The U.S. Centers for Disease Control (CDC) recently updated guidance for people who are vaccinated in non-healthcare settings.  People are considered fully vaccinated as of two weeks of receiving either the second dose of a two-dose vaccine (e.g., Pfizer-BioNTech or Moderna) or the only dose of a single-dose vaccine (e.g., Johnson and Johnson).

A recently-passed bill requires certain employers in hospitality and business services-related industries to offer to rehire covered employees who were laid off during the pandemic. SB 93, signed on April 16, 2021, obliges employers to consider rehiring before engaging entirely new workers, and to notify former employees who were not rehired due to lack of qualifications.

House Bill 20, also known as the Healthy Workplaces Act, will require employers to provide paid time off for sick and safe time (PSST) purposes starting July 1, 2022. A summary of key provisions of the act are listed below.

The New York Health and Essential Rights Act (HERO Act) adds new occupational safety and health rules that set minimum safety standards for the private sector. The Act covers all workers, including independent contractors. The state Commissioner of Labor together with the State Department of Health must prepare model airborne infectious disease exposure prevention standards. As of June 4, 2021, employers may either adopt the model standards or create their own safety plan that meets or exceeds the minimum standards established by the Labor Commissioner. Employers must distribute the plan to employees in English and the employee’s primary language if other than English, post the plan in the workplace, and incorporate it into the employee handbook.

The Virginia Human Rights Act (VHRA) has been expanded to prohibit discrimination on the basis of disability. Employers must provide a reasonable accommodation to qualified employees, unless the accommodation would cause an undue hardship. To do this, employers must engage in a timely, good faith interactive process to determine if the requested accommodation is reasonable or discuss alternative accommodations. Employers also cannot retaliate against an employee who requests or uses a reasonable accommodation, deny employment opportunities because the employer is required to provide a reasonable accommodation, or require the employee take a leave of absence if another reasonable accommodation can be provided.

Before denying an accommodation request because of an undue hardship, the employer must consider the hardship on the employer’s business, size of the applicable facility, nature and costs of the accommodations needed, the possibility that the same accommodations may be used by another employee, and safety and health considerations of the person with a disability.

Employers must include language in employee handbooks to include information about employee rights to reasonable accommodation based on disability. A required poster must also be displayed in a conspicuous place in the workplace. Additionally, employers must provide notice of employee rights upon hire and within 10 days following receipt of notice that an individual has a disability.

Action Items