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Employment Law Today

Tuesday, March 15, 2022
15
Mar
Facebook Live Video from 2022/03/15 - Navigating The Changing Employment Law Landscape

 
Facebook Live Video from 2022/03/15 - Navigating The Changing Employment Law Landscape

 

2022/03/15 - Navigating The Changing Employment Law Landscape

[NEW EPISODE] Navigating The Changing Employment Law Landscape

The audience will gain a better understanding of the employment law issues to keep in mind, along with successful approaches that employers can take when implementing new workplace policies for their employees.

Navigating The Changing Employment Law Landscape: 

With the Covid-19 pandemic constantly changing, so too are the federal, state, and municipal laws that employers must follow. From vaccine mandates to mask mandates, changes to paid leave laws, and new / stricter workplace safety requirements, it's easy to get overwhelmed as a business owner.  

On the next episode of Employment Law Today, host Eric Sarver (Law Offices of Eric M. Sarver), an employment law / business law attorney, will provide an overview of the Covid-19-related employment laws, while sharing successful approaches employers can take when implementing new workplace policies for their employees.

Tune in for this informative conversation at TalkRadio.nyc or watch the Facebook Livestream by clicking here.


Show Notes

Segment 1

This week, Eric does a one man show where he will provide an overview and update on Coivid19 related employment laws as well as issues with recent changes. Eric introduces his guest; jokingly it’s of course himself, but as always he gives an introduction. In this case, we get to learn more about Eric Sarver. Eric started practicing law in late 1998 into early 1999 and started the Law Offices of Eric M. Sarver in 2001, representing small businesses, midsize businesses and startups. He shared with us a slide presentation in the livestream on Facebook. He speaks about the laws revolving around vaccine mandates and exemptions. He shares examples about reasonable accommodations in businesses between employers and employees. Eric also mentions mask mandates for all state employees and how it has changed for private employees as well.

Segment 2

Eric talks about the NYC vaccine mandates which were implemented for transit, going into restaurants, entertainment venues, and more. It was announced by former Mayor Deblasio for private sector employees. In late December, there was another mandate for other employees which dealt with whether employees received their first and/or second dose of the Covid vaccine. Eric dives deep into examples of different scenarios for covered employers and covered workers. He recommends talking to HR professionals who work for your company or to an employment lawyer to know more about these issues and also goes more in detail about reasonable accommodations for those who can’t get vaccinated. Other than religion or a disability, there are reasons like pregnancy, childbirth, or status as a victim that he talks about. Some reasonable accommodations are a leave of absence, masking/PCR testing weekly, or telework/remote work. Things that aren’t accommodated have to do with issues like an employee not complying or using different news in the media as a reason to not get vaccinated.

Segment 3

Eric talks about the topic of returning to work which is something happening more recently. Some businesses have a hybrid model, remote work model, or have everyone come back in person. He talks about laws or regulations employers can or should implement. Eric talks about the mistaken assumption that telework will always be reasonably accommodated. If an employee for example, has fear for their health and safety, an employer isn’t obligated to accommodate their employee’s request to stay home. It can be accommodated, but that’s if it is reasonable of course, and that it won’t affect the business in terms of finance. But as Eric says, you should speak to an employment lawyer if needed. Risk of complications related to disabilities, childbirth, pregnancy, or age can be accommodated. There are also other issues like unable to secure childcare that many people are facing.

Segment 4

In this segment, Eric talks about something you’d need to consider if you have employees. He mentions the Covid Relief Hero Act. In May of 2021, the NY Hero Act was signed into law. Eric mentions standards and requirements that employers have done for precautions and safety for employees in the workplace. The main takeaways are that you as an employer make sure that you follow industry standards, local and federal guidelines, as well as develop and execute plans to monitor the health and wellbeing of employees. Before closing the show, Eric talks to us about his guest for next week and the topic which will be about finding your purpose as an employer and motivation. You can get in touch with Eric Sarver by visiting Sarver-law.com as well as every Tuesday at 5pm EDT for Employment Law Today right here and live on Facebook.


Transcript

00:00:39.900 --> 00:00:50.220 Eric Sarver, Esq.: Good evening, welcome to employment law today i'm your host erick soft or i'm going to apply a lot and business law attorney I host this live weekly talk radio show.

00:00:50.610 --> 00:01:01.110 Eric Sarver, Esq.: Every Tuesday night at 5pm to 6pm Eastern standard time that's live radio show with a video broadcast component right here on talk radio dot nyc.

00:01:01.590 --> 00:01:10.590 Eric Sarver, Esq.: and on my show I have guests, very often most weeks, when we talk about some of the most interesting and novel and cutting edge issues.

00:01:10.950 --> 00:01:24.780 Eric Sarver, Esq.: Of the day related to employment, employment law for relations business and other challenges that you as a business owner or a small to mid sized entrepreneur or startup might be facing.

00:01:25.560 --> 00:01:34.800 Eric Sarver, Esq.: So this week in the spirit of having guests with interesting topics i'm pleased to announce a very special guest i've known him my whole entire life.

00:01:35.520 --> 00:01:57.840 Eric Sarver, Esq.: Since infancy, or through law school and also practice and that guest is myself little time to take you over there, and today folks I decided to give an update on the various employment law issues that many companies are facing because really employment law is constantly changing and.

00:01:58.920 --> 00:02:05.970 Eric Sarver, Esq.: Right now, and with the pandemic, there are so many new rules, regulations to follow that it's really important to have an idea.

00:02:06.360 --> 00:02:18.180 Eric Sarver, Esq.: And as of knowing what these rules are and what you need to do to stay afloat and stay abreast of the recent changes in La so i'll briefly give a little intro to myself to each show, but I say that.

00:02:18.750 --> 00:02:25.830 Eric Sarver, Esq.: I started practicing law in the late fall of 1998 1999 worked at a couple of small.

00:02:26.430 --> 00:02:33.420 Eric Sarver, Esq.: law firms and employment law and civil rights litigation and appeals and then started my law practice a law offices.

00:02:34.020 --> 00:02:47.010 Eric Sarver, Esq.: Eric burdon April 2001 I can't believe next month be 21 years but, but it is, and so I represent small to mid sized companies, as I mentioned business owners in all matters of employment law business law label.

00:02:47.610 --> 00:03:02.610 Eric Sarver, Esq.: So with that intro and that opening let's share the screen here, I had a PowerPoint i'd like to share with those of you that didn't see the show tonight, let me just do that right now right.

00:03:03.660 --> 00:03:16.440 Eric Sarver, Esq.: Now right various and putting my tech skills to the test here Okay, so in private previous prior presentations on this topic, I went into a long.

00:03:17.100 --> 00:03:33.300 Eric Sarver, Esq.: description of the status of the federal vaccine mandates in terms of what the by demonstration have put forth last November 2021 and the winding road that it took through the courts, the federal courts and the venture, the Supreme Court where ultimately was stopped.

00:03:34.350 --> 00:03:39.990 Eric Sarver, Esq.: And so, that being said, notwithstanding certain changes to the federal vaccine mandates.

00:03:40.440 --> 00:03:51.630 Eric Sarver, Esq.: toward status, companies can still have a private vaccine mandate in place in fact in New York City, as are covered later today, there was a mandate in place put forth by the last mayor.

00:03:52.050 --> 00:03:55.620 Eric Sarver, Esq.: mayor de blasio which require business owners to have.

00:03:56.520 --> 00:04:05.130 Eric Sarver, Esq.: That any workers who onsite employees outside of the workplace needed to be vaccinated and that's in flux right now it's what happens under the curtain there.

00:04:05.550 --> 00:04:18.600 Eric Sarver, Esq.: But nonetheless if you're a private company you've got a vaccine mandates in place, you have employees claiming exemptions, maybe they wanted out of this because of their religion or disability.

