Well, that was fast! As we reported on Tuesday, the New York State legislature passed a sweeping bill in late April known as the HERO Act. The HERO Act represents a massive change to the Empire State’s workplace health and safety protocols.

At the time of our initial post, the HERO Act was awaiting Governor Andrew Cuomo’s signature. That signature came late Wednesday. Notably, however, the Governor has asked the legislature to make certain technical changes to the law, including giving the New York State Department of Labor and employers more specific instructions in developing and implementing the workplace standards required by the HERO Act. In addition, Governor Cuomo has asked that lawmakers add a requirement for employers to cure violations in order to better protect the safety of workers and limit claims by employees for violations, in limited circumstances where employers are acting in bad faith and failing to cure deficiencies.

Absent any further changes, the HERO Act will take effect on June 4, 2021.

We will continue to monitor updates on the HERO Act and related model policies and plans. If you have any questions about how the HERO Act impacts your workplace, Reed Smith’s Labor and Employment team is ready to speak with you.