On April 20, 2024, New York Governor Kathy Hochul signed into law New York State’s Budget for fiscal year 2025. The enacted Budget includes appropriation bills and other legislation required to carry out the budget for the coming fiscal year. Among hundreds of new initiatives, the Budget includes several bills that impact New York employers
Leaves of Absences
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CDC Ends 5-Day Isolation Guideline for COVID-19, Impacting New York State COVID-19 Paid Sick Leave Requirements
On March 1, 2024, the Centers for Disease Control and Prevention (“CDC”) repealed its previous guidance advising a 5-day isolation period for individuals testing positive for COVID-19 and issued consolidated guidance on “Preventing Spread of Respiratory Viruses When You’re Sick.” The new guidance provides unified recommendations for isolation and other precautions for individuals…
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New York City Council Establishes Private Right of Action for NYC Earned Safe and Sick Time Act Violations
The New York City Council has passed a bill that creates a private right of action for individuals claiming violations of the NYC Earned Safe and Sick Time Act (“ESSTA”). The Council presented the bill to Mayor Eric Adams on December 20, 2023, after which he had 30 days to either sign the bill into…
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Eleventh Circuit Deepens Circuit Split Over Causation Standard for FMLA Retaliation Claims
On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted different standards, with the Eleventh Circuit decision only further deepening the circuit split on the topic.
Background
In Lapham v. Walgreen Co.,…
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New York Issues Updates to Paid Family Leave Benefit and Contribution Rates for 2024
New York State has issued updates to the NY Paid Family Leave Law (“NYPFL”) for 2024. The updates increase the maximum weekly benefit available to employees, as well as reduce the overall contribution employees make toward NYPFL benefits.
As a reminder, the NYPFL provides eligible employees with up to 12 weeks of partially paid leave…
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New York City Adopts Final Rule Regarding Amendments to the Earned Safe and Sick Time Act
On September 15, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) published a Final Rule adopting amendments to portions of the city’s Earned Safe and Sick Time Act (“ESSTA”). Employers will have until October 15, 2023 to update their safe and sick leave policies and come into compliance with the Final…