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 Cases Includes Multiple Worker Complaints in the Food Supply Sector

July 17, 2020
Disability Discrimination
The three cases highlighted in this weeks’ FFCRA complaint roundup include two filed by plaintiffs working in restaurants and another from a plaintiff employed in food distribution. Because the entire food supply chain has been deemed essential, workers in the industry have little ability to leave work to care for sick family members or children since the childcare industry cratered.

Berke-Weiss Law Writes About Free Speech in the Workplace for Law360

July 15, 2020
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Berke-Weiss Law answers some questions on many New Yorkers’ minds right now in Law360: can I be fired for protesting or posting about politics on social media? Am I entitled to take time off to protest? Can my employer force me to take a Covid-19 test after protesting but before returning to my workplace?

New Study Finds Sexual Harassment Pervasive in the Legal Professions

July 15, 2020
Sexual Harassment
Taking a break from the wall-to-wall imperative that is coronavirus, we wanted to highlight a new study about workplace cultures in the legal practice. Conducted by the Women Lawyers on Guard, the study Still Broken: Sexual Harassment and Misconduct in the Legal Profession shows that sexual harassment plagues women at all levels of the legal profession, from early-career lawyers to judges, and everyone in between.

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