guidance

Subscribe to guidance

As we previously reported, effective December 27, 2021, all private sector employers in New York City will be required to implement a mandatory vaccination policy for their workers. Today, guidance was issued clarifying this new mandate and related employer obligations. We have summarized what you need to know about this guidance below.

Clarification on the vaccination requirement

By December 27, employers must require all workers to provide proof that they have received at least one dose of a COVID-19 vaccine. (For the purposes of this mandate, a “worker” is a full- or part-time staff member, employer, employee, intern, volunteer, or contractor of a covered entity.) Employers will be required to verify and maintain a record of each worker’s proof of vaccination. In addition, by December 27, employers must complete an affirmation of compliance with this requirement and post it in a public place.

By February 10, 2022, employers must require that all workers provide proof that they have received a second dose of a COVID-19 vaccine (for Pfizer or Moderna vaccines). If such proof is not provided, the worker must be excluded from the workplace until they can provide such proof, unless an exception applies (as detailed below).

In addition, the guidance confirms the following critical points:

  • The mandate pertains to New York City workplaces and a worker’s residence is not relevant to its applicability.
  • Employers are not required to fire or discipline workers who refuse to comply with this mandate. Rather, the guidance indicates that “[a]s long as you keep the worker out of the workplace, it is your decision whether to discipline or fire such worker, or if the worker can contribute to your business while working remotely.”
  • Employers with multiple business locations must post the affirmation of compliance in a conspicuous location in each business location. However, vaccination and reasonable accommodation records may be stored in one central location, provided that each business location has contact information available to offer to City inspectors to put them in touch with the business representative who is centrally storing such records for the business.
  • Employers may adopt a vaccination policy that is stricter than the requirements of the New York City order, as long as it is not discriminatory or otherwise unlawful.
  • Coworking spaces must comply with this mandate vis-à-vis their renters.

Continue Reading Everything you need to know about NYC’s employer vaccine mandate

On July 27, 2021, the Centers for Disease Control and Prevention (CDC) updated its COVID-19 guidance. The revised guidance, which has significant implications in the employment context, recommends that fully-vaccinated individuals wear masks in “public indoor settings in areas of substantial or high transmission.” The guidance further recommends that vaccinated persons be tested after a known or suspected COVID-19 exposure. The CDC’s guidance reverses its May 2021 guidance, which advised that fully-vaccinated individuals could generally stop wearing masks and cease social distancing. The CDC’s new guidance comes amidst a recent uptick in COVID-19 cases stemming from the highly-infectious Delta variant and is already complicating employers’ COVID-19 policies and return to work plans.

Updated masking recommendation

The CDC’s revised guidance acknowledges that fully vaccinated individuals can become infected with COVID-19 despite being vaccinated in a “breakthrough” infection. The CDC further acknowledges that, while breakthrough infections “happen in only a small proportion of the people who are fully vaccinated,” individuals with breakthrough infections can spread COVID-19. As a result of these concerns, while not referencing the workplace specifically, the CDC now recommends that all individuals, regardless of vaccination status, wear masks in public indoor settings in areas of substantial or high transmission.Continue Reading CDC releases new guidance for fully vaccinated individuals as COVID-19 rates continue to climb nationwide

On June 16, 2020, the California Department of Public Health (CDPH) released guidance for employers responding to COVID-19 outbreaks in the workplace. An outbreak at a non-health care or congregate setting workplace is defined as three or more laboratory-confirmed cases of COVID-19 within a two-week period among employees who live in different households.

The guidance provides a road map for local public health departments (LHDs) and employers to use in understanding the steps that should be taken in response to an outbreak at work. In short, employers should be ready to report positive COVID-19 cases to the LHD and to collaborate with the LHD to coordinate a response to the outbreak.Continue Reading California’s recent guidance for employers facing COVID-19 outbreaks

The U.S. Centers for Disease Control and Prevention (CDC) recently released new guidance (the Guidance) and a flowchart (the Flowchart) detailing how states can safely reopen businesses and schools in the wake of the COVID-19 pandemic. The 60-page guidance document covers a wide range of topics, including surveilling, contact tracing, and controlling COVID-19 cases.

The Guidance provides generalized recommendations, while simultaneously cautioning employers to tailor the Guidance based on the state and industry within which the employer operates. For each set of recommendations, the CDC creates a three-step program to safely scale up operations, with Step One requiring the most stringent measures of mitigation and Step Three requiring the least. The Guidance also provides more specific recommendations that highlight additional considerations for reopening mass transit, childcare programs, day camps, restaurants, and bars, as well as businesses that employ workers at high risk for severe illness due to COVID-19.
Continue Reading CDC issues new guidance on reopening the workplace