CDC Guidance for the Fully Vaccinated, NY HERO Act, ABC Test, and FAAAA Preemption

Welcome to #WorkforceWednesday. This week, we focus on the Centers for Disease Control and Prevention’s (CDC’s) new guidance for vaccinated individuals and what it means for accommodations.

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Employers Navigate New CDC Guidance for Fully Vaccinated Individuals

Last week, the CDC updated its guidelines to state that it is safe for fully vaccinated people to resume normal activities without masks or social distancing “except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” Attorneys Shira Blank and Susan Gross Sholinsky explain what this means for employers and businesses that are places of public accommodation.

NY Enacts “First in the Nation” HERO Act

New York Governor Andrew Cuomo has signed the Health and Essential Rights Act (HERO Act), a “first in the nation” law. The HERO Act requires New York agencies to develop an industry-specific model airborne infectious disease exposure prevention standard that will establish minimum workplace requirements beyond the COVID-19 pandemic. Click for more.

Ninth Circuit Says CA ABC Test Not Preempted by Federal Aviation Administration Authorization Act (FAAAA)

For decades, the practice of motor carriers arranging for freight to be transported by independent owner-operators—i.e., independent contractors who drive their own trucks—has been ubiquitous. However, this practice is now under threat in California because of the Ninth Circuit’s recent decision in CTA v. Bonta. Read more about the decision.

Other Highlights

Illinois Expands Kin Care Law

Illinois has recently amended the state’s employee sick leave act to permit IL employees to use their personal sick leave benefits to attend to the “personal care” of a covered family member. Here’s more.

Training Your Remote and Hybrid Workforce

Anti-harassment training that reinforces behaviors that foster respect and inclusion is more important than ever. Learn the “7 Rules of the Road,” a preview of Epstein Becker Green’s online training Halting Harassment^®, which has recently been updated to include information and scenarios specific to the remote and hybrid work environment.

What We’re Reading

“Unions Organizing on Zoom Catch Employers by Surprise,” a Law360 Employment Authority article featuring attorney Steve Swirsky. (Read the full version – subscription required.)

About Employment Law This Week

For employers navigating risk, workforce, and the bottom line. Employment Law This Week® delivers the employment and labor developments that matter—without the noise. Part of the Epstein Becker Green Insights Network.

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