00:04:19.140 --> 00:04:35.070 Eric Sarver, Esq.: They have or some other protected class status So what do you do, what does the last thing you have to do well there's a lot of, say, you do not have to do so let's talk about this issue in the context of exemptions from mandates in the form of reasonable accommodation requests.

00:04:36.120 --> 00:04:40.890 Eric Sarver, Esq.: All right, so with that in place, let me just go to the next slide here.

00:04:41.640 --> 00:04:54.810 Eric Sarver, Esq.: I think just just some backdrop it's important for you to know that if you're an employer, you have an ongoing duty to provide your employees with accommodations certain changes to their employment based on.

00:04:55.350 --> 00:05:02.100 Eric Sarver, Esq.: Issues such as their pregnancy status, religion or disability, obviously pregnancy is not apply to your male.

00:05:02.610 --> 00:05:08.580 Eric Sarver, Esq.: employees, although they can be taking paternity leave, which could be a family status issue, but basically if they're pregnant.

00:05:09.060 --> 00:05:18.450 Eric Sarver, Esq.: or about to be pregnant if they're religious or have a certain religious status or disability, including disabilities related to coven 19.

00:05:18.840 --> 00:05:26.820 Eric Sarver, Esq.: You have an ongoing duty to provide them with certain accommodations unless here's the unless unless their accommodation request.

00:05:27.240 --> 00:05:36.450 Eric Sarver, Esq.: It poses an undue hardship to your company, whether that means it's too hard for you financially it's going to break the Bank to give the employer, cognition that they want.

00:05:36.960 --> 00:05:44.430 Eric Sarver, Esq.: In terms of their employment conditions or their accommodation requests might be impossible to.

00:05:44.940 --> 00:05:55.590 Eric Sarver, Esq.: Do operationally so to give it more concrete examples and employee comes to you and says bossing I can't get the coven 19 vaccine and I want the combination.

00:05:56.340 --> 00:06:04.410 Eric Sarver, Esq.: To be on P leave or unpaid leave it definitely think until this coven thing goes over well that could be 510 years now.

00:06:04.830 --> 00:06:10.350 Eric Sarver, Esq.: And if you are a company with three employees you just lost a 30 year workforce.

00:06:10.710 --> 00:06:18.630 Eric Sarver, Esq.: That be an example of an accommodation request me what you can say i'm sorry sorry Joe sorry Joanne, but I have to deny that request because.

00:06:18.930 --> 00:06:31.710 Eric Sarver, Esq.: it's an undue hardship, is going to be too hard to run my business or too expensive to pay for your paid leave, such as an example, but the point you might get is that you have to evaluate the employees request for combination.

00:06:32.250 --> 00:06:40.260 Eric Sarver, Esq.: And that may be a change in schedule and change and location change duties and look at it through the lens of like in the case of disability.

00:06:40.710 --> 00:06:49.620 Eric Sarver, Esq.: Does this disability request accommodation request rather pose a direct threat that can be mitigated or is it going to just cost your company too much.

00:06:50.190 --> 00:07:00.780 Eric Sarver, Esq.: So we can look at some examples of this in terms of what are what I mean when I talk about this phase we as well combinations combinations right it rolls off my tongue.

00:07:01.230 --> 00:07:04.560 Eric Sarver, Esq.: practicing employment law for 23 years but think of it this way.

00:07:05.070 --> 00:07:13.080 Eric Sarver, Esq.: Have you as a business owner ever had an employee come to you even think of it, because this trend that you're seeing right now applies to.

00:07:13.500 --> 00:07:20.640 Eric Sarver, Esq.: The current situation mccovey 19 but also be occurs and related to accommodation requests in general.

00:07:21.150 --> 00:07:26.820 Eric Sarver, Esq.: If let's say an employee comes to you in the in the context of the coven 19 illness or not.

00:07:27.240 --> 00:07:37.980 Eric Sarver, Esq.: Being unable to get the vaccine, maybe because their disability, maybe because of their their just objection and they say here's an accommodation I wanna I want to work remotely only remotely.

00:07:38.640 --> 00:07:47.790 Eric Sarver, Esq.: Or, I need you to modify my work duties, because I want to be siloed away from other workers, so I don't risk catching coven 19 or spreading it if I had.

00:07:49.080 --> 00:07:55.350 Eric Sarver, Esq.: Another example, there is no accommodation request that an employee might make to you would be to change your schedule right.

00:07:56.370 --> 00:08:05.430 Eric Sarver, Esq.: To perhaps provide certain additional protective equipment, maybe they want you to provide he can 95 top quality masks in the office and face shields and.

00:08:05.790 --> 00:08:17.910 Eric Sarver, Esq.: gloves a hand sanitizer depending on the type of work that they do and undue hardship, as I mentioned means a significant difficulty because going to be grounds huge deny the accommodation request.

00:08:18.690 --> 00:08:32.430 Eric Sarver, Esq.: And when you have an undue hardship request and you evaluated the eeoc, which is the equal employment opportunity Commission has set forth certain guidelines let's see if I can see them because my screen there we go.

00:08:32.910 --> 00:08:43.710 Eric Sarver, Esq.: is okay got it turn well in fact project and look at which I mentioned a moment ago about the nature and cost of those accommodation request you can see, on the left side of the screen here.

00:08:44.880 --> 00:08:50.190 Eric Sarver, Esq.: what's the financial resources that you as a facility, you know if your walmart or walgreens.

00:08:50.670 --> 00:08:58.200 Eric Sarver, Esq.: walgreens pharmacy may need to give their pharmacists certain time off because they can't get the code indexing they're afraid of catching the disease.

00:08:58.710 --> 00:09:06.960 Eric Sarver, Esq.: That again if you're a mom and pop farmers has been to workers, maybe you don't have to do that so look at the size of the organization that you have.

00:09:07.260 --> 00:09:16.560 Eric Sarver, Esq.: Your small business or medium sized to five employees, you have 500 employees look at the effect as well on these accommodation requests in this quarter here.

00:09:17.010 --> 00:09:24.810 Eric Sarver, Esq.: Look at how it affects your resources and the expenses, you have to put forth and the overall financial resource of your entity.

00:09:25.560 --> 00:09:35.130 Eric Sarver, Esq.: And so, these are accommodation requests under the Americans with Disabilities Act, which was amended 2008 that's not a typo Ada 2008.

00:09:35.610 --> 00:09:45.030 Eric Sarver, Esq.: And these are also guidelines under what's called a federal statute federal law called title seven of the 1964 Civil Rights Act, and that has to do with.

00:09:45.660 --> 00:10:02.640 Eric Sarver, Esq.: Granting combinations based on religious request with just the combinations So these are some items to keep in mind here and going, for example, to the next slide actually skip this one, because because I covered that point, a moment ago.

00:10:03.660 --> 00:10:07.950 Eric Sarver, Esq.: If an employee let's say cannot be accommodated go to the second part of the slide here.

00:10:09.210 --> 00:10:16.740 Eric Sarver, Esq.: You can basically use certain guidance from the Eo or from the eeoc before you take a certain adverse employment action right.

00:10:17.670 --> 00:10:32.340 Eric Sarver, Esq.: And it's very important to consult with employment law attorney before you to know how your grant and regional combination request to employees, very important to make sure that you are within the legal bounds under the federal law and under the State law here in New York state.

00:10:33.480 --> 00:10:39.870 Eric Sarver, Esq.: you've got in your city rights law that applies if you're also in New York City if you're a company or restaurant in Manhattan somewhere.

00:10:40.590 --> 00:10:50.850 Eric Sarver, Esq.: you've got the New York City right slot that set certain guidelines of what you have to follow the company to where maybe you have to granted accommodation request or maybe have to deny it.

00:10:52.110 --> 00:11:04.020 Eric Sarver, Esq.: And going to a next topic here to talk about New York state mandates regarding vaccines and massive interesting year that we've had some changes around mass mandates, many of you may have seen.

