Amendments to the New York City Earned Safe and Sick Time Act

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In April 2020, Governor Andrew Cuomo signed into law new paid sick/safe leave requirements for all New York State employers (the “State Law”). We provided a summary of the State Law in our previous client alert. On September 28, 2020, Mayor Bill de Blasio signed a bill amending New York City’s Earned Safe and Sick Time Act (the “City Law”), effective as of September 30, 2020, to coordinate with the newly enacted State Law. On October 19, 2020, the New York State Department of Labor issued a set of FAQs providing additional guidance on implementing the State Law (the “State Guidance”), available here on the State’s website. This alert provides an update on the current requirements of both the State Law (including the State Guidance) and amended City Law. We note that employers are not required to provide leave under both laws, but may provide the same amount of leave (40 or 56 hours per year, as applicable) as long as the conditions for using leave satisfy both laws.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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