United States
Governments and agencies around the world are rallying to protect their people from COVID-19. But each country and region is employing different tactics to meet the same goal. Morgan Lewis has assembled cross-disciplinary teams across our global offices to advise companies on this ever-evolving patchwork of laws and guidance.
The California State Legislature Assembly Bill 84, introduced on February 2, proposes to require employers with 26 or more employees to provide up to 80 hours of supplemental paid sick leave for qualifying COVID-19 related reasons. Although the proposed bill is similar to Senate Bill 95, which expired on September 30, 2021, there are some significant differences.
The Cal/OSHA Standards Board on December 16 voted to approve the second readoption of the California COVID-19 Prevention Emergency Temporary Standards (ETS) during its monthly public meeting. The revised ETS will not adopt the federal OSHA ETS or include a mandatory vaccination requirement for employers, but will include stricter requirements for employers than the current version.
New York State lifted its mask mandate applicable to businesses on February 10, and the New York State Department of Labor subsequently issued new guidance that the New York HERO Act does not require employers to enforce mask requirements.
New “Key to NYC” guidance for private sector employers was released on Wednesday following New York City Mayor Bill de Blasio’s December 6 announcement that employees (1) not previously covered under the existing Key to NYC vaccination requirements and (2) who perform in-person work for private businesses in the city must receive at least one dose of a COVID-19 vaccine by December 27.
In Law360, partner Ashley Hale and associate Kaiser Chowdhry write that there has been minimal guidance for New York City’s new vaccination requirements for private sector employees who report to work in person—which would apply to an additional 184,000 businesses.
New York Governor Kathleen Hochul announced a mandate requiring that all businesses and venues require employees and patrons in public indoor spaces to wear masks, unless the business or venue requires all individuals on the premises to be fully vaccinated. The mandate, which applies to private businesses, will go into effect on December 13, and last until January 15, 2022, at which time it will be reevaluated.
New York City Mayor Bill de Blasio announced on December 6 that employees (1) not previously covered under the existing “Key to NYC” vaccination requirements and (2) who perform in-person work for private businesses in the city must receive at least one dose of a COVID-19 vaccine by December 27. The “Key to NYC” requirements currently in place for restaurants, fitness facilities, and entertainment venues have also been expanded to require proof of two doses (for individuals receiving a two-dose series) by that date, where previously only proof of an initial dose was required.
New York State Governor Kathy Hochul announced on September 6, 2021 that the New York State Department of Health designated COVID-19 a highly contagious communicable disease that presents a serious risk of harm to public health under the New York State Health and Essential Rights Act (HERO Act). Under the Act requirements, businesses must promptly review their worksite exposure prevention plans; activate the protective measures in the plan, including mandatory screening, social distancing, and masking; and provide employees with verbal and written notice of their exposure prevention plans.
New York City Mayor Bill de Blasio issued Executive Order 225 (the Order) and related guidance on August 16 regarding the “Key to NYC” vaccination requirements for indoor entertainment/recreation, dining, and fitness settings. Under these requirements, individuals age 12 and older will be required to show proof that they have received at least one dose of an approved COVID-19 vaccine before being admitted to certain covered indoor facilities. The requirements took effect on August 17 but will not be enforced until September 13, 2021.