Despite COVID-fatigue, it is increasingly apparent that employers are likely to continue to deal with COVID-19 related employment issues throughout 2022. Just as we hoped the disruptions that had defined 2020 and 2021 would dissipate into the New Year, the Omicron variant reignited the proverbial fire. Still, notwithstanding the focus on COVID-19, the New Year is slated to bring a host of other employment law issues affecting New York employers.

Vaccination Mandates

Although experts are still studying the Omicron variant, data suggests that it is more transmissible than other COVID-19 variants, leading governmental officials and employers to re-evaluate current COVID-19 safety protocols. Companies which had not previously instituted mandatory vaccination policies have been reconsidering as the virus continues to disrupt workplaces and in order to adapt to the changing legal landscape.

New York employers are particularly impacted by several COVID-19 measures enacted over the past few months and which will continue to remain in effect at least through early 2022, including, without limitation:

• the New York State Health and Essential Rights Act (HERO Act), which requires employers to implement different face covering requirements depending on whether all individuals, including, but not limited to, employees, on the premises are fully vaccinated;

• the NYS Health Commissioner's December 10th Determination on Indoor Masking, which largely tracks the face covering requirements of the HERO Act; and

• the New York City private employer vaccine mandate, which requires workers who perform in-person work or interact with the public in NYC to have submitted proof they received at least one dose of a COVID-19 vaccine by Dec. 27, 2021, and a second dose, if needed to be fully vaccinated, within 45 days thereafter.

Employers implementing mandatory vaccination policies, whether voluntarily or to comply with a legal requirement, should ensure that their policies address the need for accommodations based on a qualified individual's disability or sincerely held religious belief, and for other qualifying reasons, such as pregnancy.