On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas...more
On July 6, 2022, the Equal Employment Opportunity Commission (EEOC) announced it has entered into a conciliation agreement with a Florida-based medical practice for violations of the Genetic Information Non-Discrimination Act...more
7/7/2022
/ Conciliation ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family Members ,
GINA ,
Infectious Diseases ,
Sanctions ,
Virus Testing ,
Workplace Safety
Effective March 17, 2022, the New York State Commissioner of Health has ended the designation of COVID-19 as an airborne infectious disease under the New York HERO Act. As a result, employers are no longer required to enforce...more
3/21/2022
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
New York ,
Occupational Exposure ,
Public Health Emergency ,
Safety Management Systems ,
Safety Standards ,
Workplace Safety
Tennessee Governor Bill Lee has signed into law a bill that expands protections for employees who are subject to employer COVID-19 vaccine mandates.
The new law supplements existing state law that prohibits private...more
3/17/2022
/ Adverse Employment Action ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
Reasonable Accommodation ,
State Labor Laws ,
Tennessee ,
Vaccinations ,
Workplace Safety
On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding...more
3/16/2022
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Caregivers ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
National Origin Discrimination ,
New Guidance ,
Pregnancy Discrimination ,
Race Discrimination ,
Reasonable Accommodation ,
Sex Discrimination ,
Title VII
On February 27, 2022, New York City Mayor Eric Adams announced that he will lift the Key to NYC vaccine requirements for entry to indoor dining, entertainment and fitness venues on March 7, 2022, contingent on COVID-19...more
3/1/2022
/ City of New York ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Venues ,
Health and Safety ,
Infectious Diseases ,
Local Ordinance ,
Public Health Emergency ,
Re-Opening Guidelines ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On February 9, 2022, Governor Kathy Hochul announced that the statewide indoor mask mandate will expire on February 10, 2022. Governor Hochul noted that while the statewide mandate has been lifted, counties, cities, and...more
The New York State Department of Health (NYSDOH) has made available on its website self-attesting quarantine and isolation forms that employees may use to demonstrate eligibility for the state’s COVID-19 quarantine leave law...more
***UPDATE: In a whiplash-inducing turn, on January 25, 2022, the New York State Appellate Division granted a stay of the Nassau County court’s decision pending determination of the State’s appeal. As such, the...more
On January 22, 2022, New York City updated its quarantine and isolation guidance to align with the CDC’s recent shortening of both the recommended timeframe for isolation following a COVID-19 diagnosis for individuals...more
On January 13, 2022, the U.S. Supreme Court, in a per curiam opinion, stayed OSHA’s Emergency Temporary Standard (“ETS”) mandating that employers with 100 or more employees require all employees to be fully vaccinated against...more
1/14/2022
/ Biden Administration ,
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
On December 22, 2021, the New York State Department of Labor (“NYDOL”) issued a proposed rule regarding workplace safety committees under the HERO Act. As we have previously reported, the HERO Act requires all employers in...more
12/23/2021
/ Coronavirus/COVID-19 ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Labor Reform ,
New York ,
NYDOL ,
Occupational Exposure ,
Oversight Committee ,
Popular ,
Proposed Rules ,
Public Hearing ,
Regulatory Agenda ,
Regulatory Requirements ,
Safety Standards ,
Workplace Safety
On December 17, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, dissolved the stay previously placed on OSHA’s Emergency Temporary Standard (“ETS”) by the Fifth Circuit. The ETS mandates employers with 100 or...more
12/20/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 15, 2021, New York City released guidance on the private employer vaccine mandate set to take effect on Monday, December 27. As we previously reported, the mandate will require workers in New York City who perform...more
New York Governor Kathy Hochul has announced that, effective December 13, 2021, masks will be required to be worn in all indoor public places in New York State unless the business or venue requires proof of full vaccination...more
12/13/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Masks ,
New York ,
Personal Protective Equipment ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
Mayor Bill de Blasio has announced that New York City will become the first major city in the United States to mandate COVID-19 vaccination for private sector workers across industries. The mandate will take effect on...more
The Florida Department of Legal Affairs has issued an emergency rule and other additional guidance regarding the recently enacted House Bill HB-1B, which, among other things, requires private employers who mandate COVID-19...more
In this episode of The Proskauer Brief, partners Evandro Gigante and Steve Hurd discuss key developments regarding the COVID-19 pandemic, including employer vaccination policies, the forthcoming OSHA emergency temporary...more
11/12/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Employer Responsibilities ,
Employment Policies ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Labor Regulations ,
OSHA ,
Safety Standards ,
Vaccinations ,
Workplace Safety
On November 4, 2021, OSHA released an “unpublished” version of its new Emergency Temporary Standard (“ETS”) mandating that employers with 100 or more employees require all employees get fully vaccinated against COVID-19 or be...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
On October 31, 2021, the New York State Commissioner of Health continued the designation of COVID-19 as a “highly contagious communicable disease” pursuant to the HERO Act until December 15, 2021. This means that New York...more
On October 25, the EEOC issued updated and expanded guidance regarding the obligations of employers under Title VII of the Civil Rights Act of 1964 (“Title VII”) when an employee presents with a religious objection to a...more
10/26/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
Texas Governor Greg Abbott has issued an Executive Order (GA-40) prohibiting the enforcement of COVID-19 vaccine mandates in Texas against employees and customers of private businesses who object on certain bases, including...more
On September 30, 2021, the New York State Department of Labor (“NYSDOL”) released an updated set of frequently asked questions on the HERO Act. As we previously reported, the HERO Act requires all employers in New York to...more
On September 23, 2021, New York State issued updated model airborne infectious disease exposure prevention plans for employer use pursuant to the HERO Act.
...more
On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Management Plans ,
Employer Liability Issues ,
Entertainment Venues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Popular ,
Vaccinations ,
Workplace Safety