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.

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Helping Parents During the Pandemic

September 23, 2020
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Parents’ predicaments has been a theme we’ve returned to again and again here at the Berke-Weiss Law Blog since the start of March, though our concern over working parents’, and especially mothers’, rights reaches back much longer than six months.

DOL Revises FFCRA after Southern District Invalidates Four Sections

September 18, 2020
Paid Family Leave
The Department of Labor revisions to FFCRA, which went into effect on September 16, 2020, have been widely anticipated and it is hoped that they will reduce some of the issues surrounding paid leave and employees qualification for taking protected leaves.

This Week in FFCRA Complaints: Dismissals While Seeking Paid Leave

September 11, 2020
Leave
Disability Discrimination
It appears employers continue to terminate workers who are supposed to be protected under the FFCRA. This week, we’ve highlighted several cases where employees were waiting for test results or already diagnosed with Covid-19 and subsequently fired when seeking paid leave.

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