New York State Announces New COVID-19 Face Covering/Mask Mandate

On Friday, December 10, 2021, New York State Governor Kathy Hochul announced that effective Monday, December 13, 2021, all persons over two (2) years of age who are able to medically tolerate a face covering/mask, regardless of vaccination status, must wear a face covering/mask while in any NYS indoor public place, unless such place requires proof of full COVID-19 vaccination from all persons five (5) years of age or older, including staff, patrons, visitors and guests, as a condition of entry.  The face covering/mask mandate is in effect until January 15, 2022, at which time the State said it will re-evaluate its next steps. 

Read more...

Federal Court Blocks OSHA COVID-19 Vaccination Emergency Temporary Standard

As we previously reported, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) on November 4, 2021, requiring most employers with 100 or more employees to require that their employees be vaccinated against COVID-19 or undergo weekly testing and wear a face covering at work.  (Our earlier alert about the ETS can be viewed here.)  Almost immediately after OSHA issued the ETS, several lawsuits were filed in federal court seeking to block its enforcement on a variety of grounds. On November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an injunction blocking OSHA from enforcing or implementing the ETS nationwide.  As a result, covered employers are not legally required to comply with the ETS and will not be required to do so until, and unless, the stay is lifted.  Under the federal court rules, all of the lawsuits challenging the ETS have been moved to, and will be decided by, the U.S. Court of Appeals for the Sixth Circuit, which is located in Cincinnati, Ohio.  There is no scheduled time for the court to issue its decision.       

Read more...

New York State Expands Paid Family Leave to Cover Employee Siblings

New York State Governor Kathy Hochul recently signed into law an amendment to the New York Paid Family Leave Law (NYPFLL) expanding that law, starting on January 1, 2023, to allow employees to take leave under the NYPFLL to care for siblings with a serious health condition.  Since taking effect in 2018, employees have been limited to taking leave under the NYPFLL: (i) to care for a new child following birth, adoption or placement in the home; (ii) to care for a spouse, domestic partner, child, parent, grandparent or grandchild with a serious health condition; or (iii) for qualifying exigencies related to military duty. 

Read more...

Roll Up Your Sleeve or Get Tested — OSHA Issues COVID-19 Vaccination and Testing Emergency Temporary Standard

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-anticipated emergency temporary standard (ETS) requiring most employers with 100 or more employees to require that their employees be vaccinated against COVID-19 or undergo weekly testing and wear a face covering at work.  The ETS can last for six months, after which it must be replaced by a permanent regulation.   

Which employers are covered by the ETS?

• Private employers with 100 or more employees firm- or corporate-wide are covered. All part-time employees count toward the 100-employee threshold.  Independent contractors are not included in the threshold.
  
  
• In states with OSHA-approved “State Plans,” state and local government employers, as well as private employers with 100 or more employees, will be covered by state occupational safety and health requirements.
  
  

Read more...