As we remind our readers each year, as year-end approaches, business owners need to remain mindful of their year-end human resources compliance obligations and prepare for upcoming minimum wage increases.
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On January 11, 2022, New Jersey Governor Phil Murphy issued Executive Order No. 280 reinstating the State’s State of Emergency due to COVID-19. Exercising emergency powers, on January 19, 2022, Governor Murphy issued another Executive Order, No. 283, mandating that virtually all workers in the health care industry be vaccinated and receive booster shots for COVID-19. Previously, New Jersey healthcare workers had the option to be vaccinated for COVID-19 or submit to weekly testing.
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On January 13, 2022, the United States Supreme Court stayed the implementation of OSHA’s “vaccine or test” mandate for employers of 100 or more employees. As we previously posted, in November 2021 OSHA issued Emergency Temporary Standards (ETS), requiring certain employers to mandate COVID-19 vaccines for all employees or obtain weekly COVID-19 test results for unvaccinated employees.
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As we previously posted, in November 2021, the Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standards (ETS), requiring private employers of 100 or more employees to implement “vaccinate or test” requirements for workers. The ETS had been stayed by the Fifth Circuit Court of Appeals.
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As we remind our readers each year, as year-end approaches, business owners need to remain mindful of their year-end human resources compliance obligations and prepare for upcoming minimum wage increases.
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On September 6, 2021, the New York State Department of Health (NYDOH) designated COVID-19 a highly contagious communicable disease under New York’s HERO Act. The HERO Act was enacted in May 2021 and required all employers in New York to adopt an Airborne Infectious Disease Exposure Plan. The HERO required all New York businesses to adopt either the model plan, published by the New York Department of Labor (NYDOL), or an alternate plan by August 5, 2021. The plans needed to be distributed to employees by September 4, 2021. The Model Plan prepared by the NYDOL can be found here.
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As we previously posted, in June 2021, the Occupational Safety and Health Administration (OSHA) published Guidance on Mitigating the Spread of COVID-19 in the Workplace. On August 13, 2021, OSHA updated its Guidance based upon the Centers for Disease Control and Prevention’s (CDC) recently updated recommendation that fully vaccinated individuals should wear masks in indoor public settings in areas of “substantial or high transmission.”
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The Occupational Safety and Health Administration (OSHA) recently published Guidance on Mitigating the Spread of COVID-19 in the Workplace. The guidance, consistent with the Centers for Disease Control and Prevention’s (CDC) recent recommendations for fully vaccinated individuals, is no longer recommending that employers take steps to protect their fully vaccinated workers who are not otherwise at risk, from COVID-19 exposure, unless required by state or local law. The new guidance, however, sets forth specific requirements for employers concerning unvaccinated or “at-risk” workers.
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Effective today, May 19, 2021, both New York and New Jersey have lifted the capacity limits for businesses that were imposed during the COVID-19 pandemic. Instead of the previous 50% capacity limit that applied to most businesses, capacity limits will now be governed only by social distancing requirements.
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New York has enacted legislation requiring all private and public employers to provide employees with paid time off to obtain COVID-19 vaccines. The legislation adds new sections to New York’s Labor Law (Section 196-c) and Civil Service Law (Section 159-c), and will expire on December 31, 2022.
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