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. […]
NYS Law Requires Employers to Adopt Workplace Safety Plans to Prevent Spread of Airborne Infectious Diseases
On May 5, 2021, Governor Cuomo signed into law the New York Health and Essential Rights Act (the “NY HERO Act” or the “Act”), which is intended to prevent workplace exposure to airborne infectious diseases such as COVID-19. The Governor also announced that the New York State (“NYS”) legislature will amend the NY HERO Act […]
Paid Time Off for NYS Employees for COVID-19 Vaccination
UPDATE: Governor Cuomo signed the Bill on March 12, 2021. The Bill took effect immediately upon the Governor’s signature. The New York State (“NYS”) Legislature passed a bill (“Bill”) that would allow employees of public and private employers to take paid time off to receive COVID-19 vaccinations. The Bill is set to be delivered to […]
NYC Final Rule Prohibits Hair Discrimination Based on Race or Religion
The final rule (“Final Rule”) of the New York City Commission on Human Rights (the “Commission”) prohibiting hair discrimination based on race or religion went into effect on January 30, 2021. The Final Rule expands on the legal guidance issued two years ago by the Commission that banned racial discrimination on the basis of hair. […]
OSHA Issues Guidance on Protecting Workers From COVID-19
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued guidance entitled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace” (“Guidance”). The Guidance does not create any new obligations for employers. Rather, it provides recommendations, advice and information for employers, who have a general duty to provide […]