Employers Prohibited from Forcing Arbitration of Sexual Assault and Sexual Harassment Claims
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. This Act allows individuals asserting claims of workplace sexual assault or sexual harassment to file their case in court, even if they signed pre-dispute arbitration agreements. The Act also allows individuals to bring […]
NYS Expands General Contractors’ Liability for Subcontractors’ Failure to Comply with Wage & Hour Laws
New York State continues to expand wage-theft protections for workers in the construction industry — and the potential scope of liability for employers in that industry. Last month, Governor Hochul signed legislation creating a new Section 198-e of the New York Labor Law. Under that Section, any “contractor” (defined broadly) who enters into a “construction […]
NYS DIVISION OF HUMAN RIGHTS SAYS NO MORE PRIVATE SETTLEMENTS
For complaints filed on or after October 12, 2021, the New York State Division of Human Rights (“NYS DHR” or the “Division”) will no longer issue Commissioner’s Orders discontinuing complaints after private settlements. This is a significant change to the NYS DHR’s long-standing practice of allowing parties to privately settle complaints before case closure in […]
NYS DOL Issues Guidance Concerning Adult-Use Cannabis and the Workplace
On October 8, 2021, the New York State Department of Labor (NYS DOL) published guidance relating to adult-use cannabis and the workplace under the Marijuana Regulation & Taxation Act (MRTA). The MRTA, which was enacted on March 31, 2021, legalizes and regulates the use, production, and sale of adult-use cannabis. The MRTA, among other things, […]
DESIGNATION OF COVID-19 UNDER NYS HERO ACT EXTENDED THROUGH OCTOBER 31, 2021
The New York State Department of Health (“NYS DOH”) has extended its designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” through October 31, 2021. Accordingly, employers must continue to implement their NYS HERO Act plans through at least the end of the month. […]
NYC Extends Anti-Discrimination Protections To Domestic Workers
Now that the school year is underway, it’s time for New Yorkers who employ nannies, housekeepers, or other domestic workers to make sure that they are in compliance with Int. No. 339-B, New York City’s new legislation that extends the employment protections of Title 8 of the New York City Administrative Code (the “NYC Human […]
Employers Must Adopt and Distribute Airborne Infectious Disease Exposure Prevention Plans
Under the New York Health and Essential Rights Act (“HERO Act”), employers must now adopt and distribute – but not implement – workplace plans to protect employees during a future airborne infectious disease outbreak. Last week, the New York State Department of Labor (“DOL”), in consultation with the NYS Department of Health, issued its Airborne […]
NYS Issues Guidance on Sick Leave for COVID-19 Vaccine Side Effects
In late May, the New York State Department of Labor (“DOL”) issued its Guidance on Use of Paid Sick Leave for COVID-19 Vaccine Recovery Time (ny.gov). The Guidance states that employees may use their accrued sick leave under the New York State (“NYS”) sick leave law to take time off to recover from any side […]
No Indemnification from Third Parties for NYS Employers: Robinson v. Great Performances/Artists as Waitresses, Inc.
A New York State (“NYS”) appellate court ruled on May 4, 2021, that NYS employers are not entitled to indemnification or contribution, whether contractual or otherwise, from a third party for claims brought under the New York Labor Law (“NYLL”). The appellate court held that to allow employers to be indemnified for violating the NYLL […]
COBRA Premiums Subsidized Under the American Rescue Plan Act of 2021: Notice to Eligible Individuals Due May 31, 2021
The American Rescue Plan Act of 2021 (“ARP”) provides certain individuals with subsidized COBRA continuation coverage for up to six (6) months between April 1 and September 30, 2021 (the “Premium Assistance Period”). Under ARP, the employer or plan administrator fully subsidizes the cost of COBRA continuation coverage for assistance eligible individuals (“AEIs”). The U.S. […]
