On December 28, 2022, New York Governor Kathy Hochul signed into law Senate Bill 9450, which added new enforcement provisions to the New York Health And Essential Rights Act’s (NY HERO Act) workplace safety committee...more
On September 20, 2022, Mayor Eric Adams announced that New York City’s COVID-19 vaccine mandate for private employers is ending. The City’s mandate for municipal employees, however, will remain in effect....more
In the United States, the federal government has faced challenges in imposing vaccination mandates for large private employers, federal contractors, and certain health care employees. Because of that, choices around...more
2/8/2022
/ Complaint Procedures ,
Coronavirus/COVID-19 ,
Covered Entities ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Exemptions ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Vaccinations ,
Workplace Safety
As explained in greater detail by our colleague Stuart M. Gerson, the Supreme Court of the United States handed down two major, and quickly decided, rulings on January 13, 2022. After hearing oral arguments only six days...more
On December 22, 2021, the New York State Department of Labor (NY DOL) issued the long-awaited proposed rule (Proposed Rule) regarding the workplace safety committees that are required by the New York HERO Act (HERO Act)....more
On December 27, 2021, the Centers for Disease Control and Prevention (CDC) announced an update to its isolation and quarantine guidance. Although the CDC’s update shortens both the isolation and quarantine periods, as...more
On December 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit lifted the nationwide injunction against the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) issued by...more
12/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 15, 2021, New York City followed up on the recently announced vaccine mandate for private employers by releasing further details, including several guidance documents and mandatory signage. The New York City...more
On Friday, November 12, 2021, a panel of the U.S. Court of Appeals for the Fifth Circuit issued a strongly worded decision granting a motion to prevent the Occupational Safety and Health Administration (OSHA) from...more
As we previously reported, effective November 5, 2021, the Occupational Safety & Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to ensure that covered...more
On November 4, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released the long-awaited COVID-19 Emergency Temporary Standard (ETS) for employers with 100 or more employees. At the...more
On September 6, 2021, New York Governor Kathy Hochul announced that she has designated COVID-19 a serious public health risk under the NY HERO Act (“HERO Act”). As we have previously reported, the HERO Act, which was signed...more
The clock is now running: New York employers have until August 5, 2021, to adopt workplace safety plans, in accordance with the NY HERO Act (“Act”). As we previously reported, Governor Andrew Cuomo signed the Act into law on...more
7/12/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Cuomo ,
Human Resources Professionals ,
Infectious Diseases ,
New York ,
Personal Protective Equipment ,
Policies and Procedures ,
Re-Opening Guidelines ,
Social Distancing ,
Workplace Safety
As we previously reported, on May 5, 2021, New York Governor Andrew Cuomo signed the Health and Essential Rights Act (the “HERO Act” or “Act”) into law, permanently codifying COVID-19-related health and safety protocols. In a...more
Taking the lead on permanently enshrining COVID-19-related health and safety protocols into law, on May 5, 2021, New York Governor Andrew Cuomo signed A2681B/S1034—the Health and Essential Rights Act (“HERO Act” or “Act”)....more
5/14/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Cuomo ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
New York ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Workplace Safety
In response to a lawsuit brought by New York State (“State”), the U.S. District Court for the Southern District of New York has invalidated four provisions of the U.S. Department of Labor’s (“DOL”) Final Rule (“Rule”)...more
8/17/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
Infectious Diseases ,
Paid Leave ,
Public Health ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
As we have discussed in prior Advisories, the 2019 Novel Coronavirus (“Coronavirus” or “COVID-19”) public health emergency is raising important issues for employers addressing rapidly developing disruptions to the workplace...more
On March 11, 2020, the World Health Organization declared that the 2019 novel coronavirus (known as “COVID-19”) is now a pandemic. The effects continue to be felt in the United States, which currently has well over 1,000...more
3/17/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Contingency Plans ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Fair Labor Standards Act (FLSA) ,
Foreign Nationals ,
Foreign Workers ,
Health Care Providers ,
Healthcare Facilities ,
Home Healthcare Workers ,
Immigrants ,
Infectious Diseases ,
Paid Time Off (PTO) ,
Public Health ,
Screening Procedures ,
Sick Leave ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration
New York State has responded to a significant increase in cases of the 2019 novel coronavirus (“COVID-19”) in the state with numerous press briefings and actions by the government. Both New York State and New York City have...more
3/13/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Governor Cuomo ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Public Health ,
Quarantine ,
Workplace Safety ,
World Health Organization
Since releasing our Advisory on January 30, 2020, there have been significant developments in connection with the 2019 Novel Coronavirus (“COVID-19” or “Coronavirus”). For example, on February 25, 2020, the U.S. Centers for...more
3/2/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Presidential Proclamations ,
Public Accommodation ,
Public Health ,
Traveling Employee ,
World Health Organization
The 2019 Novel Coronavirus (“2019-nCoV” or “Coronavirus”) is a rapidly spreading respiratory illness that is raising important issues for employers....more
1/31/2020
/ Americans with Disabilities Act (ADA) ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Family and Medical Leave Act (FMLA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitality Industry ,
Human Resources Professionals ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Public Health ,
Wage and Hour ,
Workplace Safety ,
World Health Organization