January 10, 2022
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Mayor Adams to Continue NYC Vaccine Mandate

                   

There were questions about whether New York City’s new mayor, Eric Adams, who assumed office on New Year’s Day, would extend the vaccine mandate instituted by his predecessor, Bill De Blasio, but they have been answered in the affirmative, with Adams confirming during a weekday Covid presser that the private employer vaccine mandate would continue. This announcement comes on the heels of the reinstitution of the mask mandate.

Speaking to the press, Adams and other city health officials stressed that they wanted New York to remain open. This means continuing the mandate, with officials noting that emphasis would remain on compliance for private firms rather than punishment. A unit dedicated to working with small businesses and other stakeholders was also announced. There will also be a need for the city to study whether boosters should be included in the mandate going forward.

In addition to the private business mandate, another looming issue to be taken up by the Adams administration will be a spring deadline to decide whether or not vaccines should be required for attending schools in the 2022 school year. Already, the Omicron wave has wreaked havoc on school systems across the country, and has led to increased hospitalizations of younger children.

For a full explanation of the current mandate visit the NYC gov explainer here.

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

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