Hurwitz Fine's Labor & Employment team provides an update on the OSHA COVID-19 mandate and what this means for New York private employers with one hundred or more employees. 

Covid-19 has yielded a significant amount of personal injury litigation against health care institutions and individual providers.  In response, the federal government and many state governments have passed statutory immunity from civil and/or criminal liability for health care provided during the pandemic.  As discussed by attorney Kara Eyre, the scope and application of these statutes varies by jurisdiction, with important ramifications.

The COVID-19 pandemic instigated a wave of legislation in New York state targeted at nursing homes. Medical Malpractice and Nursing Home Liability Associate Stephanie L. McCance explores the implications and practicalities of this legislation rollout for facilities, and the potential impact that these new regulations may have on future litigation.

On November 4, 2021, the U.S. Occupational Safety and Health Administration (“OSHA”) issued a new Emergency Temporary Standard (“ETS”) “intended to establish minimum vaccination, vaccination verification, face covering, and testing requirements to address the grave danger of COVID-19 in the workplace.” 

The Labor & Employment team provides an overview of the basics of the ETS, an update on legal challenges to the rule, and what employers can do now to prepare.

Insurance Litigator Lee S. Siegel was quoted in a Law360 article, "COVID-19 Coverage Fights Head to State High Courts" by Shawn Rice. He comments on whether the courts will be consistent with their decisions on COVID-19 coverage fights or will take a more state-specific approach.

New guidance released by the Equal Employment Opportunity Commission (“EEOC”) on October 13, 2021, discusses vaccine mandates and employer incentives for vaccination.  The new guidance also discusses employer requests for vaccine confirmation and confidentiality of employees’ vaccine information. Attorney Katherine L. Wood advises on this guidance.

The Commissioner of Health has extended the designation of COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health under the New York Health and Essential Rights (“HERO”) Act until October 31, 2021. The New York State Department of Labor released updated Information & FAQs on the HERO Act and updated the Model Airborne Infectious Disease Exposure Prevention Plan.  This alert summarizes these recent developments.

Determining whether to grant a particular accommodation under the Americans with Disabilities Act (“ADA”) can be a tricky area for employers to navigate.  Adding COVID-19 considerations to the discussion has complicated matters even further.  Hurwitz Fine's Labor & Employment team examines a recent lawsuit filed by the Equal Employment Opportunity Commission (“EEOC”) that should be taken into consideration when analyzing whether to grant or deny telework accommodations.

Insurance Litigator Lee S. Siegel was featured in a Law360 article, "Pandemic, Cyberattacks Fuel Demand for Insurance Attys," on his take on the recent demand for insurance attorneys.

Labor & Employment offers insight on what New York employers need to know about implementing their workplace safety plans.

Most people with COVID-19 get better within weeks, however, some people continue to experience symptoms that can last months after first being infected, or may have new or recurring symptoms at a later time. Labor & Employment team discusses how "Long Covid" may affect disability claims and what it means for employers.

Due to concerns over the Delta variant of COVID-19, the CDC has reversed its prior guidance, now stating that fully vaccinated individuals should wear masks when indoors in COVID-19 hot spots.  Previous CDC guidance stated that fully vaccinated individuals no longer had to wear masks in public places.  Employers should be aware of this changing landscape, as workplace safety implications are likely to arise as CDC guidance changes.

Insurance Coverage attorney Ryan P. Maxwell was featured in an article in LAW360's Opinion column, "COVID Coverage Suits In NJ Prove Tough For Policyholders."

In May, New York State passed the New York Health and Essential Rights (“HERO”) Act, which took effect on June 4, 2021.  The HERO Act imposes many workplace safety requirements on employers with the aim of preventing the spread of COVID-19 and other airborne diseases. 

On Friday, July 2, 2021, the Eighth Circuit Court of Appeals rendered a decision in Oral Surgeons, P.C. v. The Cincinnati Insurance Company, Case No. 20-3211 (8th Cir. July 2, 2021), upholding the decision of the trial court from the United States District Court for the Southern District of Iowa. Attorney Ryan P. Maxwell provides updates.

On May 24, 2021, a series of Administrative Orders were issued affecting procedures in residential evictions, commercial evictions, and foreclosure matters. Attorney Alexis M. Florczak provides updates. 

Hurwitz & Fine Labor & Employment team answers five commonly asked questions about COVID-19 vaccination policies.

Despite the recent lifting of mask mandates for vaccinated people across the state, New York has imposed a new COVID safety law, which employers should be aware of.  The new law, the New York Health and Essential Rights (“HERO”) Act, was passed in early May and goes into effect on June 4, 2021.