Law and the Workplace

Tag Archives: new york

New York State to Require Certain Private Employers to Automatically Enroll Employees in State Retirement Program

New York Governor Kathy Hochul has signed into law a bill that will require certain private employers in the state to automatically enroll their employees in a state-administered retirement savings plan if the employer does not offer its own qualified retirement plan.  The law took effect immediately upon signing on October 21, 2021, though employers … Continue Reading

New York State Issues Updated Guidance On HERO Act

On September 30, 2021, the New York State Department of Labor (“NYSDOL”) released an updated set of frequently asked questions on the HERO Act. As we previously reported, the HERO Act requires all employers in New York to implement certain safety standards and adopt a prevention plan to protect against the spread of airborne infectious … Continue Reading

New York Legislates Joint Wage Liability for Construction Industry Contractors

On September 6, 2021, New York Governor Kathy Hochul signed into law New York Senate Bill S2766, which makes contractors in the construction industry jointly and severally liable for wages owed to employees of its subcontractors.  The groundbreaking new law—which adds new section 198-e to the Labor Law (“§ 198-e”)—continues the expansion of worker rights … Continue Reading

New York State Issues Updated Model Workplace Safety Plans and FAQ Guidance Under the HERO Act

***UPDATE: On September 30, 2021, the New York State Department of Labor released updated FAQs regarding the HERO Act. Our blog post on this development is available here.*** On September 23, 2021, New York State issued updated model airborne infectious disease exposure prevention plans for employer use pursuant to the HERO Act. As we previously … Continue Reading

COVID-19 Designated as an Airborne Infectious Disease under New York State’s HERO Act

***UPDATE: On October 31, 2021, the New York State Commissioner of Health continued the designation of COVID-19 as a “highly contagious communicable disease” pursuant to the HERO Act until December 15, 2021. According to the designation, on December 15, the Commissioner “will review the level of transmission of COVID-19 in New York State and determine … Continue Reading

New York State Announces COVID-19 Vaccination Mandate for Healthcare Workers

***UPDATE: On September 14, 2021, a New York district court issued an order temporarily blocking New York State from enforcing the COVID-19 vaccine mandate “to the extent it categorically requires health care employers to deny or revoke religious exemptions from COVID-19 vaccination mandates.”  The temporary restraining order is currently in effect through October 12, 2021.  … Continue Reading

New York State Issues HERO Act Prevention Standard and Model Plans

On July 6, 2021, the New York State Department of Labor published multiple model documents related to the implementation of the New York HERO Act (the “Act”), which, as we previous reported, requires all employers in New York to adopt a prevention plan to protect against the spread of airborne infectious diseases in the workplace. … Continue Reading

The State of Face Covering Requirements in New York

On June 23, 2021, the New York State Department of Health issued an Emergency Regulation requiring non-fully vaccinated individuals to wear face coverings in workplaces and other public settings. The publication of this Emergency Regulation comes at the heels of Governor Cuomo’s June 15, 2021 announcement that New York Forward industry guidance would become optional, … Continue Reading

New York State Issues Updated Reopening Guidance for Offices

***June 16, 2021 Update: On June 15, Governor Cuomo announced that 70% of adult New Yorkers have received the first dose of a COVID-19 vaccine. As a result, the New York Forward industry guidance is now optional for offices, retail, food services, gyms, and other commercial settings. The guidance remains mandatory for large-scale indoor event … Continue Reading

New York State Issues Guidance on COVID-19 Vaccine Leave Law

The New York State Department of Labor (“NYSDOL”) has issued guidance on the State’s recently enacted COVID-19 vaccine leave law, which went into effect on March 12, 2021.  As we previously reported, the law requires employers to provide employees with “a sufficient period of time, not to exceed four hours” per dose to be vaccinated … Continue Reading

New York State Issues Additional Guidance on COVID-19 Quarantine Leave Law

***UPDATE: New York State has modified its Paid Family Leave COVID-19 FAQs for Employees to reflect this New York State Department of Labor guidance. We will continue to monitor New York’s COVID-19 leave law and provide updates.*** On January 20, 2021, the New York State Department of Labor issued new guidance on the state’s COVID-19 … Continue Reading

UPDATED: NYC Council Passes Bill to Align ESSTA with New York State Paid Sick Leave Law

