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.…
In response to dropping cases of COVID-19 in the City, on March 2, 2022, Philadelphia announced that it has moved into the “All Clear COVID Response Level,” and, as a result, will no longer enforce its indoor mask mandate.  The change is effective immediately for businesses and institutions.  The Philadelphia Department of Public Health also stressed that businesses may still require masks, and that the City may reinstate the mask mandate if COVID-19 cases…
President Biden’s vaccination mandate for federal contractors remains under a nationwide injunction.  In September 2021, President Biden issued Executive Order 14042, which directed federal agencies to require certain federal contractors and subcontractors to implement a vaccine mandate and COVID-19 workplace safety measures.  On December 7, 2021, the Southern District of Georgia enjoined the Executive Order nation-wide, and the injunction was later upheld by the US Court of Appeals for the Eleventh Circuit. The…
On the latest episode of our podcast, Business Better, our Ballard lawyers provide an update on the current status of the federal COVID-19 vaccine mandate, and the steps employers should be taking as a result of the recent changes. Leading this discussion is Lila Sevener, an Associate in Ballard’s Philadelphia office. With Lila are Brian Pedrow and Shannon Farmer, both of whom are Partners in Ballard’s Philadelphia office. Lila, Brian and Shannon all focus on…
The Supreme Court issued two opinions on January 13, 2022 relating to federal agency vaccination rules and mandates. In one opinion, the Court issued an emergency stay of the Occupational Safety and Health Administration (OSHA) “vaccine or test” Emergency Temporary Standard (ETS). In another opinion, the Court upheld the Centers for Medicare & Medicaid Services (CMS) vaccine mandate for certain health care providers. OSHA “Vaccine or Test” ETS As previously reported here,…