For those of you with establishments in New York City, note that this week, Mayor Bill de Blasio and the New York City Commissioner of Health and Mental Hygiene issued a private employer vaccine man
date, and yesterday published this implementation guidance for employers.
The key provisions of the mandate include:
1. Beginning December 27, 2021, workers must provide proof of vaccination against COVID-19 to a covered entity before entering the workplace, and a covered entity must exclude from the workplace any worker who has not provided such proof, unless they are provided an accommodation for a disability or religious reason.
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- “Covered entity” means:
- a non-governmental entity that employs more than one worker in New York City or maintains a workplace in New York City; or
- a self-employed individual or a sole practitioner who works at a workplace or interacts with workers or the public in the course of their business.
- “Worker” means an individual who works in-person in New York City at a workplace. Worker includes a full- or part-time staff member, employer, employee, intern, volunteer or contractor of a covered entity, as well as a self-employed individual or a sole practitioner.
- Worker does not include:
- an individual who works from their own home and whose employment does not involve interacting in-person with co-workers or members of the public;
- an individual who enters the workplace for a quick and limited purpose (such as to use the bathroom, make a delivery, or clocking in and receiving an assignment before leaving to begin a solitary assignment); or
- non-City residents who are performing artists, college or professional athletes, or individuals accompanying such performing artists or college or professional athletes who do not have to display proof of vaccination pursuant to the Key to NYC program, Emergency Executive Order No. 316 and successor Orders.
- Worker does not include:
- “Workplace” means any location, including a vehicle, where work is performed in the presence of another worker or member of the public.
- “Proof of vaccination” means one of the following documents demonstrating that an individual has (1) been fully vaccinated against COVID-19; (2) received one dose of a single-dose COVID-19 vaccine; or (3) received the first dose of a two dose COVID-19 vaccine, provided that a worker providing proof of only such first dose provides proof of receiving the second dose of that vaccine within 45 days after receiving the first dose:
- A CDC COVID-19 Vaccination Record Card or other official immunization record from the jurisdiction, city, state, or country where the vaccine was administered, or from a healthcare provider or other approved immunizer who administered the vaccine, that provides the person’s name, vaccine brand, and date of administration. A digital photo or photocopy of such record is also acceptable.
- New York City COVID Safe App showing a vaccination record;
- A valid New York State Excelsior Pass/Excelsior Pass Plus;
- CLEAR Health Pass; or
- Any other method specified by the Commissioner as sufficient to demonstrate proof of vaccination.
- “Covered entity” means:
2. Workers in New York City who perform in-person work or interact with the public in the course of business must show proof they have received at least one dose of a COVID-19 vaccine by December 27th.
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- Workers will then have 45 days to show proof of their second dose (for Pfizer or Moderna vaccines).
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The holiday season is here, and employees are looking forward to celebrating with their family and co-workers. However, the office holiday party – an anticipated yearly tradition in many workplaces – has now become a cause for concern for employers, especially amidst the current national conversation about workplace sexual harassment.
One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to those workplace standards. In particular, sexual harassment has been a significant issue in the workplace since men and women began working alongside each other. However, it wasn’t until 1964, when Congress passed Title VII of the Civil Rights Act, that discrimination and harassment in the workplace was explicitly prohibited at the federal level. Since then, several more anti-discrimination laws at both the state and federal level have been passed and countless judicial opinions denouncing unrestrained work culture and impermissible acts have been published. So why is this still a hot button issue in the workplace over 50 years later?
BLR recently published a two piece article in the HR Daily Advisor by 
On November 16, 2016, a Texas federal judge permanently blocked the U.S. Department of Labor (“DOL”) from enforcing its persuader rule in National Federation of Independent Business, et al. v. Thomas E. Perez, et al., Case No. 5:16-CV-066-C. As we previously reported in a 
By: 
The Summer/Fall 2016 issue of Virginia Human Resources Today Magazine featured an article by 
NFL football season around the corner, many employers are likely hearing chatter around the workplace about the upcoming season, predictions, and office football leagues. Office betting pools can have both a positive and negative impact on the workplace. While most employees view betting pools as typical office fun, employers often suffer the consequences, such as a drain on productivity and resources as well as the legal issues that go with employees gambling at work. However, employers can take certain steps to ensure that gambling in the workplace does not violate state law, impact productivity, or result in multiple HR complaints while maintaining high employee morale.