In response to COVID-19 vaccination mandates and employer-mandated vaccination policies, federal agencies continue to issue guidance. The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Health and Human Services’ Office for Civil Rights (OCR) have released additional guidance addressing common employer concerns regarding vaccination status, discrimination, and reasonable accommodations.
Continue Reading Handling COVID-19 Vaccination Mandates: Federal Agencies Continue to Issue Guidance
New York Federal Courts Rule on Applicability of Religious Exemption to Two Separate Vaccine Mandates on Same Day
On Tuesday October 12, 2021, two New York federal judges issued rulings related to the enforcement of vaccine mandates in New York.
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President Mandates COVID-19 Vaccination For Millions Of Employees
On Thursday, September 9, 2021, President Joe Biden announced new COVID-19 vaccine mandates requiring all employers with 100+ employees to ensure their workers are vaccinated or tested weekly.
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Connecticut Minimum Wage to Increase to $13/hour on August 1, 2021
As we first blogged on May 17, 2019, the Connecticut state hourly minimum wage will increase on August 1, 2021 from $12.00 to $13.00. The change, made pursuant to Public Act 19-4, “An Act Increasing the Minimum Fair Wage,” will be the third of five scheduled annual increases to Connecticut’s hourly minimum wage since 2019. A breakdown of the remaining increases under the Act is as follows:
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OSHA Announces COVID-19 Emergency Temporary Standard for Healthcare Industry
On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety. The order directed the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace. On June 10, 2021, OSHA announced a highly-anticipated Emergency Temporary Standard (ETS) setting forth steps that employers in the healthcare industry must take to protect workers from COVID-19 risks while the pandemic is ongoing. The ETS will become effective 14 days after it is formally published in the Federal Register.
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New York Enacts HERO Act Requiring All Employers to Implement Health and Safety Standards to Address Airborne Infectious Diseases
On May 5, 2021, Governor Cuomo signed into law the Health and Essential Rights Act (HERO Act), which imposes on all non-public employers significant health and safety standards intended to address the spread of airborne infectious diseases, like COVID-19, in the workplace. The HERO act is touted as the “first-in-the-nation” statute of its kind, apart from the federal Occupational Safety and Health Act (OSH Act), which until now has governed applicable workplace safety standards. It is not clear to what extent the HERO Act would be superseded by the OSH Act, but for now employers must ensure that they comply with its mandates.
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Is a “Vaccination Ambassador” a Good Idea?
The CDC has recently recommended that employers appoint “vaccination ambassadors” to encourage employees to get vaccinated. The EEOC has not commented on the CDC’s recommendation, but based on other pandemic-related guidance issued by the EEOC, employers should consider the employment risks associated with a vaccination ambassador. These risks include the following:
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New York Requires Paid Time-Off for COVID-19 Vaccinations
On March 12, 2021, Governor Andrew Cuomo signed into law an act requiring all New York employers, regardless of size or industry, to provide employees with paid COVID-19 vaccination leave of up to four hours per injection, effective immediately.
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Reminder: First Quarterly Payment Due on March 31, 2021 Under CT Paid Family and Medical Leave
Beginning on January 1, 2022, paid leave benefits under the Connecticut Paid Leave program (CPL) will be available for certain qualifying events under the federal Family and Medical Leave Act (FMLA), the Connecticut Family and Medical Leave Act (CT FMLA), and the Connecticut Family Violence Leave Act. In the meantime, employers are responsible for complying with certain key dates in advance of January 2022. On January 1, 2021, employers began withholding employee contributions (0.5% payroll tax) from each employee’s paycheck for ultimate remittance to the Connecticut Paid Leave Authority trust fund, which will fund the payment of CPL benefits.
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OSHA Issues New Guidance on COVID-19
On January 29, 2021, OSHA posted new guidance intended to inform employers and workers in identifying risks of exposure to COVID-19. The new guidance applies to industries outside of healthcare. OSHA previously issued separate guidance applicable to healthcare and emergency response. The guidance does not create any new legal requirements or obligations, but is advisory only. OSHA intends for the guidance to assist employers with planning.
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