*** UPDATE: Mayor de Blasio signed the bill into law on September 28, and it took effect on September 30, 2020, except as otherwise set forth below.  Additionally, the NYC Department of Consumer and Worker Protection has announced that employers now have until January 1, 2021 to comply with the pay statement reporting requirements discussed below … Continue Reading

New York State Issues Guidance for Re-Opening of Businesses

*** Last Updated: July 17, 2020 *** New York State has issued detailed guidance on Governor Cuomo’s “New York Forward” Plan, under which the State will re-open in four phases on a regional basis. The guidance includes additional information regarding: (1) when regions will be permitted to begin re-opening; (2) which businesses are included in … Continue Reading

New York’s Governor Outlines Plan to Re-Open Businesses

***Updated May 5, 2020 to account for new information released by the Governor’s Office.*** In his daily press conference on April 26, 2020, New York Governor Andrew Cuomo announced a plan to re-open the state in phases on a regional basis. Under the plan, businesses will re-open on a business-by-business level within each region, with … Continue Reading

New York State Issues Updated Guidance on Essential (And Non-Essential) Businesses

***Last Updated: May 18, 2020*** On April 9, 2020, Empire State Development (“ESD”) released guidance for determining whether a business or service is “essential” under a series of executive orders issued by New York Governor Andrew Cuomo. These orders, which we addressed in a previous post, require that only businesses and not-for-profit entities deemed essential … Continue Reading

New York State Issues Guidance on COVID-19 Quarantine Leave Law

***Updated April 16, 2020*** On March 25, 2020, New York State published Frequently Asked Questions and other guidance regarding the state’s recently enacted Covid-19 Paid Sick Leave Law and expansions to New York’s Paid Family Leave Law (PFL) and Disability Benefit Law. This bill was signed into law on March 18 and became effective immediately … Continue Reading

New York State Mandates That Non-Essential Workers Must Stay Home

*** IMPORTANT NOTE: On April 9, 2020, the State of New York released updated guidance that modifies some of the content discussed below.  Read more on our updated blog post here. *** Beginning Sunday, March 22, 2020, in accordance with Executive Order 202.8 issued by Governor Andrew Cuomo, only essential businesses and not-for-profit entities in … Continue Reading

New York State Enacts Coronavirus Response Bill Including Paid Sick Time and Other Statutory Benefits

*** New York State has issued additional guidance on the statewide Coronavirus leave law.  More information about this guidance can be found on our blog post here. *** On March 18, 2020, New York Governor Andrew Cuomo signed into law a statewide Coronavirus response bill that immediately provides employees with sick leave and job protection in … Continue Reading

Coronavirus and the Workplace: What Employers Need To Know

Coronovirus*** Last Updated: March 13, 2020 *** News that cases of the newly-identified 2019 Novel Coronavirus (also referred to as COVID-19, 2019-nCoV, or SARS-CoV-2, but more commonly known simply as the “Coronavirus”) continue to spread has prompted employers to think about employee safety and ways to address prevention in the workplace, as well as planning … Continue Reading

New York State Significantly Expands Workplace Anti-Discrimination Protections

On August 12, 2019, Governor Andrew Cuomo signed into law significant expansions to workplace anti-discrimination protections in New York State. As we previously reported in detail, the new legislation includes numerous measures regarding discrimination and harassment in all forms (not just sexual harassment) in the workplace.  The signing of the bill triggers the countdown to … Continue Reading

California Enacts Law Prohibiting Hairstyle Discrimination … with New York and New Jersey Close Behind

UPDATE: Governor Andrew Cuomo signed the New York bill into law on July 12, 2019 (effective immediately). As we have reported before, California is set to become the first state to prohibit employers from discriminating based upon hairstyle. Last week, Governor Gavin Newsom signed into law the “CROWN Act” (Create a Respectful and Open Workplace … Continue Reading

The Clock Is Ticking: Less Than Three Months Until the NYS Deadline for Mandatory Sexual Harassment Prevention Training

As we find ourselves in the midst of summer, employers in New York should keep an eye on the upcoming October 9th deadline for providing anti-harassment training to all employees. As we previously reported, effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual … Continue Reading

New York State Advances Bill That Would Allow Liens Against Employers For Unpaid Wage Claims

Paying WagesUPDATE – On December 31, 2019, Governor Andrew Cuomo vetoed the bill; however, he indicated that he intends to propose replacement legislation in 2020 to allow victims of wage theft to use “any and all assets, even personal assets, of the bad actor” to satisfy a judgement. The New York state legislature has passed a bill … Continue Reading
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