On August 26, 2021, the New York State Department of Health’s Public Health and Health Planning Council approved temporary emergency regulations implementing a COVID-19 vaccine mandate for personnel in all entities licensed under Article 28 of the Public Health Law (including nursing homes, hospitals, and diagnostic and treatment centers), home care agencies licensed or certified under Article 36, hospice programs licensed under Article 40 and adult care facilities licensed under Article 7 of the Social Services Law. Notably, the final version of the approved emergency regulations removed the religious exemption that was present in the initial proposed version. As a result, health care workers were required to receive their first dose of a COVID-19 vaccine by September 27 — and personnel at other covered entities to receive their first dose of a COVID-19 vaccine by October 7 — unless a medical exemption is granted. On September 13, 2021, several doctors and nurses who allege that their sincere religious beliefs compel them to refuse COVID-19 vaccination, filed suit (Dr. A, et al. v. Kathy Hochul, et al.) claiming the New York State Department of Health’s failure to recognize religious exemptions to the COVID-19 vaccine mandate is unconstitutional. Plaintiffs sought a temporary restraining order and preliminary injunction enjoining the Department of Health from enforcing the mandate.
Category: Counseling & Compliance Training
DOL Extends FLSA Final Joint Employment Rule Effective Date
The federal Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees at least minimum wage plus overtime compensation. If an employee is unpaid or underpaid — due to a calculation error or an employee’s unreported time worked, including remote work arrangements during the pandemic — the employee may recover back pay, liquidated damages, attorneys’ fees and litigation costs. If two or more employers have a relationship with an employee — for example, if an employee works for a staffing agency and is assigned to work at the agency’s customer or an employee performs work for two with common ownership or management — the law may deem the employers to be joint employers with joint and several liability, depending on the facts. If one joint employer fails to comply with the FLSA, both joint employers may be held liable. Different laws use different tests for joint employment.
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President Biden’s COVID-19 Action Plan Mandates Vaccines for Many Employees
On September 9, 2021, President Biden announced his six-pronged COVID-19 Action Plan, which will have a significant impact on employers across the country by mandating vaccinations for many employees. Many key details — including what exemptions may apply to mandatory vaccinations — remain unknown until additional federal guidance is provided in the upcoming weeks.”
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NJ Cannabis Regulatory Commission Presses Pause on Physical Evaluation Requirement for Drug Testing
As we discussed in a previous alert, the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) brought new employment protections for job applicants and employees who lawfully use cannabis off-duty. In addition, CREAMMA preserved an employer’s right to conduct drug testing of its workforce, but added a new requirement: testing for suspected use of cannabis must be accompanied by a physical evaluation to determine the employee’s level of impairment while engaged in performing job duties, as conducted by an individual certified to opine on the employee’s state of impairment.
EEOC Extends Deadline for Submitting and Certifying 2019 and 2020 EEO-1 Component 1 Reports to Monday, October 25, 2021
The Equal Employment Opportunity Commission (EEOC) has again extended the deadline for submitting and certifying 2019 and 2020 EEO-1 Component 1 Reports to Monday, October 25, 2021. Previously, the EEOC extended the original deadline from July 19, 2021 to August 23, 2021. The EEOC explained that it extended the deadline due to the continuing impact of the pandemic on business operations. But the EEOC also stated that it will make no additional changes to the filing deadline, and that all eligible filers must submit their data by October 25, 2021.
Philadelphia Reintroduces Mask Requirements in Response to Delta Variant Concerns
On August 11, 2021, the City of Philadelphia announced that in order to curb the spread of the Delta variant of COVID-19, it would be reintroducing certain mask requirements throughout the city.
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