New York: Healthcare Worker Vaccine Mandate in Effect

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APPLIES TO

Healthcare Industry Employers with NY Employees

EFFECTIVE

August 26, 2021

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The New York State Department of Health issued emergency regulations requiring workers in healthcare facilities to get vaccinated. The emergency regulations expand on the Summary Order on vaccination issued a week prior. The regulations apply to specific categories of healthcare providers, including hospitals, nursing homes, diagnostic and treatment centers, certain home health agencies and programs, hospices, and adult care facilities. They also apply to anyone employed by or affiliated with a covered employer, regardless of whether they are paid.

Hospitals and nursing home workers must receive their first vaccine dose by September 27, 2021; all other categories of healthcare providers must have their employees receive their first dose by October 7, 2021. Unless an individual has a medical exemption, employees are not permitted to work if they do not meet the requirements by the stated deadlines. There is no exemption for religious beliefs.

Employers must issue a vaccination policy consistent with the regulations. They must also keep evidence of vaccination status, medical exemption certifications, and reasonable accommodations. The emergency regulations will expire on November 24, 2021, unless further action is taken.

 

Action Items

  1. Review the emergency regulations here.
  2. Implement a mandatory vaccine policy and procedures consistent with the new requirements.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2021 ManagEase

New York, NY: Mandatory Retirement Savings Plan for All Employees

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APPLIES TO

All Private Employers with 5+ NYC Employees

EFFECTIVE

August 9, 2021

QUESTIONS?

Contact HR On-Call

(888) 378-2456

New York City Bill Nos. 888-A and 901-A, collectively referred to as the “Retirement Security for All” acts, will require private employers of five or more employees to enroll covered staff in either a city or company-managed retirement savings plan.

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Rhode Island: Enacts Pay Equity Amendments with New Requirements, Effective 2023

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APPLIES TO

All Employers with RI Employees

EFFECTIVE

January 1, 2023

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Rhode Island’s existing Equal Pay Law will see some important updates effective January 1, 2023, incorporating new requirements for business owners. The new amendments seek to combat wage discrimination by refining wage differentials, increasing wage transparency, and prohibiting employers from relying on wage history information when making hiring decisions.

 

Wage differentials. Under the original Equal Pay Law, employers cannot discriminate in the payment of wages based on sex. The new statute amends this provision to prohibit employers from paying any employees less than another employee of another race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of origin where both employees perform comparable work. “Comparable work” is defined as substantially similar in skill, effort, and responsibility, and performed under similar working conditions. If a wage differential exists, employers must show the differential is based on an accepted factor. Permissible factors for differentials include things like a seniority or merit system, geographic location impacting cost of living, education, training, or experience.

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Virginia: Update to Final Permanent Standard to Prevent Transmission of COVID-19

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APPLIES TO

As Indicated

EFFECTIVE

As Indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

 

Last year, Virginia implemented an emergency temporary standard to combat COVID-19. This year, Virginia made the standard permanent.  On September 8, 2021, new updates to the Final Permanent Standard were issued to streamline the rules and make them compatible with current standards.

Exposure risk levels (lower, medium, high, very high) have been eliminated in favor of two main distinctions: “higher-risk” workplaces and healthcare services and support employers.  Higher-risk workplaces are those with employees who are not fully vaccinated, are in a location with substantial or high community transmission (regardless of vaccination status), and otherwise at-risk workplaces where employees are working close together, have prolonged or frequent contact with coworkers or the public, work indoors with inadequate ventilation, may be exposed to the virus through respiratory droplets or aerosols, or commonly share employer-provided transportation and living quarters. The update also provides examples of higher-risk workplaces.

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September Updates

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APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

2019 & 2020 EEO-1 Reporting Deadline Extended for the Final Time

Acknowledging the continuing impact of the pandemic on business operations, the U.S. Equal Employment Opportunity Commission decided to extend the reporting deadline for 2019 and 2020 EEO-1 filings once again. This final extension moves the new deadline out to Monday, October 25, 2021.

Private sector employers of over 100 or more employees, and federal contractors of 50 or more who meet certain criteria, are required to submit demographic workforce data each year. Employers can complete their EEO-1 filing online.

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Do New Executive Orders Create a Vaccine Mandate for Employers?

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APPLIES TO

All Employers with 100+ Employees

EFFECTIVE

September 9, 2021

QUESTIONS?

Contact HR On-Call

(888) 378-2456

 

On September 9, 2021, the White House issued two executive orders and announced additional forthcoming rules regarding COVID-19 safety requirements as part of its Path Out of the Pandemic Action Plan (Action Plan). Employers now have questions about what this news means for them. So, let’s break down each piece.

 

All Employers with 100+ Employees

President Biden announced that he instructed the Occupational Safety and Health Administration (OSHA) to draft a new emergency rule requiring private employers with 100+ employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. Additionally, employers must provide their workers with paid time off to get vaccinated against COVID-19 and recover from any vaccination-related side effects. OSHA is expected to issue the emergency rule in coming weeks, which will reportedly include a required $14,000 fine per violation for failure to comply.

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