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

On September 23, 2021, New York State issued Information and FAQs (the “FAQs”)[1] regarding the New York State Health and Essential Rights Act (“HERO Act”), as well as updated model workplace exposure prevention plans.  As we previously reported, the New York Commissioner of Health designated COVID-19 as a covered “highly contagious communicable disease”

On September 9, 2021, President Biden released a new six-pronged national plan, the Path Out of the Pandemic (the “Plan”), to try and curb the spread of the COVID-19 pandemic.The Plan includes the following measures:

1. President Biden signed an Executive Order that all Executive Branch employees must be vaccinated with limited exceptions. Each federal