New York State lawmakers came to a final agreement on a 2024-25 budget bill, which contains several notable changes to New York’s employment laws. There are three notable amendments in the budget that directly impact New York...more
New York’s proposed budget bill points toward significant changes in employee leave rights in the coming year.
Repeal of NY COVID Paid Sick Leave Law -
New York – the last state in the country still requiring all...more
A Year in Review: Notable Labor and Employment Law Developments of 2022 -
The year-end provides an opportune time to review some of the notable developments in the world of labor and employment law from this past year –...more
1/4/2023
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Artificial Intelligence ,
Coronavirus/COVID-19 ,
Employee Monitoring ,
Fair Labor Standards Act (FLSA) ,
Health and Essential Rights (HERO) Act ,
Minimum Wage ,
New Legislation ,
New York ,
NLRB ,
Notice Requirements ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
Private-sector employers with “no-fault” attendance policies in New York will need to revisit their policies following an impending change to New York Labor Law.
On November 21, 2022, New York Governor Kathy Hochul...more
The New York State Commissioner of Health’s designation of COVID-19 under the Health & Essential Rights Act (“HERO Act”) as an “airborne infectious disease that presents a serious risk of harm to the public health” ended on...more
New York State’s mask mandate on private business will expire on Thursday, February 10th, 2022. The mandate required mask-wearing indoors at all “indoor public places” (e.g., businesses) unless the business required proof of...more
The Occupational Safety and Health Administration (OSHA) announced today, Jan. 25, 2022, that it is withdrawing its November 5, 2021 Emergency Temporary Standard (ETS), which would have required many private employers with...more
On January 13, 2022, the U.S. Supreme Court issued an opinion in which it ordered a stay on the enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) pending disposition...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The U.S. Court of Appeals for the Sixth Circuit dissolved an order staying enforcement of the emergency temporary standard (“ETS”) issued by the Occupational Safety and Health Administration (OSHA). The ETS requires all...more
New York State Governor Kathy Hochul recently announced that beginning on December 13, 2021, face masks are required to be worn in all “indoor public places,” except those that require proof of vaccination as a condition of...more
On Thursday September 9, 2021, the Biden administration announced a COVID vaccine initiative that will require vaccinations or weekly testing for all federal contractors and for employers with at least 100 employees. The...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Sunday, September 6, 2021, New York Gov. Kathy Hochul announced the “designation” of COVID-19 as an airborne infectious disease under the state’s new Health & Essential Rights Act (the “HERO” Act). The designation...more
As explained in our previous legal alerts, which are available here and here, the New York Health Essential Rights Act (“HERO Act”) requires all private employers to, among other things, develop infectious disease exposure...more
New York's recently enacted Health & Essential Rights Act, otherwise called the HERO Act, has been modified.
As discussed in our earlier Alert, Governor Andrew Cuomo signed the HERO Act into law in early May. The law...more
New York has updated its COVID-19 guidelines, but they might not be in effect for long. On June 8, 2021, New York updated the reopening guidelines that were initially issued as part of New York’s phased reopening process. ...more
With New York state adopting the CDC’s “Interim Public Health Recommendations for Fully Vaccinated People” on May 19, employers now have the option of easing restrictions related to COVID-19.
The guidance relaxes...more
On January 14, 2021, New York State Department of Labor (“DOL”) Commissioner Roberta Reardon signed an Order that temporarily cancels unemployment insurance (“UI”) charges to employers for the duration of the COVID-19...more
Soon after the U.S. Department of Labor (“DOL”) issued its Families First Coronavirus Response Act (“FFCRA”) regulations in early April 2020, the State of New York filed a lawsuit against the DOL, challenging several...more
Several regions of New York state moved to Phase 4 of the state's reopening plan today, Friday June 26. Phase 4 is currently designated as the final phase of the state's reopening plan, though some industries remain unclear...more
Following publication of this Alert, Gov. Cuomo issued an Executive Order making an important change to employee leave rights related to voluntary travel to high-risk states.
The latest Executive Order issued by Governor...more
In an Executive Order issued late Friday night, Gov. Andrew Cuomo's office clarified that individuals who voluntarily travel to states with significant coronavirus spread will not be entitled to paid quarantine leave from...more
*Information in this Alert is current as of 4 p.m., June 10, 2020. The alert may be updated as New York clarifies reopening details.
New York State has published guidance for industries permitted to reopen in “Phase Three”...more
6/11/2020
/ Coronavirus/COVID-19 ,
Massage Therapists ,
New York ,
Personal Protective Equipment ,
Public Safety ,
Re-Opening Guidelines ,
Restaurant Industry ,
Social Distancing ,
Tattoos ,
Virus Testing ,
Workplace Safety
*Information in this Alert is current as of 3 p.m., May 29, 2020; the alert may be updated as New York clarifies reopening details.
In the early morning hours of Friday, May 29, New York State unveiled reopening guidance...more
As explained in our previous legal alert, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced last month that most employers would not be required to determine if workers’ COVID-19...more
Phase One of New York state's reopening is underway for several regions as of Friday May 15. Phase One covers businesses in the following industries:
Construction; -
Manufacturing; -
Agriculture, forestry, fishing, and...more
5/18/2020
/ Construction Industry ,
Coronavirus/COVID-19 ,
Fishing Industry ,
Forestry ,
Hunting ,
Manufacturing Employers ,
New York ,
Re-Opening Guidelines ,
Retailers ,
Wholesale ,
Workplace Safety