COVID-19/Coronavirus, Employment Law, Hospitality, New York, State Developments

New York Extends Mask-or-Vaccine Requirement

January 16, 2022

Kelly M. Cardin New York
Stamford Author

On December 13, 2021, New York Governor Kathy Hochul instituted a mandate requiring that masks be worn in indoor public spaces, unless a covered business has implemented a mandatory vaccination requirement. The mandate was set to be reevaluated on January 15, 2022. However, as part of her “Winter Surge Plan 2.0,” and before the mandate’s original expiration date, Governor Hochul extended the mask-or-vaccine requirement for an additional two weeks, until at least February 1, 2022. As part of the announcement, the governor indicated that the state would reassess masking requirements in February 2022.

Employers in New York State may want to ensure that their practices comply with the obligations set forth in the mandate and continue implementing any required policies. Employers in New York City also may want to stay updated on how these requirements affect the New York City private-sector employer vaccine mandate.

Ogletree Deakins will continue to monitor and report on developments with respect to New York COVID-19 mandates and will post updates in the firm’s Coronavirus (COVID-19) Resource Center and on the New York blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.

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New Jersey Court Finds Employer Improperly Required Employee to Submit to Fitness-for-Duty Exam

The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a fitness-for-duty examination in limited circumstances. Quoting an Equal Employment Opportunity Commission Enforcement Guidance, the court found that fitness-for-duty examinations are permissible only when an employer “has a reasonable belief, based on objective evidence, that: (1) an employee’s ability to perform essential job functions will be impaired by a medical condition; or (2) an employee will pose a direct threat due to a medical condition.” In the Matter of Paul Williams, Township of Lakewood, No. A-0341-15T2 (January 25, 2016)

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The issue of whether the Occupational Safety and Health Administration (OSHA) can introduce evidence of a supervisor’s own misconduct to show employer knowledge of an OSHA violation has created a split in the circuit courts. In ComTran Group, Inc. v. U.S. Department of Labor, decided on July 24, 2013, the Eleventh…..

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