December 22, 2021
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NY State Mask Mandate Returns

       

The discovery of the Omicron variant sent shockwaves throughout the globe and has forced municipalities onto the defensive once again in efforts to contain the growing threat. In light of the threat, New York State has resumed its mask mandate, stipulating that all businesses that are open to the public and do not require proof of full vaccination must require everyone to be masked. 

The state mandate comes on the heels of an OSHA ETS requiring businesses with 100 or more employees to resume mask requirements. The state order applies to all businesses regardless of size and, at the moment, is the only enforceable mandate as OSHA deals with legal challenges to its authority to mandate masking.

Now, in New York, any public place, including entertainment venues, grocery stores, and restaurants. Many of these places already have their own rules to comply with earlier state or local mandates, but some businesses may be required to update their health measures to come into compliance with the latest rules.

Considering how quickly Omicron has swept across the world, and with New York registering an enormous uptick in positive cases, these mandates are essential for flattening the curve as we head into winter. Although state and local officials have been reluctant to implement more stringent social distancing requirements, health experts are calling for a stronger approach to the problem, especially as healthcare workers continue to burn out in significant numbers as hospitalizations increase again.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
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This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

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