Seyfarth Synopsis: With little fanfare and no public reporting, the New York Commissioner of Health extended the designation of COVID-19 as highly contagious, thereby requiring employers to keep their safety plans activated...more
The New York Department of Labor published a revised Model Airborne Infectious Disease Exposure Prevention Plan, which provides that workforces that are fully vaccinated need not mask under the HERO Act....more
The New York Health Commissioner has stated that the emergency designation of COVID-19 expires -- for now -- on September 30. And the Department of Labor issued Frequently Asked Questions to guide employers in activating...more
New York State has designated COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health, which means that employers must now activate their workplace safety plans under the...more
Seyfarth Synopsis: The deadline for employers to distribute their airborne disease prevention safety plan and post the plan in the workplace is approaching. ...more
The New York Department of Labor quietly published a general model and industry-specific airborne disease prevention protocols under the NY HERO Act. Businesses should consult the model protocols and consider whether to...more
New York City’s new law severely limiting at-will employment in the fast-food industry is scheduled to go into effect on July 4, 2021. Although a lawsuit seeking to enjoin the law is pending, covered employers should be...more
The amendments to the NY HERO Act have been officially enacted and are now part of the statute. Those amendments clarify various deadlines and modify certain obligations to facilitate compliance by employers....more
The New York Legislature is considering amendments to the New York Health and Essential Rights Act (“NY HERO Act”) that would address some concerns raised by the business community. The proposals would clarify the timelines...more
On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act (“NY HERO Act”), a first-of-its kind law designed to protect against the spread of airborne infectious diseases in the workplace. But his...more
Seyfarth Synopsis: In Whiteside v. Hover-Davis, Inc., the Second Circuit upheld the dismissal of an FLSA claim because the plaintiff failed to allege facts sufficient to invoke the three-year limitations period for willful...more
The New York State Legislature is keeping busy with new employment legislation as the local and national economies continue to recover from the COVID-19 pandemic....more
Seyfarth Synopsis: Arbitration agreements with class and collective action waivers can help employers limit litigation exposure, especially to wage and hour claims. In recent years, however, in light of the “Me Too”...more
Seyfarth Synopsis: A recent Second Circuit decision casts doubt on the usefulness of national statistics to support a claim of hiring disparities at the pleading stage of litigation. Unless the national population mirrors the...more
The NYC Council has passed two bills that will end traditional at-will employment for fast-food employers in New York City. The bills were sent to Mayor Bill de Blasio for signature on December 17, 2020 and will take effect...more
12/21/2020
/ At-Will Employment ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Hiring & Firing ,
Just Cause ,
Labor Regulations ,
Local Ordinance ,
Regulatory Agenda ,
State and Local Government ,
Termination
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2020. ...more
Seyfarth Synopsis: New York, New Jersey, and Connecticut have updated the list of states subject to 14-day quarantine provisions, with more than half of the 50 states now covered....more
Seyfarth Synopsis: New York, New Jersey, and Connecticut have updated the list of states subject to 14-day quarantine provisions, and New York has begun implementing enforcement measures. ...more
Seyfarth Synopsis: The list of states subject to quarantine requirements for individuals traveling into the New York area has increased to nineteen from the original eight. And a new set of FAQs helps illuminate some of the...more
Seyfarth Synopsis: The New York Department of Labor is officially phasing out the “tip credit” this year for a wide variety of workers outside the hospitality industry. The first phase of the elimination took effect on June...more
Seyfarth Synopsis: New York, New Jersey, and Connecticut have imposed quarantine requirements for individuals traveling from states with significant community spread of COVID-19. While all three directives are substantively...more
After a 7-hour hearing on May 6, 2020, at which it heard from a wide variety of interested stakeholders, the New York City Council’s Committee on Civil Service and Labor has a lot to consider regarding the proposed NYC...more
During its first-ever remote session, members of the New York City Council have introduced a series of bills aimed at providing relief for individuals and businesses affected by the COVID-19 crisis....more
4/23/2020
/ CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
City of New York ,
Coronavirus/COVID-19 ,
Enforcement Guidance ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Cuomo ,
Guidance Update ,
Health and Safety ,
Infectious Diseases ,
Occupancy ,
Public Benefits ,
Public Health ,
Public Housing ,
State and Local Government ,
State of Emergency
Seyfarth Synopsis: New York’s paid sick leave law, applicable to employers of all sizes, goes into effect on September 30, 2020, permitting employees to use sick leave beginning January 1, 2021.
...more
4/6/2020
/ Banking Sector ,
Banks ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Essential Functions ,
Executive Orders ,
Financial Services Industry ,
Forbearance Agreements ,
Governor Cuomo ,
Healthcare ,
New York ,
NYDFS ,
Operators of Essential Services ,
Paid Leave ,
Quarantine ,
Retailers ,
Shelter-In-Place ,
Sick Leave ,
State and Local Government
Seyfarth Synopsis: The Second Circuit has held that the standard for final FLSA collective action certification is less stringent than the standard for class action certification under Rule 23....more