00:11:05.130 --> 00:11:09.570 Eric Sarver, Esq.: The bottom half of people's faces lately if you're walking around New York City in your state.

00:11:10.770 --> 00:11:19.650 Eric Sarver, Esq.: And what's important to know from if you go to the history of the mass mandates and see where we might end up if there's another variant or uptake and.

00:11:20.070 --> 00:11:36.600 Eric Sarver, Esq.: I hope to God that's not the case, but if there is that New York first initiated it's a little history is important here folks and the initial initiated it's that sedation and manda manda manda requirements for State employees against the coronavirus.

00:11:37.650 --> 00:11:55.590 Eric Sarver, Esq.: back in October 2021 and then broaden the mass mandates to say that mass had to be worn and all state facilities located in places with local masked mandate or in areas with high transitions readmission rates of covert 19.

00:11:56.820 --> 00:12:11.220 Eric Sarver, Esq.: And that was kind of the backdrop for a lot of other rules around public safety state and private employees with the mandate and it's relevant to where we stand today where we might end up, but the New York state mandates governor Kathy hatchell.

00:12:12.450 --> 00:12:23.100 Eric Sarver, Esq.: implemented this in December recording that all private office settings would have to have guidance, it applies that if that Office did not requiring proof of vaccination.

00:12:23.580 --> 00:12:34.230 Eric Sarver, Esq.: As a condition of entry, then everyone must wear a mask at all times, regardless of whether you are vaccinated so it doesn't matter if you're a customer client or employee visiting an office.

00:12:34.560 --> 00:12:43.260 Eric Sarver, Esq.: say in New York state and let's say Albany or smithtown and you say, but i've had my meditation corner, right here on that's needed I don't need to wear a mask.

00:12:43.650 --> 00:12:55.170 Eric Sarver, Esq.: The guidance was that the place, you were in require a mask and and if it did if it did require a vaccination satisfied in the US not to wear a mask but if it did not.

00:12:55.500 --> 00:13:11.460 Eric Sarver, Esq.: You had to wear a mask of all time except when eating drinking or alone and enclosed room and this, of course, it applies still to New York state based healthcare workers who also now required to be vaccinated So if you are a company i'd say that subcontracts with it say.

00:13:12.960 --> 00:13:21.690 Eric Sarver, Esq.: A healthcare facility, whether it's a rehab or hospital or doctor's office you may be required to still be vaccinated.

00:13:22.680 --> 00:13:35.880 Eric Sarver, Esq.: and be ready to enter those health care facilities and there are no other options that so home health agencies nursing homes physical therapy offices and take note of some of these rules here.

00:13:36.630 --> 00:13:42.120 Eric Sarver, Esq.: And I want to just check my time because when I have a guest on the show i'm watching the chat box.

00:13:42.810 --> 00:13:52.800 Eric Sarver, Esq.: From the station, I see we have about a minute or so until the break gives me a chance to wrap up the slide here and just see when the topic has a nice breaking point.

00:13:53.700 --> 00:14:05.730 Eric Sarver, Esq.: I think it's coming up shortly what i'd say is to keep in mind that these madmen they are changing and they go usually hand in hand with with the CDC recommends Emma transition rates.

00:14:06.810 --> 00:14:13.080 Eric Sarver, Esq.: And perhaps the more cynical folks might say has to do with politics too, and maybe that's not so cynical maybe it's a reality as well.

00:14:13.770 --> 00:14:20.850 Eric Sarver, Esq.: But the important thing to note here is that accommodation requests and mass mandates and vaccine mandates are all very much still relevant.

00:14:21.270 --> 00:14:27.090 Eric Sarver, Esq.: In today's day, even if it feels as if, like this pandemic is almost over there's still a lot to know.

00:14:27.570 --> 00:14:34.170 Eric Sarver, Esq.: So when we come back i'm going to share with you all more information we'll talk about in New York City and what the private.

00:14:34.770 --> 00:14:50.940 Eric Sarver, Esq.: Company vaccine mandates are we talking about like what you need to do as an employer with your employees so stick around to implement a lot today i'm your host and your guest tonight Eric sovereign and right here on talk radio dot nyc we'll be right back.

00:14:54.990 --> 00:15:03.180 www.TalkRadio.nyc: Are you a business owner, do you want to be a business owner he work with business owners hi i'm Stephen fry your small and medium sized business or SMB guy.

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00:17:06.600 --> 00:17:25.050 Eric Sarver, Esq.: Welcome back to implement today Eric soccer and i'm planning on law and business attorney representing management companies employers small to mid size across all industries and here tonight on my show climate one today tonight i'm taking a break from the usual format.

00:17:26.220 --> 00:17:39.630 Eric Sarver, Esq.: Having guests on discussing topics and i'm just gonna talk directly to my audience in one to one about some of the changes in employment and employee landscape, landscape and how to navigate them.

00:17:40.650 --> 00:17:45.750 Eric Sarver, Esq.: So in that regard, no presentation week would be complete without a trustee.

00:17:46.950 --> 00:17:56.490 Eric Sarver, Esq.: Trust the PowerPoint so let me share that with your right now i'm going to share the screen here and just like.

00:17:58.260 --> 00:17:58.560 Eric Sarver, Esq.: This.

00:18:00.750 --> 00:18:02.520 Eric Sarver, Esq.: Okay, yes, here we are.

00:18:03.660 --> 00:18:12.540 Eric Sarver, Esq.: Here on slide five so now, I want to talk to you about the New York City vaccine mandates and this mandate if you're a Member from December.

00:18:12.930 --> 00:18:20.310 Eric Sarver, Esq.: I, this is a very big issue, Mr Mayor bill de blasio I should say former mayor de blasio six Sigma shirt exit.

00:18:21.210 --> 00:18:28.680 Eric Sarver, Esq.: executive orders and he can point to that, and you, this is a little bit different from the Federal vaccine many that was being presented.

00:18:29.130 --> 00:18:36.810 Eric Sarver, Esq.: To us all back in the late fall 2021 the uncertainty of vaccine mandates actually do with the idea that.

00:18:37.620 --> 00:18:50.220 Eric Sarver, Esq.: entrance you and being on the premises of a workplace could be an office can be a plant factory store restaurant, what have you, but the point is that if you were coming into office, it was meant to to.

00:18:50.940 --> 00:19:00.060 Eric Sarver, Esq.: To avoid the spread of the whole the spread of overtaking it had to be vaccinated so you as a company could have decided to make your workforce fully remote.

00:19:00.630 --> 00:19:14.130 Eric Sarver, Esq.: And if you did that you are not subject to the spending there's an in between situations with hybrid offices and people that come to the office on the part part of the time, so why don't we get into all that good stuff right now.

00:19:16.380 --> 00:19:24.360 Eric Sarver, Esq.: Alright folks so December six little background so he's, I think, important for any rule go back in time about three months the separately December.

00:19:24.810 --> 00:19:43.290 Eric Sarver, Esq.: 21 again, but the blasio announced the company T beck's he mandate for all New York City private sector employees, was the first major one of its kind of manage this type for any major US city and also issued a formula on December 15 and it included.

00:19:45.030 --> 00:19:54.120 Eric Sarver, Esq.: The effective date of December 27 25,000 English employees in New York City in person we're working you're traveling with the public.

00:19:54.660 --> 00:20:02.850 Eric Sarver, Esq.: had to show proof they receive that a minimum the first dose of the see primary series right basically a Pfizer return the shop.

00:20:03.270 --> 00:20:12.120 Eric Sarver, Esq.: or a single dose of the Johnson Johnson coconut T backseat and then employees at 45 days of shopping for their second dose of the vaccine from Pfizer maternal.

00:20:12.570 --> 00:20:18.210 Eric Sarver, Esq.: So wasn't covering booster shots yet, I think that you know, the government is cities knew that there had they're.

