Law and the Workplace

Tag Archives: new york

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

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

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

By Evandro Gigante, Harris Mufson, Alex Downie and Rebecca Fishbein on Posted in Coronavirus, Leaves of Absences
***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

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
*** 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

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

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

By Allan Bloom, Arielle E. Kobetz and Alex Downie on Posted in Coronavirus
***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

By Arielle E. Kobetz, Rachel Therese Gulotta, Laura Fant, Harris Mufson and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
***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

By Arielle E. Kobetz, Evandro Gigante and Alex Downie on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
*** 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

By Arielle E. Kobetz, Laura Fant, Harris Mufson, Heylee Bernstein and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
*** 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

By Evandro Gigante, Guy Brenner, Laura Fant, Nayirie K. Mehdikhani and Alex Downie on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures, Workplace Safety
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

By Arielle E. Kobetz, Laura Fant and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

By Tony Oncidi, Cole Lewis and Laura Fant on Posted in Discrimination, Harassment and Retaliation
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

By Arielle E. Kobetz and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation
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

By Allan Bloom and Laura Fant on Posted in Wage and Hour
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

New York State to Expand Protections Against Discriminatory Pay Practices

By Arielle E. Kobetz, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
UPDATE: Governor Andrew Cuomo signed the bill into law on July 10, 2019.  The law will take effect on October 8, 2019. The New York State legislature has passed a bill that, if signed by Governor Andrew Cuomo, will expand pay protections by requiring employers to provide employees with equal pay for “substantially similar” work … Continue Reading

New York State to Enact Ban on Salary History Inquiries

By Arielle E. Kobetz and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
UPDATE: Governor Andrew Cuomo signed the bill into law on July 10, 2019.  The law will take effect on January 6, 2020. In a continuation of its recent legislative push to expand the reach of anti-discrimination laws, New York State is set to be the latest jurisdiction to prohibit employers from asking job applicants and … Continue Reading

Reminder: New York Minimum Salary for Exemption, Minimum Wage Increasing on December 31

By Allan Bloom and Rachel Philion on Posted in Wage and Hour
As discussed in our earlier post, New York State’s annual increases for overtime exemption and minimum wage go into effect on December 31, 2018. Employers whose exempt “administrative” and “executive” employees are currently paid less than the new salary minimums must either increase those salaries to the new levels or start paying the affected employees … Continue Reading

Westchester County, New York Enacts Paid Sick Leave Law

By Arielle E. Kobetz, Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formWestchester County, NY has become the latest jurisdiction to enact a law providing eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons. The Ordinance will take effect on March 30, 2019. Covered Employees and Accrual of Sick Leave Similar to the New York City Earned … Continue Reading

New York State Releases Sexual Harassment Prevention Training Videos

By Arielle E. Kobetz, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
As we have previously reported, New York State has recently enacted several significant measures regarding sexual harassment in the workplace. Effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees. According to the final guidance issued by the State, all … Continue Reading

New York Minimum Salary for Exemption, Minimum Wage to Increase on December 31

By Allan Bloom and Rachel Philion on Posted in Wage and Hour
It’s that time of year again!  New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2018.  On that date: The minimum salary for exemption as an “administrative” or “executive” employee increases from $975 per week ($50,700 annually) to $1,125 per week ($58,500 annually) for New York City … Continue Reading

[Podcast]: New York State Anti-Harassment Law

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss recent amendments to New York State law prohibiting sexual harassment.  The law will require employers to distribute policies prohibiting sexual harassment in the work place and implement annual training on sexual harassment.  These policies, which much be distributed by October 9, 2018, … Continue Reading
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