July 24, 2021

Volume XI, Number 205

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New York Lifts Remaining COVID-19 Restrictions

With 70 percent of adult New Yorkers having received at least one COVID-19 vaccine dose, as of June 15, 2021, New York lifted restrictions imposed on most industries under the NY Forward and COVID-19 Safety Plan rules that had been in effect since last spring.

COVID-19 rules remain in effect for large-scale indoor event venues, pre-K to grade 12 schools, public transit, homeless shelters, correctional facilities, nursing homes, and healthcare settings.

While the recently updated NY Forward rules for select industries are no longer in effect, the state’s implementation of the Centers for Disease Control and Prevention (CDC) guidelines on May 19, 2021, for unvaccinated individuals remains in place and requires unvaccinated employees to wear masks and social distance.

Employers still need to be cognizant of their general duty obligations under Occupational Safety and Health Administration (OSHA). OSHA continues to recommend that businesses follow CDC guidance related to COVID-19. Such guidance recommends that individuals (regardless of vaccination status) self-monitor for symptoms and individuals with COVID-19 and COVID-19 symptoms quarantine pursuant to Department of Health recommendations. Employers might want to consider a brief policy or memo reminding employees of their ongoing obligations to assist in preventing COVID-19 spread, even as the state’s mandated rules are lifted.

Employers still await the Department of Labor’s and the Department of Health’s issuance of their model airborne “Infectious Disease Exposure Prevention Standards” under the HERO Act. Such standards are due to be released by July 5, 2021. Employers will have 30 days from the date those model standards are issued to adopt either the model standard or implement their own standard.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 168
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About this Author

Jenifer Bologna Employment Lawyer Jackson Lewis
Of Counsel

Jenifer Bologna is Of Counsel in the White Plains, New York, office of Jackson Lewis P.C.

Ms. Bologna has extensive experience counseling employers on a variety of employment law issues. Ms. Bologna specializes in assisting employers in meeting the legal and practical challenges posed by federal and state laws protecting injured and ill employees, the most notable being the Americans with Disabilities Act and the Family and Medical Leave Act. In addition to counseling and training employers, Ms. Bologna represents management in workplace litigation in both...

914-872-6869
Richard Greenberg, Jackson Lewis, workplace grievances lawyer, arbitrations litigation attorney
Principal

Richard Greenberg is a Principal in the New York City, New York, office of Jackson Lewis P.C. He advises both unionized and union-free clients on a full-range of labor and employee relations matters.

With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free....

212-545-4080
Christopher M. Valentino, EEOC litigation, labor attorney, Jackson Lewis Law firm, employment litigator
Office Managing Principal

Christopher M. Valentino is Office Managing Principal of the Long Island, New York, office of Jackson Lewis P.C. and is a member of the firm’s Board of Directors. Mr. Valentino represents companies in matters relating to traditional labor, equal employment opportunity, employment litigation and related matters.

Mr. Valentino has extensive experience in all matters relating to EEO compliance and workplace laws and a frequent speaker at management education programs. Since joining Jackson Lewis in September 2000, he has regularly counseled clients in the...

631-247-4653
Associate

Matthew J. Bass is an Associate in the White Plains, New York, office of Jackson Lewis P.C. His practice focuses on representing employers in a wide range of labor and employment matters, including preventive advice and counseling.

While in law school, Mr. Bass served as the Managing Editor of the Washington and Lee Law Review and Lead Articles Editor of the German Law Journal. In addition, he served as a judicial intern in the U.S. District Court for the Southern District of New York. Outside of the classroom, Mr. Bass was the Chair of the...

914-872-8025
Associate

Henry S. Shapiro is an Associate in the Long Island, New York, office of Jackson Lewis P.C. His practice focuses on representing employers in workplace law matters, including preventive advice and counsel.

While attending law school, Mr. Shapiro was the Senior Articles Editor for the Hofstra Law Review and he became a certified mediator in New York State. Mr. Shapiro completed a Concentration in Labor & Employment Law while in law school.

Prior to joining Jackson Lewis, Mr. Shapiro was an Associate at a Long Island...

631-247-4651
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