00:20:18.900 --> 00:20:26.820 Eric Sarver, Esq.: they're sort of objections to this rule and thought let's just focus on like the vaccination status, so the panthers mandate.

00:20:27.510 --> 00:20:39.120 Eric Sarver, Esq.: It was it was expected to be upheld, because the city and the state, unlike the federal government have much broader policing peppers over issues of public health and safety in public lobbying and.

00:20:39.600 --> 00:20:47.850 Eric Sarver, Esq.: Helping to avoid the spread of disease and so in that regard, it was really expected to pass muster and and there remains in effect.

00:20:48.510 --> 00:20:59.490 Eric Sarver, Esq.: And the terms of the New York City mandate keep in mind is that employers right, you cannot allow on back then, as I mentioned folks employee have to report that physical workplace.

00:21:00.420 --> 00:21:10.140 Eric Sarver, Esq.: There is an exception to this, and it goes back to where I talked about before the break we as well combination request writing this is where people get so confused they wait a second.

00:21:10.710 --> 00:21:23.460 Eric Sarver, Esq.: I thought you said that if they were employees are coming into the workplace, and there were in person or dealing with the public regularly up here, for your company and they hadn't have a vaccine a vaccination sentence and have to get the shot.

00:21:24.720 --> 00:21:33.000 Eric Sarver, Esq.: But the exception in order to avoid discrimination lawsuit from disabled workers right maybe can't get the vaccine, but as if it were.

00:21:33.360 --> 00:21:40.800 Eric Sarver, Esq.: disability or condition that might make the vaccine dangerous to them, maybe they can't get it, because they had a blood disorder the Kenya.

00:21:41.100 --> 00:21:59.070 Eric Sarver, Esq.: The type of illness, they have makes the vaccine unable to actually form antibodies to that so it's useless so in those situations someone can ask for a combination with us, and if we go back to the prior slide if that request is not going to harm your business and when economic standpoint.

00:22:00.150 --> 00:22:12.600 Eric Sarver, Esq.: So, for example, hey boss, I see this dangerous a mandate I can't get a vaccine because of this disability or this religious combination, then they can be committed maybe they have to.

00:22:13.470 --> 00:22:23.670 Eric Sarver, Esq.: Work remotely maybe they get to come in that work in a silo office a wave more than 6pm everybody else wearing protective gear at all times.

00:22:24.180 --> 00:22:34.950 Eric Sarver, Esq.: And, but this law also applied to all kinds of employees and putting solver priorities right if you're self employed you work in a workplace, if you are one person CPA or one man and one woman attorney.

00:22:35.880 --> 00:22:40.080 Eric Sarver, Esq.: or office if you're not wearing it from your home and you go into a public.

00:22:40.650 --> 00:22:49.020 Eric Sarver, Esq.: office space or co working space and guess what you have to get that vaccine for yourself right because you are an employer of one you for yourself.

00:22:49.440 --> 00:23:00.270 Eric Sarver, Esq.: So Stephen appliances sole proprietors it's interesting law where the issue that happened wearing and you can be your only employee and stuff on certain mandates, but this is what the mandate requires.

00:23:00.750 --> 00:23:05.280 Eric Sarver, Esq.: So it applies to people to interact with the public right, so we have a tech Council.

00:23:05.700 --> 00:23:12.270 Eric Sarver, Esq.: Saying who goes out to offset performance driven work or you run a professional organizers company where.

00:23:12.600 --> 00:23:18.720 Eric Sarver, Esq.: Your people work along with they get a call and they go out to your clients and they clean their offices and homes, they need to be accident.

00:23:19.350 --> 00:23:26.010 Eric Sarver, Esq.: So that's a covered employers any employee and the employer one or more employees and one employee can include you yourself.

00:23:26.730 --> 00:23:31.320 Eric Sarver, Esq.: A coven worker as any individual works in person, as I mentioned in your state of workplace.

00:23:32.250 --> 00:23:39.870 Eric Sarver, Esq.: doesn't count those I mentioned to work and go Lisa keep that in mind if you're working from home President, and your employees located in New York City.

00:23:40.320 --> 00:23:45.690 Eric Sarver, Esq.: To the manager and the heart of the big apple if they're if you're not seeing the public or you're entering.

00:23:46.140 --> 00:23:57.000 Eric Sarver, Esq.: The workplace for a quick and limited purpose like maybe you come in, you fix something you run out when you deliver items you're a courier service and then you just have them sign and then you leave.

00:23:57.450 --> 00:24:01.980 Eric Sarver, Esq.: Your exempted from this New York City mandy this taxi mandated requirements.

00:24:02.700 --> 00:24:16.320 Eric Sarver, Esq.: same exemption for performing arts athletes right people coming into New York City and those that work for them, we are not required to get the vaccine to enter a physical workplace under the New York City vaccine mandates.

00:24:18.300 --> 00:24:28.200 Eric Sarver, Esq.: And there are details around you know what you as an employer have to do right where the words what the responsibilities are just tell my workers, workers pay employees, yet they have accented.

00:24:28.770 --> 00:24:42.840 Eric Sarver, Esq.: Well it's more than that more to it than that, so I recommend talking to you in employment law is that just myself or your HR professionals are those are helping you, with your company, whether it's NDP or.

00:24:43.950 --> 00:24:51.570 Eric Sarver, Esq.: Small or outsourced HR consulting group MP, or any other kind of group that that you because you as the business owner.

00:24:51.990 --> 00:24:57.870 Eric Sarver, Esq.: As a business you're responsible for checking employees vaccination status and collecting proof of vaccination.

00:24:58.290 --> 00:25:08.580 Eric Sarver, Esq.: And then, making the records for those employees right, you have less stringent record requirements for your independent contractors, but you gotta take a copy and a picture of their ID or keep.

00:25:09.570 --> 00:25:12.720 Eric Sarver, Esq.: A picture of their workers proof of vaccination.

00:25:13.140 --> 00:25:22.950 Eric Sarver, Esq.: and keeping them file, and this is even if you know the work is that said, like if you went together on a Saturday morning think was one of your workers to get the vaccine, are you talking about the site.

00:25:23.280 --> 00:25:32.370 Eric Sarver, Esq.: Getting the shot there aren't hypothetically speaking, or you hire your brother in law, you know that your brother in law, you know is is definitely vaccinated because he's a firm believer in vaccines.

00:25:32.850 --> 00:25:42.060 Eric Sarver, Esq.: You still have to have proof of his or her or their vaccination status, so there are other grounds for employees to request a reasonable accommodation.

00:25:42.600 --> 00:25:58.560 Eric Sarver, Esq.: And I just had an interesting thing too much been there and there it is and that could be if an employee let's say unable to work and i'm going to try and find that here we go it couldn't be sorry folks my screen hypersensitive.

00:25:59.610 --> 00:26:08.130 Eric Sarver, Esq.: There we go if an employee can take the vaccine due to pregnancy, childbirth lactation room they're just really observance or.

00:26:08.490 --> 00:26:15.870 Eric Sarver, Esq.: And the law requires an assumption that they're a victim of domestic violence, talking or sex offense much rather relates to cover 19 vaccine.

00:26:16.200 --> 00:26:24.210 Eric Sarver, Esq.: But if an employee is that I can't get the vaccine that like because i'm a victim of domestic violence, I would take that accommodation request seriously and then.

00:26:24.810 --> 00:26:33.360 Eric Sarver, Esq.: analyze it through the lens of is the request going to cause hardship for my company if the request is to work from home, you know, can they do it.

00:26:33.810 --> 00:26:44.250 Eric Sarver, Esq.: Not every employee can work from home and accommodation request in a bookkeeper and says hey boss I can't get the vaccine I can't come in sit in your city branch or office okay bookkeeper from home.

