On May 5, 2021, New York Governor Andrew Cuomo signed into law the New York Health and Essential Rights Act (“HERO Act”) providing new workplace safety requirements on all employers in.
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In January 2020, New Jersey Governor Phil Murphy signed the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act (“NJ WARN Act”) requiring employers to provide severance to employees who lose their job in a mass reduction in force. Due to the pandemic, New Jersey amended the effective date of the NJ WARN Act to 90 days after the termination of Executive Order 103 (“EO 103”) of 2020, which declares a state of emergency in New Jersey due to COVID-19.
Currently, EO 103 is set to expire on June 13, 2021. Governor Murphy indicated that EO 103 may not be extended further if New Jersey manages the ongoing threat to public health without the need of the state of emergency. If EO 103 expires on June 13, 2021, the NJ WARN Act will go into effect on September 11, 2021.
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On May 18, 2021, the Health Office of the County of Santa Clara, California, issued a new COVID safety measure order. The Order became effective May 19, 2021, and will remain in effect until rescinded, superseded or amended. The Order can be found here.
The most notable portion of the Order is the requirement – in Section 9(c) – that all governmental entities and businesses ascertain the vaccination status of their personnel. This must be done within 14 days of the effective date of the Order, i.e., by June 2, 2021. Thereafter, updated information for all unvaccinated personnel must be obtained every 14 days. Records must be kept demonstrating compliance with this provision. Any person whose vaccination status cannot be determined (and this would include someone who refuses to disclose their status) must be treated as unvaccinated.
With many consumers turning to more shopping online, what liability do online marketplaces face when a product is sold to a consumer by a third-party seller that is defective or.
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The federal Occupational Safety and Health Agency (“OSHA”) has issued a statement indicating that it is reviewing and revising its Workplace Guidance in light of the CDC announcement last week regarding mask requirements for vaccinated individuals. In additions, OSHA has instructed employers to follow the new CDC Covid-19 recommendations until OSHA can revise its own guidance. The Occupational Safety and Health Administration said in a website update Monday that it is “reviewing the recent CDC guidance and will update our materials on this website accordingly.” Until then, it said, employers and workers should refer to the CDC guidance for information “on measures appropriate to protect fully vaccinated workers.”