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Employment Law This Week: Challenges and Guidance on Biden’s Vaccine Mandate, NY HERO Act Form Updated, Job Application Compliance
Wednesday, September 29, 2021

As featured in #WorkforceWednesday:  This week, we update you on recent guidance for and challenges to President Biden’s requirement that employers with 100 or more employees, federal employers and contractors, and health care employers mandate COVID-19 vaccination.

Presidential Vaccine Mandate: Challenges and Guidance

President Biden’s COVID-19 action plan set off a flurry of new guidelines for employers as well as challenges to the plan. Last week, new challenges were introduced in the courts, and the Safer Federal Workplace Task Force released guidance for federal employers and contractors on implementing mandatory vaccination policies. Attorneys Jill Bigler and Nathaniel Glasser tell us more. You can also read more about the guidance for federal contractors.

New York Updates HERO Act Model Plan

The New York State Department of Labor recently updated its general model airborne infectious disease exposure prevention plan for employers’ use in complying with the NY HERO Act. The updated language appears to give employers with fully vaccinated workplaces more flexibility in whether to mandate face coverings. Read more.

Job Application Changes for Complying with New State Laws

To promote fair hiring practices, a number of states and localities have passed legislation specifically prohibiting employers from soliciting certain information from candidates at the pre-hire stage, including on an employment application. In light of these laws, application questions around age, criminal history records, prior salary, and salary expectations need to be addressed.

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