00:26:44.730 --> 00:26:54.810 Eric Sarver, Esq.: like these, you know spreadsheets Google docs email phone calls, but if you're a restaurant owner your employees executive chef well you know try.

00:26:55.290 --> 00:27:04.830 Eric Sarver, Esq.: Try cooking meals wrote me right, and try overseeing the other chefs in the kitchen or talking to the customer is serving them food the patrons.

00:27:05.460 --> 00:27:17.580 Eric Sarver, Esq.: Without making contact people, so you might not be able to give that person and accommodation request, but keep in mind that the sexy man in New York City does have exceptions, based on these statuses I put up on the screen.

00:27:19.980 --> 00:27:30.780 Eric Sarver, Esq.: And then moving, of course, right along the whole idea about the types of accommodation request that you can grant alright so you're in a state break this down here you're an employer.

00:27:31.440 --> 00:27:37.920 Eric Sarver, Esq.: And you're in New York City, and you have employees, and that means that if you have to.

00:27:38.790 --> 00:27:48.450 Eric Sarver, Esq.: require that if they're coming into the office, then they have to be that thing right and you get the combination because someone can get the vaccine next step, the second step step two.

00:27:49.050 --> 00:27:57.990 Eric Sarver, Esq.: And then the step three is they say the vaccine I don't want to lose my job and i'm protected right it's not just like I don't want to get back to you because.

00:27:58.500 --> 00:28:13.140 Eric Sarver, Esq.: I read about a rock musicians cousin's friend, you have some terrible consequences if you can't be you know I why read the news, and I want to get ivermectin it said has been based on a disability, we, that is exemption pregnancy.

00:28:14.760 --> 00:28:21.660 Eric Sarver, Esq.: Child lactation feeding of a child, etc, so there are those but let's say an employee done after accommodation.

00:28:22.290 --> 00:28:29.820 Eric Sarver, Esq.: What do you have to quit so here's what we can wrap up before the commercial break we've got masking or weekly PCR testing right.

00:28:30.270 --> 00:28:47.910 Eric Sarver, Esq.: Like if you've got an employee and they want this accommodation requests in place fine, but you can require that they've mass at the office and that they weekly PCR testing and maintain sixth graders mothers when they're eating or drinking, you can also consider telework remote work.

00:28:48.990 --> 00:28:55.350 Eric Sarver, Esq.: If that might protected and commented worker and protect others, you can give some a leave of absence paid or unpaid.

00:28:56.070 --> 00:29:06.810 Eric Sarver, Esq.: You can say there's no competition because there's no way around that the worker has to be the office or the the school or the childcare place where they work.

00:29:07.290 --> 00:29:16.320 Eric Sarver, Esq.: And if it's chocked care and they have to when you're old Tyrol zeros you can't get vaccinated it's touristy so you might say, so I know it's it's going to cause a hardship.

00:29:16.710 --> 00:29:24.990 Eric Sarver, Esq.: it'll create a danger and a Member from earlier slides that's being used employer in most situations can say no combination of the kindness is given.

00:29:26.430 --> 00:29:33.510 Eric Sarver, Esq.: Unless they can mask and give weekly or bi weekly testing and if employees don't comply right they can be entered in the workplace.

00:29:34.080 --> 00:29:40.080 Eric Sarver, Esq.: The rules leave it to the employee discretion to allow remote work or to terminate and suspend.

00:29:40.530 --> 00:29:48.390 Eric Sarver, Esq.: An employee so there's a lot at stake folks you know i'm just trying to get you all to know the issue like I expect you to memorize all this and.

00:29:48.750 --> 00:30:00.690 Eric Sarver, Esq.: digest it all at once, you know I do this stuff every day but keep in mind when you hear accommodation request go all this, the real thing, this is the real employment law issue so maybe I should call it employment by it was talking about it.

00:30:01.770 --> 00:30:17.490 Eric Sarver, Esq.: So we are at our next class our second commercial break when we come back i'll talk more about some of the Cuban 80s protocols around health and safety in the workplace, what you as an employer need to know don't go away we're just getting started here on talking to nyc org right back.

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00:31:21.150 --> 00:31:32.070 www.TalkRadio.nyc: Small Business trying to navigate the covert 19 related employment laws Hello i'm Eric sovereign climate log business law attorney and host of the new radio show employment law today.

00:31:32.670 --> 00:31:45.270 www.TalkRadio.nyc: On my show we'll have guests, to discuss the common employment law challenges business owners are facing during these trying times tune in on Tuesday evenings from 5pm to 6pm Eastern time on talk radio dot nyc.

00:31:50.100 --> 00:31:58.860 www.TalkRadio.nyc: you're listening to talk radio nyc at www talk radio dot nyc now broadcasting 24 hours a day.

00:32:21.960 --> 00:32:33.150 Eric Sarver, Esq.: Welcome back to the planet what today again i'm Alice Eric Sabra and, as I mentioned, each week i'm in employment law and business law attorney or practice employment law label of this law by trade.

00:32:33.600 --> 00:32:43.560 Eric Sarver, Esq.: And I represent small to mid sized business owners and I represent companies employers could be in technology or can be hospitality.

00:32:44.730 --> 00:32:52.110 Eric Sarver, Esq.: professional services stores retail construction and I represent them in matters of employment law and business law.

00:32:52.470 --> 00:33:02.820 Eric Sarver, Esq.: And so, talking tonight with you i'm doing a little for those joining us late and wondering whether it's guess go well tonight i'm doing a one to one with my audience.

00:33:03.120 --> 00:33:12.060 Eric Sarver, Esq.: On navigating the changing employment law landscape, because there's so much to cover and I thought at that time we had employment law attorney on the cover these issues.

00:33:12.510 --> 00:33:23.340 Eric Sarver, Esq.: And then I realized now i'm unemployable attorney so let's talk to you directly, so let me share my screen again with all of you think with my PowerPoint here.

00:33:24.660 --> 00:33:25.800 Eric Sarver, Esq.: let's see.

00:33:26.910 --> 00:33:29.190 Eric Sarver, Esq.: Okay there it is.

00:33:30.690 --> 00:33:31.140 Eric Sarver, Esq.: Right.

00:33:32.250 --> 00:33:40.860 Eric Sarver, Esq.: And I seem to guessing here we go Sophie go to the next sides talking about an issue that's probably in everyone's mind these days.

00:33:41.490 --> 00:33:52.770 Eric Sarver, Esq.: Whether you're an employer or an employee whether you're a consultant contractor or working for a large company or a small company and this idea of returning to work right it's been in the news lately.

00:33:53.940 --> 00:34:03.600 Eric Sarver, Esq.: All the people who are laid off for loading or say we're working from home exclusively lot of businesses now are switching to either a hybrid.

00:34:04.110 --> 00:34:13.770 Eric Sarver, Esq.: model you work from home you work part of the week from the office or switching to work from home model hey we're working remotely since March of 2020.

00:34:14.460 --> 00:34:24.720 Eric Sarver, Esq.: It seems to be working so let's pull the plug and save money on office space and and on computers and telephones and just have everyone work from their respective homes.

00:34:25.980 --> 00:34:34.200 Eric Sarver, Esq.: Or maybe you saying you know what we're missing the collaborative effort and missing collaboration and creativity connections we've got employees never met.

00:34:34.710 --> 00:34:43.740 Eric Sarver, Esq.: Their employers, this is not right, so we need everyone to get back to the office or back to the landscaping company or whatever, have you but it's time to get back.

00:34:44.220 --> 00:34:52.380 Eric Sarver, Esq.: To work, so if you're returning to work your workers are coming back to the office or to the workplace, you have to think about number of issues here right.

00:34:53.340 --> 00:35:01.740 Eric Sarver, Esq.: And suddenly that talk a little bit about tonight, but let's talk about employees, you might get evidence that they can save the return to work, the workplace right.

