Law and the Workplace

Tag Archives: new york

New York Employers Must Make Required Workplace Postings Available Electronically to Employees

By Evandro Gigante and Laura Fant on Posted in Workplace Policies and Procedures
Effectively immediately, employers in New York State are required to make digital versions of required federal and state postings available to employees. Specifically, under an amendment to Section 201 of the N.Y. Labor Law, digital versions of “all . . . documents required to be physically posted at a worksite pursuant to state law or federal … Continue Reading

Proposed Legislation Limiting Inquiries into an Applicant’s Criminal History Prior to an Offer of Employment Introduced in the New York State Legislature

By Evandro Gigante, Laura Fant and Margo Richard on Posted in Hiring/Background Checks
On February 7, 2023, Bill No. A03726 was introduced before the New York State Assembly which, if passed, would prohibit employers from inquiring about or making statements regarding “the arrest record or conviction record of any person who is in the process of applying for employment or interviewing for employment with such employer.” This proposed … Continue Reading

UPDATED: New York State Enacts Amendments to Pay Transparency Law Taking Effect Later This Year

By Allan Bloom, Evandro Gigante, Laura Fant and Scott Tan on Posted in Hiring/Background Checks, Pay Equity
***UPDATE: Governor Hochul signed the amendments into law on March 3, 2023.*** The New York State Legislature has approved chapter amendments to  New York State’s pay transparency law, which is slated to take effect on September 17, 2023.  The most notable revision would provide that the law applies to remote positions physically performed outside of … Continue Reading

New York Considering Expanding NY Paid Family Leave Law to Include Fetal and Infant Bereavement Purposes

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
The New York State legislature is considering a bill (A.3737/S.4259) that would expand the covered reasons for leave under the New York Paid Family Leave Law (“NYPFLL”) to include fetal and infant bereavement. Currently, the NYPFLL provides eligible New York employees with up to 12 weeks of partially paid leave in a rolling 12-month period … Continue Reading

New York Issues Required Posting Regarding Veteran Benefits and Services

By Evandro Gigante and Laura Fant on Posted in Workplace Policies and Procedures
The New York Department of Labor has issued a required posting regarding benefits and services available to military veterans in accordance with S.1961B/A3913. The law, which took effect on January 1, 2023 and amends the NY Labor Law, requires New York employers with more than 50 full-time equivalent employees to display the poster “in a … Continue Reading

New York State Releases Proposed Changes to Model Sexual Harassment Prevention Policy

By Evandro Gigante, Laura Fant, Arielle E. Kobetz and Hannah Morris on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On January 12, 2023 the New York State Department of Labor (“DOL”) issued an updated Proposed Sexual Harassment Prevention Model Policy which, among other things, addresses remote work, gender identity and bystander intervention methods.  The public has 30 days (until February 11) to comment on the proposed revisions prior to a final version being adopted. … Continue Reading

New York State DOL Increases Upstate New York Minimum Wage, Proposes Hike in Upstate Minimum Salary for Exemption

By Allan Bloom on Posted in Salary basis, Wage and Hour
As part of its goal of phasing in a $15 minimum wage for all employees in New York, the State began implementing annual increases in 2016 across all regions.  The annual increases are published by the Commissioner of Labor on or about October 1 of each year, and are based on percentage increases determined by … Continue Reading

UPDATE: New York City’s Pay Transparency Law Is Here – Are You Ready?

By Allan Bloom, Evandro Gigante, Laura Fant, Theresa Madonna and Scott Tan on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Pay Equity, Workplace Policies and Procedures
Paying WagesNew York City’s pay transparency law, which requires most New York City employers to disclose salary ranges in their job postings, took effect on November 1, 2022. As we previously reported, the new law amends the New York City Human Rights Law to require covered employers who post a job, promotion, or transfer opportunity for … Continue Reading

New York State to Fund Bonuses for Certain Healthcare Workers as Part of State Budget

By Edward S. Kornreich, Whitney Phelps and Laura Fant on Posted in Wage and Hour
As part of the Fiscal Year 2023 New York state Executive Budget legislation, $1.2 billion in funding has been allocated for the payment of bonuses for certain “frontline” healthcare workers. With the stated goals to “recruit, retain, and reward health care and mental hygiene workers,” the provision – located within Part D of the Health … Continue Reading

[Podcast]: The New York City Pay Transparency Law

By Evandro Gigante and Laura M. Fant on Posted in The Proskauer Brief Podcast
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss a recent New York City law requiring employers to state salary ranges in job postings. Effective May 15, 2022, as an amendment to the New York City Human Rights law, it shall now be an unlawful discriminatory practice for an employer or their agent to … Continue Reading

(UPDATED) New York State Court Strikes Down Statewide Mask or Vaccine Requirement for Indoor Public Places

By Steven Hurd, Evandro Gigante, Laura Fant and Rebecca Fishbein on Posted in Coronavirus
***UPDATE: In a whiplash-inducing turn, on January 25, 2022, the New York State Appellate Division granted a stay of the Nassau County court’s decision pending determination of the State’s appeal.  As such, the mask-or-vaccine requirement remains in effect for the moment.  We will continue to monitor and report on further developments.*** On January 24, 2022, … Continue Reading

New York City and State Update COVID Quarantine and Isolation Guidance to Align With CDC’s Shortened Timeframes

By Evandro Gigante, Laura Fant and Raymond Arroyo on Posted in Coronavirus
CoronovirusOn January 22, 2022, New York City updated its quarantine and isolation guidance to align with the CDC’s recent shortening of both (i) the recommended timeframe for isolation following a COVID-19 diagnosis for individuals regardless of vaccination status, and (ii) the recommended quarantine period following a COVID-19 exposure for vaccinated individuals. New York State has … Continue Reading

New York State Department of Labor Issues Proposed Rule for HERO Act Workplace Safety Committees

By Evandro Gigante, Laura M. Fant, Alex Downie and Raymond Arroyo on Posted in Coronavirus
On December 22, 2021, the New York State Department of Labor (“NYDOL”) issued a proposed rule regarding workplace safety committees under the HERO Act. As we have previously reported, the HERO Act requires all employers in New York State to adopt a prevention plan to protect against the spread of COVID-19 and other airborne infectious … Continue Reading

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

By Steven Hurd and Laura Fant on Posted in Workplace Policies and Procedures
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

By Evandro Gigante, Arielle E. Kobetz and Alex Downie on Posted in Coronavirus
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

By Allan Bloom and Megan Childs on Posted in Wage and Hour
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

By Evandro Gigante, Laura Fant and Alex Downie on Posted in Coronavirus, Workplace Policies and Procedures, Workplace Safety
***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

By Evandro Gigante, Steven Hurd, Laura M. Fant and Alex Downie on Posted in Coronavirus
***UPDATE: On February 15, 2022, 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 March 17, 2022. According to the designation, on March 17, 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

By Evandro Gigante, Harris Mufson, Laura Fant, Alex Downie and Megan Childs on Posted in Coronavirus
***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

By Evandro Gigante, Harris Mufson, Arielle E. Kobetz and Alex Downie on Posted in Coronavirus
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

By Harris Mufson, Evandro Gigante and Alex Downie on Posted in Coronavirus
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

By Evandro Gigante, Harris Mufson, Alex Downie and Makenzie D. Way on Posted in Coronavirus
***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
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