The pro-union majority of the National Labor Relations Board appears to be moving to fulfill President Joe Biden’s campaign promises to make it easier for unions to organize employees and increasing the number of employees who can be represented by a union. The NLRB’s positions on micro-units, the definitions of “independent contractor” and “joint employment” are under review and almost certain to change… again.
On January 13, 2022, the U.S. Supreme Court issued two rulings on COVID-19 vaccine mandates that immediately impact employers throughout the country.
New York’s new digital workplace monitoring law takes effect May 7, 2022, and amends the state’s civil rights law to require employers to provide notice of electronic monitoring to employees. It was signed into law by Governor Kathy Hochul soon after the new state whistleblower law.
As anticipated, New York City issued guidance on December 15, 2021, addressing its new private sector vaccination mandate, as well as the recent expansion of its Key to NYC program, both discussed in our previous Alert.
OSHA’s Emergency Temporary Standard on COVID-19 Vaccination and Testing (ETS) is now in effect. The U.S. Court of Appeals for the Sixth Circuit reinstated the OSHA ETS (which had previously been stayed by the Fifth Circuit) on December 17, 2021. OSHA then announced that for employers making reasonable, good faith efforts to comply with the ETS, it would not begin enforcing: (1) all ETS requirements other than testing until January 10, 2022, and (2) the ETS testing requirement for unvaccinated employees until February 9, 2022.
In anticipation of the winter holiday season, New York Governor Kathy Hochul announced a new mask mandate that will apply to all businesses and venues that do not require proof of vaccination as a condition of entry.
New York City Mayor Bill de Blasio announced a first-in-the-nation COVID-19 vaccination mandate for private sector employees, which will take effect on December 27, 2021. He also announced that, starting December 14, 2021, the “Key to NYC” program―which requires vaccination of workers and customers at indoor dining, fitness, entertainment and performance venues―will require children ages 5-11 to show proof of one vaccine dose to enter those venues.
The District of Columbia Council has postponed the first effective date of voter Initiative 82, the “Tip Credit Elimination Act,” from January 1, 2023, to May 1, 2023.
In 2022, New York State and New York City enacted many new workplace laws, creating additional obligations for employers.
On December 16, 2022, a federal district judge in California denied artist Ryder Ripps’s and his partner’s anti-SLAPP motion and motion to dismiss in a closely monitored action filed against them by Yuga Labs, Inc. (“Yuga”), the creator behind the monumentally successful Bored Ape Yacht Club (“BAYC”) NFTs.
If your New Year’s resolution is fitness-related, we’re on the same page … or hamster wheel.
Even with the strictest compliance with Occupational Safety and Health Administration (OSHA) regulations and best workplace safety practices, on-the-job injuries from time to time are inevitable in the construction industry.
The Equal Employment Opportunity Commission (EEOC) promised in a March 2022 hearing to address what it considered to be “severe and pervasive” discrimination in the construction sector.
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