00:35:02.040 --> 00:35:09.870 Eric Sarver, Esq.: They can you here's a question that many my clients call me up so herrick it's so and so from ABC company.

00:35:10.830 --> 00:35:22.680 Eric Sarver, Esq.: We had some employees that were sick through them that covert 18 they were home and i'm getting curious questions now maybe were vaccinated listed, but still getting question to time, excuse me a covert 18.

00:35:23.340 --> 00:35:29.340 Eric Sarver, Esq.: To, can I ask them for evidence that they can save to return to the workplace and they're not contagious.

00:35:29.820 --> 00:35:39.600 Eric Sarver, Esq.: Right and the answer is yes, you can make that request right you as an employer you're allowed to mandate certain safety and of course you can.

00:35:39.960 --> 00:35:49.680 Eric Sarver, Esq.: You can require vaccines, even if you're not in your city, you can put in mass mandates, even if New York state says you don't have to anymore right, you have a private entity can do these things.

00:35:50.190 --> 00:36:04.080 Eric Sarver, Esq.: If an employee can comply with certain safety because because their disability or pregnancy or religion that they may request accommodation that you have to analyze and review to add to give this to them, can I was the last have to do.

00:36:05.460 --> 00:36:11.460 Eric Sarver, Esq.: But you can also determine if there's any kind of alteration of a safety precaution that might pose on the hardship.

00:36:12.420 --> 00:36:18.840 Eric Sarver, Esq.: If somebody requested certain accommodation request, maybe they want to come in and say I can't get the vaccine and I guess i'll just roll the dice.

00:36:19.200 --> 00:36:26.220 Eric Sarver, Esq.: And the wrong advice, maybe they might in fact some of your customers or clients, maybe you work in the healthcare setting with vulnerable population.

00:36:26.790 --> 00:36:36.000 Eric Sarver, Esq.: You can tell that employee, they can come back to work, but it's important to know that you've got people who don't want to return to work and people who do people want to tell a work.

00:36:36.780 --> 00:36:49.740 Eric Sarver, Esq.: and teleworking is interesting because before the pandemic, I saw a lot of cases, a lot of calls and questions from business on the same that they had an employee who wanted to telework work remotely.

00:36:50.880 --> 00:37:01.290 Eric Sarver, Esq.: Because of some disability, because I think some religious issue situation usually disability right that you hurt your leg or back whether you're feeling well as sick.

00:37:01.980 --> 00:37:12.930 Eric Sarver, Esq.: And a lot of employers said we can't do that we need you, in the office to to to do your work and then, when they went remote, a lot of high level employees got the mistaken assumption.

00:37:13.380 --> 00:37:20.760 Eric Sarver, Esq.: That that this means that total wreck is always going to be granted as musical combination of glass, because all your employees is saying well.

00:37:21.390 --> 00:37:30.630 Eric Sarver, Esq.: You know if you did this with the company for almost two years and March 2020 until let's say January, February, March 2022 and.

00:37:31.050 --> 00:37:38.580 Eric Sarver, Esq.: Then why can't you do it going forward so a lot of employers that employees mistakenly think well since we did.

00:37:39.120 --> 00:37:45.960 Eric Sarver, Esq.: Work home telework and what we're doing now, we always have to offer as accommodation, because it's always demonstrated that it can work.

00:37:46.770 --> 00:37:56.250 Eric Sarver, Esq.: And the floor and I thinking is that, as we always change again and go back to a person there might be a competitive edge think that your company loses now.

00:37:56.640 --> 00:38:08.520 Eric Sarver, Esq.: If let's say your your customers and clients can come to your office and be seen by a live person right before level playing field, no one can do that, so you know if you are pitching the advertising that Allah madmen.

00:38:09.030 --> 00:38:20.820 Eric Sarver, Esq.: Company everyone was wealthy, but now, if your whole team wants to do remote and you have to pitch it things through zoom while your competitions back in the office back at live networking events shaking hands over dinner.

00:38:21.360 --> 00:38:29.370 Eric Sarver, Esq.: You may be at a disadvantage, so you might say, listen, I can do telework anymore, you know we shifted our model now we've.

00:38:29.730 --> 00:38:38.520 Eric Sarver, Esq.: Had people back in the office and and so it's too hard, like to have a staff meeting, whereas people are remote and after the office it's just too complicated.

00:38:38.820 --> 00:38:52.470 Eric Sarver, Esq.: So it's not always the case that telework is now always going to be granted That being said, if your work, it was functioning pre flawlessly for those two years and not and, if not much has changed.

00:38:52.950 --> 00:39:01.740 Eric Sarver, Esq.: Then you might be hard pressed you'll get some pushback if you say hey that's too hard, of a combination really get some settings people in employment law attorney and that's such an issue.

00:39:02.160 --> 00:39:16.590 Eric Sarver, Esq.: And I recommend not just don't go with you know don't just write kanye West I get telework because you might get outdated articles or an opinion piece which isn't necessarily the law, so I was telling my people you know my clients like.

00:39:17.190 --> 00:39:21.180 Eric Sarver, Esq.: No don't mistake from Google for the soundbite of employment law professional.

00:39:22.860 --> 00:39:32.970 Eric Sarver, Esq.: So and it's natural, by the way, I want to Google things, and you know I know doctors have told me the past don't Google this you know it's not the same as what i'm telling you as a doctor.

00:39:34.740 --> 00:39:50.130 Eric Sarver, Esq.: So, think about like what conditions are you as an employer required to let someone not return to work and when are you are required to accommodate someone in that themselves works, though.

00:39:50.580 --> 00:40:04.170 Eric Sarver, Esq.: So, if an employee let's say you're in bed to work right and you send out a newsletter you said Oh, thank God delta's now out of the picture and over quantity seems to be feeding that you know that the interest rates are much lower.

00:40:05.520 --> 00:40:11.610 Eric Sarver, Esq.: i'm going to have everyone back in the office starting march 31 or let's say April 1 no fooling right.

00:40:12.690 --> 00:40:22.680 Eric Sarver, Esq.: You are not required as an employer under the New York City or the state human rights law, you don't have to provide accommodation you don't have to listen employees to home.

00:40:23.070 --> 00:40:33.750 Eric Sarver, Esq.: If that employee just has a generalized fear of catching Cobra 19 right like like So be careful, though, because if that fear is a strong fear if it's part of.

00:40:34.170 --> 00:40:44.610 Eric Sarver, Esq.: It is part and parcel to you and the serious anxiety disorder or ptsd let's see covert bomb over 19, then you might have to be allow that person to stay home.

00:40:45.090 --> 00:40:51.450 Eric Sarver, Esq.: or give them an accommodation request, if you can afford to if i'm not going to break the bank heard you operationally or during your resources.

00:40:51.780 --> 00:40:56.340 Eric Sarver, Esq.: So, but, generally speaking, you have an employee that says i'm just still afraid to call me.

00:40:56.790 --> 00:41:03.930 Eric Sarver, Esq.: And the generalized fear you know you don't have to grab that accommodation in class, you know if you see evidence of your employee, you know.

00:41:04.290 --> 00:41:11.820 Eric Sarver, Esq.: On the social media feed like hey we're Facebook friends, you know, and I saw you at a concert Friday night with 100 people around you.

00:41:12.690 --> 00:41:28.620 Eric Sarver, Esq.: You know, you know visor for the crowd so he has a restaurant and instagram posting so you show your free to come back and that's it a relevant information, you can use with your employees like look at with your employees, they see the schedule back to the office.

00:41:29.880 --> 00:41:39.330 Eric Sarver, Esq.: And, of course, in their risk of complication related underlying disability, I think I mentioned this here right if an employee disability puts them at risk.

00:41:39.720 --> 00:41:48.690 Eric Sarver, Esq.: of complications from Cobra 19 then maybe they don't have to have the maturity to work with cover that, in the previous slide so i'm going to the next part of the slide here.

