On August 26, 2022, the United States Court of Appeals for the Eleventh Circuit narrowed the nationwide injunction of Executive Order 14042, which requires federal contractors and employees who work on or in connection with a covered federal contract, or share a workplace with another employee who works on or in connection with such contracts, to be fully vaccinated against COVID-19. The Eleventh Circuit held that the nationwide injunction issued by a federal district…
On August 26, 2022, the U.S. Court of Appeals for the District of Columbia Circuit turned back efforts by a group of unions seeking to force the Occupational Safety and Health Administration (OSHA) to quickly issue a permanent rule establishing protections for healthcare workers from COVID-19.   A unanimous three-judge panel in In re: National Nurses United, et al. held that the court lacks jurisdiction to compel OSHA to retain the now-expired Healthcare Emergency Temporary Standard…
On July 12, 2022, the EEOC again revised its technical assistance questions and answers related to the COVID-19 pandemic and the application of the Americans with Disabilities Act (ADA) and other federal equal employment opportunity laws. In addition, the EEOC updated its publication for employees, Federal Laws Protect You Against Employment Discrimination During the COVID-19 Pandemic. Employers across all industries will find relevant material in the new updates. Notably, the technical assistance revisions make clear…
More Pay Transparency Laws Our last edition focused on the new pay transparency law in New York City.  The New York State Legislature passed Senate Bill 9427A, which would impose salary disclosure requirements similar to those issued in New York City.  The bill would require employers to disclose the compensation or a range of compensation (i.e., the minimum and maximum annual salary or hourly range of compensation) for each job, promotion, or transfer opportunity…
Welcome back to Ballard Spahr’s New York Minute.  Below are some of the latest developments impacting employers in the fast-paced and ever-evolving New York market.  Please contact us with questions regarding the topics below or for any other guidance related employment laws covering New York employers. Electronic Employee Monitoring Law Effective May 7, 2022 Beginning May 7, 2022, New York employers that electronically monitor phones, emails, and/or internet usage (among other sources) will be required…
On April 11, 2022, citing the rising numbers of COVID-19 cases, the Philadelphia Department of Public Health announced that it has moved into the “Mask Precautions” pandemic response level and will reinstate the City’s indoor mask mandate for most indoor spaces.  Masks will be required beginning Monday, April 18, after a one-week education period.  While masks will be required in indoor public places, there is no vaccine requirement for places that serve food or drink. …
Originally published in June of last year, and as reported by Ballard Spahr here, the OSHA Healthcare Emergency Temporary Standard (“ETS”) set safety requirements for health care and health care support service workers in settings where people with COVID-19 are reasonably expected to be present. The ETS expired after six months, on December 21, 2021. OSHA had previously announced that it intended to issue a permanent standard, or set of rules, to replace the…
In June, 2021, Philadelphia’s previous public health emergency leave mandate expired. However, on March 9, 2022, Philadelphia Mayor Jim Kenney signed a new bill extending COVID-19 paid sick leave to certain eligible employees. That bill became effective immediately upon signature. These requirements will sunset on December 23, 2023. Under this new ordinance, employers with more than 25 employees must provide up to 40 hours of additional paid sick leave to eligible employees who are unable…
A quick update on key legal developments for employers with employees in New York. Whistleblower Protections. Expanded whistleblower protections under New York Labor Law Section 740 are now in place. Effective January 26, 2022, the amendments to Section 740 expand private-sector whistleblower protections beyond reports of public health and safety concerns and health care fraud. As amended, the law’s protections extend to individuals (including former employees and independent contractors) who report, or threaten to report,…
On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released several pieces of guidance aimed at addressing discrimination against caregivers, including: A technical assistance document entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law”; Updated COVID-19 guidance, entitled “What You Should Know,” which explains what may constitute discrimination against employees and job seekers with family caregiving responsibilities; and A short video explaining caregiver discrimination in both English and Spanish.…