Bulletins

New York HERO Act Ends COVID-19 Designation as an Infectious Disease

On March 17, 2022, the New York State Department of Health (DOH) ended the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to public health under the Health and Essential Rights Act (NY HERO Act). The NY HERO Act covers all private employers in the state. The act …

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New York HERO Act Ends COVID-19 Designation as an Infectious Disease

On March 17, 2022, the New York State Department of Health (DOH) ended the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to public health under the Health and Essential Rights Act (NY HERO Act). The NY HERO Act covers all private employers in the state. The act …

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New Law Establishes Hotline for Sexual Harassment Complaints

On March 16, 2022, the state enacted a new law that requires the New York State Division of Human Rights (Division) to establish a toll-free hotline for individuals to make complaints of workplace sexual harassment. The new law, effective July 14, 2022, also provides free legal assistance to individuals who contact the hotline. Employer Impact …

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OSHA Officially Withdraws Vaccine-or-Test ETS

The Occupational Safety and Health Administration (OSHA) has withdrawn its vaccine-or-test Emergency Temporary Standard (ETS) for employers with 100 or more employees. This is the official end of the ETS—employers do not need to comply with it. OSHA is still proceeding with a permanent COVID standard via the regular (slower) rulemaking process, and that standard …

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Supreme Court Halts OSHA ETS Vaccination and Testing Mandate

On January 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS). The ETS was developed to establish a mandatory vaccination policy requirement for private employers with 100 or more employees. As a result, covered employers (those with …

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Agencies Issue Guidance on Coverage of OTC COVID-19 Tests

At-home COVID-19 tests must be covered even if they are obtained without the involvement of a health care provider. On January 10, 2022, the Departments of Labor, Health and Human Services (HHS), and the Treasury issued FAQ guidance regarding the requirements for group health plans and health insurance issuers to cover over-the-counter (OTC) COVID-19 diagnostic …

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OSHA Vaccine-or-Test Mandate is Back with New Deadlines

In a somewhat surprising turn of events, a three-judge panel from the Sixth Circuit Court of Appeals has lifted the stay on the OSHA vaccine-or-test mandate (the Emergency Temporary Standard, or ETS), which applies to employers with 100 or more employees. This decision is already being appealed, and the ETS could be put on hold …

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