On November 5th, the Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to implement policies either mandating vaccination or requiring employees to wear face coverings and engage in COVID-19 testing. The Court of Appeals for the Fifth Circuit initially stayed the ETS on November 6th, pending expedited judicial review. On November 12th, the Court reaffirmed their initial stay, finding that the challenges “show a great likelihood of success on the merits.” Specifically, the Court noted that “emergency temporary standards ‘are an unusual response to exceptional circumstances’”, and that this ETS “grossly exceeds OSHA’s statutory authority”.
Read MoreAs employers will recall, earlier this year President Biden announced a six-prong COVID-19 Action Plan, which, among other things, required all employers with 100 or more employees to ensure that their workers are vaccinated or periodically tested for COVID-19. Today, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (the “ETS”) implementing this requirement. Although the ETS imposes a variety of obligations on covered employers, most notably, employers with 100 or more employees are required to either establish a mandatory written vaccination policy for employees, or alternatively establish a written policy whereby unvaccinated employees submit to weekly COVID-19 testing and wear face coverings in the workplace.
Under the ETS, employees must either be fully vaccinated by January 4, 2022, or be subject to the testing requirements discussed below at that time. Other aspects of the ETS, including but not limited to the written policy requirement, face covering requirement, and the additional leave for vaccination and recovery from vaccine side effects, go into effect December 6, 2021.
Read MoreOn November 1, 2021, New York Governor Kathy Hochul signed a bill expanding New York State's Paid Family Leave program (“NY PFL”). As many employers are aware, NY PFL went into effect in 2018 and currently entitles employees in New York State to up to twelve weeks of partially paid leave to bond with their child, care for a family member with a serious health condition, and for certain reasons related to military exigency. Under this new amendment, siblings are now included under the definition of “family member” for the purposes of NY PFL caregiving leave.
Read MoreAs addressed in our prior client alerts, available here and here, earlier this year, the Equal Employment Opportunity Commission (“EEOC”) issued guidance for employers regarding how employer-imposed COVID-19 vaccine mandates interact with federal anti-discrimination laws. Last week, the EEOC issued additional guidance on employee requests for religious accommodations to these mandates.
Read MoreYesterday, the New York State Commissioner of Health (the “Commissioner”) extended the designation of COVID-19 as a highly contagious communicable disease under the HERO Act until December 15, 2021. The Commissioner will again review the level of transmission of COVID-19 in New York State on approximately December 15th and determine whether to continue this designation. As such, the airborne infectious disease policies required by the HERO Act remain implemented and in effect.
Read MoreAs employers will recall, effective March 2021, employers are prohibited from terminating or otherwise discriminating against an employee for their legal use of cannabis outside the employee’s work hours, off the employer’s premises, and without use of the employer’s equipment or property. Recently, the New York State Department of Labor released Frequently Asked Questions (“FAQs”) regarding the application of this new protection to the workplace.
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