Archives: New York Employment Beat

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New York enacts two bills expanding employee protections under the state’s anti-discrimination statute

As we previously reported, the New York State Senate recently passed a handful of significant employment-related bills. On March 16, Governor Kathy Hochul signed several of the bills into law. Perhaps most notably, Senate Bill S.5870 bars employers from disclosing an employee’s personnel files because the of the employee’s participation in a workplace complaint or … Continue Reading

New York legislature proposes sweeping changes to workplace laws

On March 1, 2022, the New York State Senate passed a suite of landmark employment legislation. Though several of the bills still need to be passed by the State Assembly – and, of course, ultimately signed into law by Governor Kathy Hochul – Empire State employers should nevertheless review the measures now so they will … Continue Reading

New York judge strikes down statewide mask mandate

On December 13, 2021, New York State Governor Kathy Hochul announced that the wearing of masks would once again be required in “all indoor public places unless businesses or venues implement a vaccine requirement.” This meant that for any business that did not have a proof of vaccination requirement in place, all of the business’s … Continue Reading

NYC wage transparency law to go into effect in May 2022

As we previously reported, the New York City Council passed legislation in December 2021 requiring New York City employers to include a maximum and minimum salary in all job postings (for new jobs as well as internal promotions and transfer opportunities). Mayor Eric Adams returned the bill unsigned to the city council on January 14, … Continue Reading

NYC passes landmark wage transparency bill

Even though 2022 is just underway, the NYC employment law landscape is already red hot. In mid-December, the city council passed a first-of-its-kind bill requiring Big Apple employers to include a maximum and minimum salary in all job postings, which includes new jobs as well as internal promotions and transfer opportunities. For employers that are … Continue Reading

NYC guidance addresses intersection of vaccine policies and workplace laws

In conjunction with New York City’s recent employer vaccine mandate, the New York City Commission on Human Rights (NYCCHR) issued enforcement guidance on the equitable implementation of COVID-19 vaccine requirements for employees, independent contractors, and interns. Non-discriminatory application of vaccine policies In its guidance, the NYCCHR underscored that employers must ensure their policies and practices … Continue Reading

Everything you need to know about NYC’s employer vaccine mandate

As we previously reported, effective December 27, 2021, all private sector employers in New York City will be required to implement a mandatory vaccination policy for their workers. Today, guidance was issued clarifying this new mandate and related employer obligations. We have summarized what you need to know about this guidance below. Clarification on the … Continue Reading

New York issues guidance on its latest mask mandate

As we previously reported, effective today, masks must be worn in New York State in “all indoor public places unless businesses or venues implement a vaccine requirement.” On Friday, December 10, 2021, the State issued guidance on the measure, clarifying the following key points: Definition of indoor public place – An indoor public place is … Continue Reading

BREAKING: New York State reinstates indoor mask mandate

Just a short while ago, New York State Governor Kathy Hochul announced that, effective December 13, 2021, masks will be required to be worn in “all indoor public places unless businesses or venues implement a vaccine requirement.” This means that, for any business that does not have a proof of vaccination requirement in place, all … Continue Reading

BREAKING: NYC to mandate vaccinations for all private-sector workers

Earlier today, New York City Mayor Bill de Blasio announced that, effective December 27, 2021 and as part of an expansion of the city’s “Key to NYC” program, all private-sector employers in the Big Apple will be required to adopt a mandatory COVID-19 vaccination policy for their employees. The expanded program will also include additional … Continue Reading

New York becomes latest state to legislate workplace privacy protections

Monitoring employee communications – particularly electronic communications – is standard practice for most U.S. employers. Beginning in May 2022, however, employers in New York state who engage in electronic monitoring of employee communications will be required to make certain disclosures to their workers. Pre-employment written notice for new hires More particularly, on November 8, 2021, … Continue Reading

New York enacts sweeping expansion of state’s whistleblower law

Although New York has had an employment-related whistleblower statute for decades, many employers may not have been aware of it. That is because the statute itself – N.Y. Labor Law section 740 – has been fairly limited in its scope and application. Indeed, it has only protected employees who disclose employer activity that violates laws … Continue Reading