00:41:49.950 --> 00:41:55.140 Eric Sarver, Esq.: and employee again might be entitled to receive a confirmation so maybe they're not part of the return to work.

00:41:56.100 --> 00:42:05.130 Eric Sarver, Esq.: bandwagon or not on that bandwagon if they have a pregnancy or they're trying to get pregnant and they're worried about the complications from the coven thing at.

00:42:05.700 --> 00:42:14.550 Eric Sarver, Esq.: A taxi and again if you listen to the show tonight for the situation well, maybe you have an employee come in and you provide them accommodations.

00:42:14.940 --> 00:42:27.750 Eric Sarver, Esq.: masking and personal protective gear and equipment and you agree to have them say come in off hours for most of the main staff and work in a remote location of the office, but maybe something else happening in the person.

00:42:28.920 --> 00:42:38.880 Eric Sarver, Esq.: But returning to work now it's such an important aspect people want to know you know what's my rights in terms of masking or terms of vaccine mandates.

00:42:39.630 --> 00:42:48.540 Eric Sarver, Esq.: Toys don't want to wear a mask used elaborate as the employer right it's your private businesses say I want people to mask and this this company in this office.

00:42:49.680 --> 00:42:59.760 Eric Sarver, Esq.: there's no constitutional right to mask I keep hearing people on the news say this is my constitutional my civil rights and really unless.

00:43:00.810 --> 00:43:10.650 Eric Sarver, Esq.: No she is not a constitutional right for private employer that require you to wear a mask it's just not something that's relevant argument.

00:43:12.060 --> 00:43:14.610 Eric Sarver, Esq.: keep in mind as well that.

00:43:16.590 --> 00:43:25.440 Eric Sarver, Esq.: i'm sorry i'm in Iran Oh yes, here we go keep in mind when you were trying to work that you may have more employees and what workers.

00:43:25.950 --> 00:43:38.580 Eric Sarver, Esq.: These days in these covert times and who have issues where they can't come into work at certain times due to the inability to secure childcare rates very important thing to keep in mind.

00:43:39.660 --> 00:43:41.010 Eric Sarver, Esq.: And the fact that.

00:43:42.480 --> 00:43:43.680 Eric Sarver, Esq.: We just take it with my notes here.

00:43:44.730 --> 00:43:51.840 Eric Sarver, Esq.: important to note more employers now you're not required to necessarily accommodate.

00:43:52.320 --> 00:44:00.810 Eric Sarver, Esq.: All employees as parents, like you, can't if a parent says hey my child's not back on school for the entire school year, so I want to work remotely.

00:44:01.290 --> 00:44:04.980 Eric Sarver, Esq.: Maybe your hardship, but you're going to have more and more.

00:44:05.760 --> 00:44:16.260 Eric Sarver, Esq.: Employees who might need a week off because if their child gets covered at their school requires like a seven day or 10 day you know quarantine period.

00:44:16.650 --> 00:44:35.730 Eric Sarver, Esq.: So that you're actually you're seeing my change on the parent the two and a half year old little boy goes to take care of my son Nathan, and I know that, like if he gets a coven 19 he is home for 14 days and he's on 14 days, that means that either either my wine.

00:44:37.920 --> 00:44:44.070 Eric Sarver, Esq.: or both our home as well and that time because, so you might have employees, where they're vaccinated, but there are five girls not.

00:44:44.640 --> 00:44:52.920 Eric Sarver, Esq.: And if I drill can't wash themselves on day so keep that in mind, it goes to keep in mind, like the issues of discrimination and zoom.

00:44:53.310 --> 00:44:57.030 Eric Sarver, Esq.: us an employer, if you have people trying to work and then someone can remotely.

00:44:57.660 --> 00:45:06.510 Eric Sarver, Esq.: might be important to schedule a certain things that way to zoom our ground like people's say adjustments for their.

00:45:06.960 --> 00:45:11.580 Eric Sarver, Esq.: Child care pickup childcare drop off right so something to keep in mind when you scheduled meetings.

00:45:12.120 --> 00:45:21.600 Eric Sarver, Esq.: And there are laws that protect parents and caregivers ability to stay home to care for their children and they get the vaccine they're sick or they catch over 19 so the point there is work as a parents.

00:45:22.170 --> 00:45:25.320 Eric Sarver, Esq.: You as an employer has really been worked out when you're doing will return to work.

00:45:26.100 --> 00:45:34.830 Eric Sarver, Esq.: We are at our final commercial break when we come back i'll cover the cover 19 here with a fat what you need to know for safety perspective.

00:45:35.280 --> 00:45:45.270 Eric Sarver, Esq.: it's not take a few minutes to wrap up and talk a little bit about how you contact me so stick around you're listening to employ a lot today i'm your host erick so our.

00:45:46.320 --> 00:45:48.810 Eric Sarver, Esq.: Lives are sovereign we'll be right back.

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00:47:51.360 --> 00:47:52.170 Eric Sarver, Esq.: Okay.

00:47:53.970 --> 00:47:56.490 Eric Sarver, Esq.: Today i'm your host our.

00:47:58.110 --> 00:47:58.470 Eric Sarver, Esq.: guest.

00:47:59.520 --> 00:48:01.920 Eric Sarver, Esq.: And they're talking about playing.

00:48:03.720 --> 00:48:10.890 Eric Sarver, Esq.: Through these challenging times and i've covered it and for quick recap, here we talked about.

00:48:11.640 --> 00:48:23.730 Eric Sarver, Esq.: Accommodation request that your employees like making you the question of what you that's an employer may be required to give them under the law in terms of changing work schedules or.

00:48:24.150 --> 00:48:31.830 Eric Sarver, Esq.: Remote work or different duties, we talking about we're talking about talked about the New York City private acquired that team mandy.

00:48:32.250 --> 00:48:45.540 Eric Sarver, Esq.: And what record keeping us responsible employer and requiring proof of status and keeping track of your employees vaccination i'm talking about the general return to work issues that you face with.

00:48:45.900 --> 00:48:51.960 Eric Sarver, Esq.: Parents on lead, based on their children's it was the covert 19 or quarantine and so forth.

00:48:53.400 --> 00:48:58.920 Eric Sarver, Esq.: And now I want to take us through something that you need to consider if you have employees.

00:48:59.520 --> 00:49:19.620 Eric Sarver, Esq.: are coming back to a workspace a workplace, it could be an office but, again, could be there a restaurant to be something in hospitality, or it could be a healthcare setting and that isn't a great hero really fast right the code really relax so i'm going to share my screen again.

00:49:20.850 --> 00:49:26.190 Eric Sarver, Esq.: Let me just see one thing here folks bear with me Oh, right here we go.

00:49:27.870 --> 00:49:32.550 Eric Sarver, Esq.: Yes, so chicken us to.

00:49:33.960 --> 00:49:50.970 Eric Sarver, Esq.: Show here is covering the event okay so what's important is in May of 2021 and then in July of 2021 that you will publish standards on the New York here, lack of the signed into law and this had.

00:49:52.620 --> 00:50:01.590 Eric Sarver, Esq.: Basically, there is implanted and we started August right you're dividing by which employers had to adopt and exposure plan so this.

00:50:01.980 --> 00:50:17.370 Eric Sarver, Esq.: Is a timeline right basically for this role is is it requires employers to have an infectious airborne disease policy in place some way that you have a plan as an employer for dealing with a covert 19 or getting with this.

00:50:18.600 --> 00:50:20.820 Eric Sarver, Esq.: This illness, how do you keep the word mistake.

00:50:21.270 --> 00:50:32.640 Eric Sarver, Esq.: How do you isolate workers, you may have been affected, how do you keep subscribing right and then, of course, having too many is that Europe have to allow employees to form if you're of a certain size entity.

