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.

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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.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

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