We are pleased to share a recent Corp! article, “Supreme Court Stops Biden’s Vaccine Mandate for Large Businesses,” with quotes from Robin Samuel. The U.S. Supreme Court stopped the Biden administration from imposing COVID-19 vaccine mandates, which called for businesses with 100 or more employees to require workers be vaccinated against COVID-19 or provide a
This year New York employers have had to scramble to keep up with many new employment laws, and next year promises more of the same. The latest: New York City Mayor Bill de Blasio’s December 6 mandate that private sector employers require COVID-19 vaccines for their workers in NYC. If it survives expected legal challenges and takes effect December 27 (Happy Holidays!), the rule will be the broadest mandate of any state or large city in the US. From minimum wage increases, to regulations on the use of artificial intelligence tools in employee recruitment, to notice requirements for electronic employee monitoring, to New York’s fulsome response to COVID-19 through the HERO Act—private sector employers in New York have a laundry list of changes to implement and prepare for.
Below we highlight the 10 major employment law changes and updates that businesses need to know.
New York City Vaccine Mandate To Hit All Private Employers December 27
By the end of the month, all in-person private sector New York City employees must have at least one dose of a COVID-19 vaccine, according to an announcement by Mayor de Blasio. The mandate, which will take the form of an order issued by the NYC Department of Health and Mental Hygiene, will apply to nearly 184,000 businesses and will not be limited to businesses in certain industries or based on company size. The mandate will most likely parallel the city worker mandate in that employers will, in certain instances, be permitted to make reasonable accommodations to mandatory vaccination policies for employees with legitimate religious or medical reasons, but will not permit any testing options in lieu of the vaccine. The mandate will not apply to fully remote employees or those who are alone at a worksite. The city has not yet announced whether employers will face inspections or fines if they fail to follow the mandate, but it intends to release implementation and enforcement guidelines by December 15, 2021.
The new mandate is the first of its kind on a local level while the federal vaccine rule for private employers with 100 or more employees remains on pause amid several legal challenges. The city mandate is also set to go into effect only days before the New York City mayoral transition, leaving future enforcement of the mandate uncertain.
- Stay abreast of further city announcements concerning additional guidance on the vaccine mandate.
- Operate under the assumption that the vaccine mandate will take effect December 27, 2021, and notify employees of the new mandate so unvaccinated employees have sufficient time to get vaccinated.
- Implement procedures to verify applicable in-person employees vaccination status and prepare to collect vaccination records as confidential medical information.
- Prepare to establish a mandatory vaccination policy and a process for employees to request exemptions, to the extent your business has not already done so.
- Begin considering operational contingency plans if your business expects that a significant portion of the workforce will not get vaccinated.
We identified and mapped out our most relevant blog posts, articles and video chats to serve as a quick and handy roadmap to recovery and renewal for your company.
Our 2022 Employment & Compensation Resource Navigator provides US multinational companies organized links to Baker McKenzie’s most helpful, relevant thought leadership in one brief document. Arranged…
Special thanks to guest contributor: Helena Engfeldt.
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Can private employers mandate vaccination as a condition of returning to the workplace? The recent spike in the COVID-19 Delta variant has caused the re-closure of worksites or changes to workplace safety protocols, leading to legal developments that provide more clarity to this issue.
In this Quick Chat video, our Labor and Employment lawyers breakdown…
COVID-19 vaccinations have been administered in the US for several months now. Employers are considering their available options in order to push employees to get vaccinated as quickly as possible, especially considering recent concerns around the variants of the virus. In our Mandatory Vaccinations in the Workplace 2.0: Spring 2021 Update video, we continue to…
We are exited to invite you to our two-part Annual Illinois Employer Update on February 2, 2021 from 1:00 – 2:15 pm CST and February 4, 2021 from 3:00 – 4:15 pm CST.
In two 75-minute virtual sessions, we will forecast what is likely to have the most significant impact on Illinois employers in 2021,…
Now that COVID-19 vaccinations are being administered in the US, employers have to figure out what to do in terms of vaccinating the workforce.
To learn more click here to access the video.