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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Employers Must Investigate and Report Work-Related Covid-19 Cases to OSHA

June 3, 2020
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Under new Occupational Safety and Health Administration (“OSHA”) guidance, moving forward employers must now investigate how any Covid-19 positive employees may have contracted the virus. If the cause of the infection was likely work-related, the employer must record it as an “occupational illness.”

Antiracism Resources

June 2, 2020
Race Discrimination
Our Firm is saddened and angered by the killings of and violence against Black people by government authorities, as well as efforts to limit peaceful protest. In our legal practice, we fight against race discrimination in the workplace using the law, but these tragic events invite the law to do better now than in the past to provide justice and healing to those affected personally, and to our society as a whole.

The Berke-Weiss Law Weekly Round-Up

May 29, 2020
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It’s important that we acknowledge that coronavirus has accentuated already deep and persistent issues in employment law in general, and our particular interests, such as pregnancy and parental leave. However, the crisis has only exacerbated them and we hope to call attention to them not simply so we can think about them, but so we can work together to develop tools and other means to make a post-coronavirus world one where workers’ concerns are heard.

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