Kerri Beatty

NYS Hero Act Overview and Proposed Regulation on the Workplace Safety Committee Requirements

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On April 23, 2021, the New York legislature passed the Health and Essential Rights (“HERO” or “Act”), which aimed to protect workers and the public from the risks posed by COVID-19 and other airborne infectious diseases by requiring employers with worksites located in New York State to implement specific workplace health and safety standards. The Act was … Read more

Paid Leave for COVID Related Absences

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Notably, the federal COVID leave law, FFCRA, expired on September 30, 2021. Thus, the only COVID-specific paid sick leave law that is still in effect is the NYS Paid COVID-19 leave law. This paid leave must be offered in addition to other leaves if the employee has an order from the proper authorities. The NYS Paid COVID-19 leave … Read more

Federal Court Dissolves Stay of OSHA’s Emergency Temporary Standard

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A three-judge panel of the United States Court of Appeals for the Sixth Circuit has dissolved the stay on the Emergency Temporary Standard (“ETS”) applicable to employers with 100 or more employees issued by the Occupational Safety and Health Administration (“OSHA”). As we previously reported, in November 2021, OSHA issued the ETS to minimize the … Read more

Medical and Religious Exemptions for Vaccine Mandates

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An employer is not prevented from requiring all employees physically entering the workplace to be fully vaccinated against COVID-19.  In some circumstances, Title VII and the ADA require an employer to provide reasonable accommodations for employees who, because of a disability or a sincerely held religious belief, practice, or observance, do not get vaccinated against … Read more

New York City Publishes Private Employer Vaccine Mandate Regulations

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Beginning December 27, 2021, all workers in New York City who perform in-person work or interact with the public in the course of business must show proof they have received at least one dose of a COVID-19 vaccine. Workers will then have 45 days to show proof of their second dose (for Pfizer or Moderna … Read more

New York State Mandates Masks for Businesses that Do Not Require Proof of Vaccination Upon Entry (Effective Date December 15, 2021)

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Effective Monday, December 13, 2021, businesses with any indoor space that is not a private residence in New York State  (which includes office spaces) must require that all employees and patrons two years and older, regardless of vaccination status, wear a mask at all times while indoors if they are not requiring proof of vaccination upon entry to … Read more