...more
Tennessee Governor Bill Lee has signed into law a bill that expands protections for employees who are subject to employer COVID-19 vaccine mandates.
The new law supplements existing state law that prohibits private...more
3/17/2022
/ Adverse Employment Action ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
Reasonable Accommodation ,
State Labor Laws ,
Tennessee ,
Vaccinations ,
Workplace Safety
On February 27, 2022, New York City Mayor Eric Adams announced that he will lift the Key to NYC vaccine requirements for entry to indoor dining, entertainment and fitness venues on March 7, 2022, contingent on COVID-19...more
3/1/2022
/ City of New York ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Venues ,
Health and Safety ,
Infectious Diseases ,
Local Ordinance ,
Public Health Emergency ,
Re-Opening Guidelines ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
***UPDATE: In a whiplash-inducing turn, on January 25, 2022, the New York State Appellate Division granted a stay of the Nassau County court’s decision pending determination of the State’s appeal. As such, the...more
On January 13, 2022, the U.S. Supreme Court, in a per curiam opinion, stayed OSHA’s Emergency Temporary Standard (“ETS”) mandating that employers with 100 or more employees require all employees to be fully vaccinated against...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, dissolved the stay previously placed on OSHA’s Emergency Temporary Standard (“ETS”) by the Fifth Circuit. The ETS mandates employers with 100 or...more
12/20/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 15, 2021, New York City released guidance on the private employer vaccine mandate set to take effect on Monday, December 27. As we previously reported, the mandate will require workers in New York City who perform...more
New York Governor Kathy Hochul has announced that, effective December 13, 2021, masks will be required to be worn in all indoor public places in New York State unless the business or venue requires proof of full vaccination...more
12/13/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Masks ,
New York ,
Personal Protective Equipment ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
Mayor Bill de Blasio has announced that New York City will become the first major city in the United States to mandate COVID-19 vaccination for private sector workers across industries. The mandate will take effect on...more
The Florida Department of Legal Affairs has issued an emergency rule and other additional guidance regarding the recently enacted House Bill HB-1B, which, among other things, requires private employers who mandate COVID-19...more
In this episode of The Proskauer Brief, partners Evandro Gigante and Steve Hurd discuss key developments regarding the COVID-19 pandemic, including employer vaccination policies, the forthcoming OSHA emergency temporary...more
11/12/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Employer Responsibilities ,
Employment Policies ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Labor Regulations ,
OSHA ,
Safety Standards ,
Vaccinations ,
Workplace Safety
On November 4, 2021, OSHA released an “unpublished” version of its new Emergency Temporary Standard (“ETS”) mandating that employers with 100 or more employees require all employees get fully vaccinated against COVID-19 or be...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On October 25, the EEOC issued updated and expanded guidance regarding the obligations of employers under Title VII of the Civil Rights Act of 1964 (“Title VII”) when an employee presents with a religious objection to a...more
10/26/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
Texas Governor Greg Abbott has issued an Executive Order (GA-40) prohibiting the enforcement of COVID-19 vaccine mandates in Texas against employees and customers of private businesses who object on certain bases, including...more
On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Management Plans ,
Employer Liability Issues ,
Entertainment Venues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Popular ,
Vaccinations ,
Workplace Safety
New York Governor Andrew Cuomo has announced that all healthcare workers in New York State must receive at least one dose of a COVID-19 vaccine by September 27, 2021. The mandate includes staff at hospitals and long-term care...more
8/18/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
New York ,
Nursing Homes ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
As we previously reported, New York City is now mandating COVID-19 vaccination for workers and patrons of indoor dining, indoor fitness, and indoor entertainment venues and performances. Mayor Bill de Blasio has issued an...more
8/18/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Entertainment Venues ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Local Ordinance ,
New York ,
Public Health Emergency ,
Resorts & Restaurants ,
Vaccinations ,
Workplace Safety
The Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. The updated guidance largely aligns with the...more
8/17/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
Mayor Bill de Blasio has announced that New York City will become the first major city in the United States to mandate COVID-19 vaccination for workers and patrons of indoor dining, indoor fitness, and indoor entertainment...more