00:50:33.030 --> 00:50:43.320 Eric Sarver, Esq.: That it can form a committee and give feedback about this infectious airborne disease policies, so the New York deadline right New York said last summer.

00:50:43.890 --> 00:50:52.830 Eric Sarver, Esq.: August 5 was a deadline that you must provide a plan and writing to your employees to workers in English and their primary language to the Spanish to be great to be whatever.

00:50:53.370 --> 00:51:10.230 Eric Sarver, Esq.: The majority of folks might be working and yeah def 30 days after the adopting the plan 15 days you had to reopen during disease or other illness, he had provided fans of all employees, so if you miss that deadline, because it's now march 2022.

00:51:11.340 --> 00:51:17.760 Eric Sarver, Esq.: I will talk to you in part one, let me talk to HR professionals who might be handling this these matters team.

00:51:18.690 --> 00:51:31.530 Eric Sarver, Esq.: So by September 4 employee one infectious disease plans must be distributed or had to shoot it to employees right, so we had to adopt plan on September for federal to distribute.

00:51:32.310 --> 00:51:37.710 Eric Sarver, Esq.: And then, then the first became the new board said hey you're a business.

00:51:38.040 --> 00:51:49.170 Eric Sarver, Esq.: Your employer with 10 or more employees, as I mentioned a moment ago, he must have that work ethic, to establish an administrator joint Labor management workplace safety committee so state didn't really have to be in place.

00:51:50.520 --> 00:51:56.220 Eric Sarver, Esq.: And the act requires its basic safety standards right now i'm not an factors, the airborne disease expert.

00:51:57.000 --> 00:52:08.640 Eric Sarver, Esq.: Gathering for people to think tonight or not, as well, but they provide certain template certain guidelines into the plan right, and they have certain requirements like checkboxes at the Department of Labor.

00:52:09.870 --> 00:52:24.480 Eric Sarver, Esq.: So employees have to provide methods imagine there's that plan again right there is the fact that you have to have certain plans in effect a model airplane infectious disease exposure plan, there are templates industries that department Labor can provide you.

00:52:25.680 --> 00:52:42.480 Eric Sarver, Esq.: The employer is premised I dress safety measures so employee health really mastering and social distancing requirements workplace hygiene patients right what's your protocol for quarantine if it's an outbreak occurs what's what's the plan there for your employees.

00:52:43.500 --> 00:52:57.510 Eric Sarver, Esq.: So this is just a basic checklist but, again, you can go to the Department of Labor to seek out guidance with these right with the New York state the whole was required under the coven hero and.

00:53:00.240 --> 00:53:09.180 Eric Sarver, Esq.: i'll skip, the committee is it now let's take a time because it's actually a hyper hyper details, actually, so I don't want to bore my audience want to keep everyone.

00:53:09.990 --> 00:53:18.330 Eric Sarver, Esq.: interested and engaged but keep in mind this you know requirement is not a suggestion it's not in the recommendation it's mandatory.

00:53:19.290 --> 00:53:26.310 Eric Sarver, Esq.: And they can be fines and penalties if you're a little player don't have this in place now, you also have to give you an update your plan.

00:53:26.790 --> 00:53:33.840 Eric Sarver, Esq.: and make sure its current right comport with all the recent guidance I covered a team get ever training with your employees.

00:53:34.380 --> 00:53:45.240 Eric Sarver, Esq.: and have guidance on the CDC and the New York State Department of Health and I want to say you know, this may sound like a real bummer you know kind of like oh man like if you do all this stuff such as unfair thing.

00:53:45.540 --> 00:53:51.780 Eric Sarver, Esq.: but actually to protect you down the road from the ocean suit from an employer, maybe objective refusing to come to work.

00:53:52.200 --> 00:54:01.380 Eric Sarver, Esq.: being fired and then claiming retaliation, because they complained about an unsafe workplace right so ocean, it might take you away from say 10 employees.

00:54:02.070 --> 00:54:11.160 Eric Sarver, Esq.: claim that the workers on saving the tries to you for damages they catch Cobra 19 if you have this health plan in place and it's been approved by the Department of Labor.

00:54:11.610 --> 00:54:18.060 Eric Sarver, Esq.: Right that's a solid Defense you might have of course I need to know the facts these all before I say that, and if you have a specific issue.

00:54:18.540 --> 00:54:22.980 Eric Sarver, Esq.: come to me personally don't assume this is like creating legal advice here but.

00:54:23.370 --> 00:54:32.880 Eric Sarver, Esq.: The point is that these plans can be required, but also beneficial to you as an employer now they mentioned, you know there's a characteristic and everything right and the stick part of this is.

00:54:33.360 --> 00:54:41.460 Eric Sarver, Esq.: Daily Pal these can be $50 a day and polished up to 10,000 hours for failure to abide by the requirements of this hero bag.

00:54:43.260 --> 00:54:53.190 Eric Sarver, Esq.: So, is also an Anti retaliation, because it says that can be penalties for if you fire it employer safer objecting to you or not having a plan in place.

00:54:54.300 --> 00:55:08.040 Eric Sarver, Esq.: So I see that i'm getting near the end of my time here with all of you tonight and what i'm going to do is talk a little bit about what are the takeaways here right, what are the main takeaways for you as an employer.

00:55:09.600 --> 00:55:19.260 Eric Sarver, Esq.: i'm going to skip a lot, because we don't have the time to comfortable with those, but the real quick way to say is that here are your best practices.

00:55:19.800 --> 00:55:24.750 Eric Sarver, Esq.: Make sure you follow or exceed industry standards for hygiene and safety and health number one.

00:55:25.380 --> 00:55:39.330 Eric Sarver, Esq.: Number two make sure you're following the local state and federal prevention guidelines right and then OSHA and implement certain practices in place for social distancing and develop and execute a plan for monitoring health and well being of employees.

00:55:40.350 --> 00:55:49.230 Eric Sarver, Esq.: If you have an employer keep these items in place, if you have workplace protocol, if you have.

00:55:49.680 --> 00:55:56.520 Eric Sarver, Esq.: An understanding of what the war inquires it for vaccines vaccine mandates for record keeping for accommodations.

00:55:56.910 --> 00:56:05.820 Eric Sarver, Esq.: it's a leg up it's an advantage, because you know if that issue comes up that you need to reach out to your employment lawyer or your hr.

00:56:06.390 --> 00:56:18.060 Eric Sarver, Esq.: expert has difficulty with you, so you know not to just sort of go shoot from the hip and say, I think I can find this personally, because they keep making all this noise about this issue of.

00:56:18.750 --> 00:56:29.190 Eric Sarver, Esq.: Safety plan for October 19 so folks i'm Eric Sabra again i'm an employment law and business law attorney i'm going to stop my screen share right here just to share a little bit.

00:56:29.910 --> 00:56:40.620 Eric Sarver, Esq.: More from the heart to say that it's a privilege and a thrill I really enjoy hosting this show every week so tune in next week when not have another live guests back in the.

00:56:41.220 --> 00:56:49.260 Eric Sarver, Esq.: studio with me back on zoom I should say, Miss purchase Tanaka we'll talk about that she's from joyful planet and we're going to talk about.

00:56:49.740 --> 00:56:59.460 Eric Sarver, Esq.: Finding your purpose as an employer and motivating employees to seek and find their purpose, the purpose driven mission to maximize your company's.

00:57:00.270 --> 00:57:11.370 Eric Sarver, Esq.: Well, being you can always reach me at www dot sovereign dash law COM, as the rv or hyphen w.com you can also find me at 917-930-8684.

00:57:12.090 --> 00:57:25.680 Eric Sarver, Esq.: reach out to be every Tuesday at 5pm and the comments folks have a wonderful evening be safe, be healthy being formed and i'll see your interpreter on yc next Tuesday at 5pm right here on the station, thank you.

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