With the start of the new year, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies in 2023.
1. Potential Down Market Pressures. Interest rate increases are...more
1/5/2023
/ Artificial Intelligence ,
Brand ,
Compliance ,
Coronavirus/COVID-19 ,
Data Privacy ,
Environmental Social & Governance (ESG) ,
Franchise Agreements ,
FTC Act ,
Greenwashing ,
Hospitality Industry ,
Intellectual Property Protection ,
Interest Rate Adjustments ,
Investment ,
Labor Shortage ,
LEED Certified ,
Metaverse ,
NASAA ,
NLRB
On December 6, 2021, New York City Mayor Bill de Blasio announced a new COVID-19 vaccine mandate for all private sector employers that employ more than one employee in New York City. On December 15, 2021, the New York City...more
On December 6, 2021, New York City Mayor Bill De Blasio announced a new COVID-19 vaccine mandate for all private-sector employers who employ one or more employees in New York City.
The mandate will require that all covered...more
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued its Omnibus Staff Vaccination Rule, mandating that all Medicare and Medicaid-certified facilities regulated under Medicare health and safety...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) mandating that large employers require employees to be fully vaccinated against COVID-19...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
As COVID-19 vaccination mandates continue to increase across the country, employers are legally required to manage, and in some cases accommodate exemption requests.
What to Know As -
COVID-19 vaccination mandates...more
10/15/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden signed Executive Order 14042, "Ensuring Adequate COVID Safety Protocols for Federal Contractors," that directed agencies to include a clause in new contracts, options, and extensions...more
10/14/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Food and Drug Administration (FDA) ,
New Guidance ,
OSHA ,
Subcontractors ,
Title VII ,
Vaccinations ,
Workplace Safety ,
World Health Organization
On September 14, 2021, District Court Judge David N. Hurd of the Northern District of New York granted a temporary restraining order (TRO) barring the New York State Department of Health (DOH) from enforcing the vaccine...more
On August 16, 2021, former New York Governor Andrew Cuomo announced that all healthcare workers in New York State are required to be vaccinated against COVID-19. The mandate is applicable to staff at hospitals and long-term...more
On May 5, 2021, in response to the COVID-19 pandemic, Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“NY HERO Act”) into law. The NY HERO Act requires extensive workplace health and safety...more
8/2/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
New Amendments ,
New York ,
NYDOL ,
State and Local Government ,
Workplace Safety
Employers should ensure they have appropriate policies in place for properly handling confidential medical records.
On March 19, 2021, New Jersey adopted guidance from the Equal Employment Opportunity Commission and...more
Employers should be mindful of this new leave law understanding that they may not take any adverse action, discriminate, or retaliate against an employee for requesting leave to receive the COVID-19 vaccine.
New York...more
On August 3, 2020, in a lawsuit filed by the State of New York, United States District Court Judge J. Paul Oetken of the United States District Court for the Southern District of New York issued an opinion and order (Order)...more
8/12/2020
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee's Childcare ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
Intermittent Leave ,
Leave of Absence ,
Paid Leave ,
Paid Sick Leave
After facing several hurdles, effective June 1, 2020, the National Labor Relations Board (NLRB) has finally implemented a host of changes to its rules and regulations governing representation elections.
The NLRB is the...more
As New York City businesses prepare for New York State Governor Andrew Cuomo to lift the New York State Pause Order and reopen businesses in the five boroughs, on May 5, 2020, the New York City Commission on Human Rights...more
The following chart has been compiled to provide New York employers with guidance as they weigh decisions about whether to approve an employee’s leave request(s) based on different common factual scenarios that may...more
As noted in our previous Alert on March 19, 2020 concerning the bipartisan coronavirus relief bill, under the Families First Coronavirus Response Act (FFCRA) employers with 499 or fewer employees are responsible for providing...more
As the coronavirus pandemic continues to impact employers’ business operations, employers with unionized workforces are faced with making business decisions while fulfilling their obligation to bargain with their employees’...more
On March 18, 2020, New York Governor Andrew Cuomo signed into law Senate 8091 providing for paid sick leave, family leave, and certain disability leave for employees affected by mandatory or precautionary orders to quarantine...more
On March 20, 2020, Governor Cuomo signed the “New York State on PAUSE” Executive Order (“PAUSE Order”) to ensure safety for residents across New York State. Effective 8PM Sunday, March 22, 2020, all statewide non-essential...more
As more and more states order businesses to close their physical locations because of the novel coronavirus pandemic, employers are being encouraged by the federal and state governments to work remotely and not have their...more
What Does This Mean For Legal Proceedings in New York State?
On March 20, 2020, New York Governor Andrew Cuomo issued Executive Order No. 202.8, modifying all existing New York State statute of limitations laws. Gov. Cuomo...more