On October 8, 2021, the New York State Department of Labor (“NYDOL”) issued new guidance, largely in the form of Frequently Asked Questions (the “Guidance”), reflecting employment protections provided to cannabis users under the Marijuana Regulation and Taxation Act (“MRTA”), which was signed into law on March 31, 2021.  As noted in a recent

On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an order staying the implementation and enforcement of the Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”).  This order affirmed the Fifth Circuit’s original November 6, 2021 order, which granted petitioners’ emergency motion to stay the ETS pending

In yet another round of legislation and administrative decision-making, New York State recently expanded its paid vaccination leave requirements, whistleblower protection laws, and paid family leave requirements. New York employers should immediately review their employment policies and practices to ensure compliance with these new employment protections, which go into effect at the times described below.

On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published its Emergency Temporary Standard (“ETS”), 86 Fed. Reg. 61402, which requires employers with a total of 100 or more employees to develop, implement and enforce a mandatory COVID-19 vaccination policy or choose to subject employees who decline the vaccine to weekly testing.


On October 5, 2021, Governor Phil Murphy signed A-681 thereby amending the New Jersey Law Against Discrimination (“LAD”) to provide new protections against age discrimination for applicants and employees over the age of 70 years old.  Most notably for private employers, the amendments:

  • Eliminate employer immunity from age discrimination claims for failure to hire applicants