The Supreme Court has stayed OSHA from enforcing its vaccine-or-test rule for large private employers. In its opinion, the Court found that Congress did not grant OSHA the authority to issue such a sweeping rule. Empowered...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
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
The CDC announced changes on December 27, 2021 to its isolation and quarantine period recommendations for those who test positive or are exposed to COVID-19. Our guidance for the workplace follows.
Updated CDC Guidance...more
12/29/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Enforcement ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Public Health ,
Quarantine ,
SCOTUS ,
Sick Employees ,
Virus Testing ,
Workplace Safety
The Federal Occupational Health and Safety Administration (OSHA) has released its long-awaited Emergency Temporary Standard (ETS) pertaining to workplace COVID-19 vaccination and testing requirements for employers with 100 or...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
The Biden Administration yesterday unveiled its Path out of the Pandemic – a six-pronged plan designed to further combat COVID-19. Employers have already struggled to deal with the bevy of ever-changing COVID-19...more
9/14/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Workplace Safety
The New York State Commissioner of Health has designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health.” This means that the HERO Act’s many requirements are...more
The New York State Department of Labor (NYSDOL) has released its HERO Act minimum standards and template policies related to airborne infectious disease prevention. Employers now have 30 days after the standards’ publication...more
It’s been a long road to recovery for employers since New York first issued its NY Forward reopening requirements for offices and other similar environments back in May 2020. Today, as New York reached a key vaccination...more
It’s been a busy month (year?) for New York employers – one that has brought several important updates with respect to employers’ reopening plans. On the heels of the State’s May 19th adoption of the recent CDC guidance...more
This post was revised on May 19, 2021 to reflect relevant updates.
On May 5, 2021, New York enacted the Health and Essential Rights Act (the “HERO Act”). The new law seeks to address continued COVID-19 safety concerns in...more
The CDC’s recent guidance suggesting that most fully vaccinated individuals may discontinue certain safety measures, such as masking and social distancing, has created significant confusion for employers navigating...more
The New York State Legislature recently passed the Health and Essential Rights Act (the “HERO Act”), which has been delivered to Governor Cuomo for his signature. The legislation seeks to address continued COVID-19 safety...more
The CDC has issued new guidance focused on ensuring employees’ informed consent for COVID-19 testing in the workplace. This builds on earlier guidance the CDC issued regarding workplace testing programs last fall. Because...more
This week, New York State issued guidance and an FAQ document regarding the State’s new paid sick leave law (“NYPSL”). As a reminder, New York State enacted statewide paid sick leave requirements for employers under Section...more
The New York State Paid Sick Leave Law’s accrual provisions go into effect today, September 30, 2020. In April, Governor Cuomo signed into law new permanent paid sick leave requirements for all New York State employers...more
10/1/2020
/ Amended Legislation ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Governor Cuomo ,
Infectious Diseases ,
Mayor de Blasio ,
New Legislation ,
Paid Sick Leave ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
As management and human resources professionals are well aware, COVID-19 has drastically and rapidly impacted the workplace. Among other things, employees require more flexibility, employers are increasingly reliant upon...more
As the United States continues to develop its response to the COVID-19 pandemic, thousands of members of the National Guard will be activated to help deal with the threat. Last week, Massachusetts Governor Charlie Baker...more
3/23/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Governor Baker ,
Health and Safety ,
Infectious Diseases ,
Military Leave ,
Military Service Members ,
National Guard ,
Public Health ,
State of Emergency ,
USERRA
New York Governor Andrew Cuomo has issued an expansive executive order, which mandates that, beginning Friday, March 20, 2020, at 8:00 PM, all “non-essential” businesses and non-profits entities in New York State must reduce...more