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On September 6, 2021, New York Governor Kathy Hochul announced that COVID-19 has been designated as a highly contagious communicable disease that presents a serious risk of harm to the public health under New York State’s HERO Act (“HERO Act” or the “Act”). At the time of the publication of this article, the Commissioner of Health’s designation is only effective until September 30, 2021. On September 30, the Commissioner will review the level of COVID-19 transmission in the state and make a further determination.
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Continue Reading NY HERO Act Plans Must Be Activated as COVID-19 Designated a Highly Contagious Communicable Disease

On August 3, 2021, New York City Mayor Bill de Blasio announced the “Key to NYC” program (“Key to NYC” or the “Program”), which implemented new mandatory COVID-19 vaccination requirements for employees and patrons of certain indoor establishments in New York City.  Effective August 17, 2021, business entities covered under Key to NYC must require proof of COVID-19 vaccination for employees, patrons and most other individuals entering the premises, with certain limited exceptions (outlined below).  On August 17, 2021 (the Program’s effective date), the City simultaneously released new guidance and Frequently Asked Questions regarding how covered businesses may comply with Key to NYC, which are summarized below.  Because enforcement of the Program begins on September 13, 2021, New York employers covered by the Program should be aware of its implications and take necessary steps towards compliance.
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Continue Reading Picking Up the “Key to NYC”: New Vaccination Regulations Now Effective for New York City Employers

As we previously reported, on May 5, 2021, Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“HERO Act” or the “Act”) into law.  On July 6, 2021 the New York State Department of Labor (“NYSDOL”) published its Airborne Infectious Disease Exposure Prevention Standard (the “Standard”), a General Model Airborne Infectious Disease Exposure Prevention Plan, and several Industry Specific Model Exposure Prevention Plans (“Model Plan” or Model Plans”) as required by the HERO Act.
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Continue Reading New Health and Safety Obligations Established as NYSDOL Publishes Its Standard and Model Airborne Infectious Disease Exposure Plan Required by NY HERO Act

This week, both houses of the New York state legislature passed a package of amendments (the “Amendments”) to the New York Health and Essential Rights Act (“HERO Act” or the “Act”) designed to clarify, modify, and delay implementation of certain provisions of the Act.…
Continue Reading NY HERO Act Requirements Significantly Modified as Amendments Pass New York Legislature

On March 31, 2021, New York Governor Andrew Cuomo signed the Marihuana Regulation and Taxation Act (the “MRTA”) into law, making New York the latest state to legalize recreational marijuana.  The MRTA allows adults aged 21 and older to possess, purchase, display, obtain, and transport marijuana in limited quantities.  The MRTA takes effect immediately, although the sale of recreational-use marijuana is not expected to become legal for at least another year.  The legalization of marijuana will have significant effects on many aspects of society in New York, including in the workplace.…
Continue Reading New York State Legalizes Recreational Marijuana: What Employers Need to Know

On April 23, 2021, the New York state legislature delivered a copy of the Health and Essential Rights Act (the “HERO Act” or the “Act”) to Governor Andrew Cuomo for…
Continue Reading Governor to Consider Significant New Health and Safety Obligations as NY HERO Act Passes State Legislature

On January 20, 2021 – nearly a year after the law’s effective date – the New York Department of Labor (“NYDOL”) issued new guidance (the “Guidance”) for employers regarding the scope of available sick leave for employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 (“Quarantine Leave”).  The Guidance creates new obligations for employers in New York and clarifies certain limitations on Quarantine Leave.  It is also intended to supplement other guidance previously issued by the NYDOL, which remains in effect.…
Continue Reading New York Department of Labor Significantly Expands COVID-19 Quarantine Leave

On January 6, 2021, a bipartisan group of New York State lawmakers introduced Assembly Bill 27, the latest version of proposed privacy legislation that would allow consumers to sue companies for improperly using or retaining their biometric data. Better known as the Biometric Privacy Act (the “BPA”), the bill, if enacted, would impose significant compliance requirements for companies handling biometric data. The BPA would make New York State only the second state with a private right of action that includes statutory damages against entities that improperly use or retain biometric data. If the BPA is signed into law, it would likely bring a flood of class action litigation, similar to that seen in Illinois under Illinois’ Biometric Information Privacy Act (the “Illinois BIPA”).…
Continue Reading New York Proposes Biometric Privacy Act With Private Right of Action

In yet another decision concerning gig economy businesses, the New York Supreme Court, Appellate Division, Third Judicial Department upheld a decision of the Unemployment Insurance Appeal Board (the “Board”), which held that Uber exercised sufficient control over its drivers to qualify as their employer.  Accordingly, it found Uber to be liable for unemployment insurance contributions with respect to the drivers at issue.…
Continue Reading Battle Over Rideshare Worker Classification Continues: New York Supreme Court Holds Uber Drivers Are Employees, Entitled to Unemployment Insurance

The New York State Paid Sick Leave law (“NYSPSL”) and the amendments to the New York City Paid Safe and Sick Leave law (“ESSTA”) expanding employees’ paid sick leave entitlements…
Continue Reading New Year, New Rules: New York Employees May Begin Taking Paid Sick Leave January 1, 2021

On November 11, 2020, Governor Cuomo signed an amendment (the “Amendment”) to the New York State Worker Adjustment and Retraining Notification Act (“NY-WARN Act”).  The Amendment significantly expands the governmental entities that an employer must notify concerning a NY-WARN triggering event, such as a mass layoff, plant closing, reduction in hours, or relocation. …
Continue Reading New York State Amends WARN Act to Require Additional Notifications