March Update and Look Ahead
MARCH UPDATES AND LOOK AHEAD
I’ll start with the (shrinking) Vax and Mask Update: On the State front, the Governor lifted the mask-or-vax rule for most businesses in early February. Healthcare facilities will still be held to the vaccine and mask mandates, and masks are still required in public transportation, correction, and shelter systems. On the City front, the Mayor has lifted the vaccine mandate for customers as of March 7 (Monday), but it remains intact for all employees. Also intact is the school mask mandate (for now).
None of this means that a business cannot choose to impose mandates – both for customers as well as employees, either for masks or vaccination or both – and many have. If you are an Employer (or running a business of any kind) and want to impose such rules, remember that:
· You must consider and process requests for exemptions or accommodations; and
· Whatever rules are implemented must be applied evenly across the board.
Time and time again I have seen a client’s attempts to comply with the latest guidance end up as an employee complaint of some kind. The rules must be clear and followed consistently.
On a related note, remember the state Health and Essential Rights (HERO) Act rules are still in effect. On February 15, the Governor redesignated COVID a “highly contagious communicable disease that presents a serious risk of harm to the public health”. That designation expires March 17th. Until then (and if there is not another), all Employers must have their HERO Act Plans implemented. You can find a model plan here: https://dol.ny.gov/system/files/documents/2022/02/mock-p765_ny-hero-act_model-airborne-exposure-prevention-plan_02-10-22_0.pdf
Important for people with in-home workers: On March 12th, the New York City Human Rights Law extends to domestic workers. This means that anyone who works more than occasionally or irregularly for you in your home is entitled to all the protections the Law contains against harassment, discrimination, and retaliation. It also means that all domestic employers will now have a notice requirement and accommodation obligation. More information about the Law and its implications is available at: https://www1.nyc.gov/assets/cchr/downloads/pdf/publications/Domestic-Workers-339-Fact-Sheet.pdf
Looking ahead, we will be watching the State Budget proposal that includes elimination of non-competes, non-solicitations, and an increase to wage theft penalties. In the City, we are waiting to see if the NYC Commission on Human Rights promulgates rules regarding the new salary transparency law that takes effect on May 15. Stay tuned if any of these things effect you.
For those who are not just impacted but are also interested and want to hear more about what these rules mean and how Employers are dealing with them, please join the Brooklyn Chamber of Commerce for a panel discussion next Tuesday: Shrinking Workforce, Expanding Regulation:
https://www.brooklynchamber.com/events/. I’ll see you there.
