September 17, 2021
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As More Jurisdictions Make Vaccination Mandatory, Federal Government Plays Catch-up

                   

Across the nation school districts, cities, and private employers have spent the summer making vaccination mandatory for people to take part in all aspects of life, including going to the gym, returning to work, or attending a concert. Now, with the full FDA approval of the Pfizer/BioNTech vaccine, the federal government has weighed in. 

Under President Biden’s plan, which has yet to be fleshed out or made enforceable, nearly all federal and many private sector workers, more than 100 million Americans, would be required to be vaccinated or risk serious penalties, including employment termination. At this point, the president has merely directed OSHA to draft specific rules. Significant questions remain about whether remote workers can be required to be vaccinated and how booster shots will play into OSHA’s eventual guidelines. 

Here in New York, the City of New York already requires people to be vaccinated for indoor dining,  indoor fitness, and indoor entertainment. Residents must provide a CDC vaccination card, NYC vaccination record, Excelsior pass, or have the NYC Covid Safe app on their mobile phone. The city has directed businesses to surveil and enforce these rules. 

We will provide an additional post when and if OSHA develops actual guidelines based on the President’s request.

Updates to New York State Whistleblower Law

January 5, 2022
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On October 28, 2021, Governor Kathy Hochul signed an amendment expanding the New York Whistleblower Law—§740 of the Labor Law, increasing workplace protections against retaliation for private-sector employees while increasing employer liability.

NY State Mask Mandate Returns

December 22, 2021
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In light of the Omicron 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.

Here’s Why Justice May Demand That Harvey Weinstein Goes Free

December 20, 2021
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On Wednesday, December 15, the Appellate Division, First Department of New York State heard arguments regarding the appeal of Harvey Weinstein’s criminal conviction for rape and assault. Read Senior Associate Alex Berke’s Daily Beast article about why overturning Weinstein’s conviction may be the just thing to do.

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