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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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.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

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