New York confirms that paid leave for COVID-19 vaccination may be used for booster shots

As we previously reported, earlier this year New York lawmakers passed a law requiring that all Empire State employers provide their employees with up to four hours of paid time off to receive the COVID-19 vaccine. Shortly thereafter, the New York State Department of Labor (NYSDOL) published guidance on the measure, clarifying that: (i) the … Continue Reading

Sweeping amendments to New York City’s “Ban the Box” law are now in effect

Back in 2015, New York City joined the “Ban the Box” bandwagon and passed a law that delays when criminal background checks can be run on most Big Apple job applicants. Specifically, the Fair Chance Act (FCA) prohibits NYC employers from inquiring about a job applicant’s criminal conviction history until after a conditional offer of … Continue Reading

BREAKING: New York Labor Department unveils guidance on HERO Act, starting the clock for all Empire State employers to adopt airborne infectious disease exposure plans

Earlier this year, New York lawmakers passed a novel, sweeping overhaul of the State’s workplace health and safety laws. Known as the HERO Act, the law is intended to “to protect employees against exposure and disease during a future airborne infectious disease outbreak.” Among other things, the HERO Act requires that the New York State … Continue Reading

New York’s amended HERO Act now in effect

Last month, we reported on New York’s passage of the so-called HERO Act, a landmark law that imposes a novel, sweeping overhaul of the State’s workplace health and safety laws. Although the HERO Act was set to take effect on June 4, the State on June 11 amended the law, including to delay its effective … Continue Reading

New York updates COVID-19 guidelines for office-based workplaces

Last summer, as New York began the process of non-essential business reopenings, the State issued a series of industry-specific workplace health and safety guidelines with which all businesses were and have continued to be required to adhere.  On the heels of recent CDC guidance loosening workplace-related restrictions for vaccinated employees, New York has updated these … Continue Reading

New York State Department of Labor confirms that New York State paid sick leave applies to COVID-19 vaccine recovery time

As we previously reported, over the past year, New York State has adopted a statewide sick leave law, paid leave for COVID-19 vaccination, and paid quarantine leave.  Last week, the New York State Department of Labor (NYSDOL) issued guidance on the use of New York State Sick Leave (NYSSL) as it pertains to employees receiving … Continue Reading

BREAKING: New York adopts CDC’s loosened mask and social distancing guidance

As most of our readers likely know by now, on May 13, the U.S. Centers for Disease Control and Prevention (CDC) announced that, “[i]f you are fully vaccinated, you can resume activities that you did prior to the pandemic.” The CDC went on the state that “[f]ully vaccinated people can resume activities without wearing a … Continue Reading

New York’s landmark HERO Act becomes law – With some caveats

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 … Continue Reading

New York legislators pass sweeping new workplace health and safety bill

In late April, New York State legislators passed a bill that can best be described as a “game changer.” Known as the Health and Essential Rights – or HERO – Act, the bill proposes a novel, sweeping overhaul of the Empire State’s workplace health and safety laws. Among other things, the HERO Act directs New … Continue Reading

New York eliminates quarantine for domestic travel effective April 1

New York is doing away with its quarantine requirement for out-of-state travelers. By way of background, in June 2020, New York issued a COVID-19 Travel Advisory requiring certain travelers to quarantine upon entry to New York. In November 2020, New York modified its travel advisory to permit out-of-state travelers to test out of its mandatory quarantine. In … Continue Reading

New York to provide paid leave for COVID-19 vaccination

On March 12, Governor Andrew Cuomo signed into law a bill requiring that all public and private employers in New York State provide their workforces with up to four hours of paid time off to receive the COVID-19 vaccine. More particularly, the law requires that Empire State employers provide their employees with “a sufficient period … Continue Reading

COVID-19 in New York one year later: An overview of employer obligations still in-effect

As we approach the one-year anniversary of COVID-19’s upheaval of “business as usual,” we continue to field inquiries from Empire State employers regarding their pandemic-related workplace obligations.  Given that many of the pandemic-related regulations remain fully in effect, we have summarized in this blog post the primary employer obligations that remain in-effect in New York: … Continue Reading
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