New York Employment Beat

Subscribe to New York Employment Beat

In early December 2021, then-Mayor Bill de Blasio announced that all private sector employers in New York City would need to adopt a mandatory COVID-19 vaccination policy for their workers. This meant that all private sector employees in New York City needed to be vaccinated against COVID-19 in order to perform in-person services within the…

On August 3, 2022, New York Governor Kathy Hochul announced the implementation of New York’s Health Care and Mental Hygiene Worker Bonus Program (the Bonus Program). The Bonus Program, passed as part of the State budget, amends New York Social Services Law by requiring qualified employers to pay up to $3,000 in bonuses to certain health care and mental hygiene workers over statutory vesting periods. This post details the eligibility, qualifications, and employer obligations under the Bonus Program.

Which employers and employees are subject to the Bonus Program?

A qualified employer is an employer with at least one employee that either: (i) bills under the state Medicaid plan; (ii) bills under the home or community-based services waiver; or (iii) bills for Medicaid through a managed care organization or managed long term care plan. Providers, facilities, pharmacies, and school-based health centers licensed under the New York Public Health, Mental Hygiene, and Education Laws, as well as certain state agency funded programs, fall within this definition.

“Front-line” health care and mental hygiene workers who “provide hands-on health or care services to individuals” are eligible to receive the bonus. This includes full-time and part-time employees and independent contractors who are physically present in New York. To qualify for a bonus under the program, an employee must also: (i) earn less than $125,000 annually; (ii) remain employed by a qualified employer for the duration of at least one vesting period (which the New York State Department of Health (NYSDOH) has established is six months); (iii) have a title included on the list of Eligible Worker Titles published by the NYSDOH; and (iv) not have been suspended or excluded from the Medicaid program during the vesting period.

The NYSDOH further clarified in a Town hall meeting that employees who work remotely, but serve in patient-facing roles such as telehealth nurses and social workers, are also considered eligible employees, provided that they meet the criteria outlined above.…

Continue Reading New York implements Health Care and Mental Hygiene Worker Bonus Program

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…

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…

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…

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…

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…

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 treat all employees evenly, regardless of protected class status, when implementing vaccine requirements. Specifically, the guidance advises that employers should not (i) scrutinize proof of vaccination more closely when it is provided by employees of a particular race, national origin, or religion based on the perception that people in those groups are less likely to be vaccinated; (ii) require proof of vaccination only for older employees or employees with disabilities based on the belief that COVID-19 is more dangerous for them; or (iii) refuse to accept certain types of valid proof of vaccination, such as official immunization records from other countries or photographs of Centers for Disease Control and Prevention (CDC) vaccination cards.

The guidance reiterates that employers are prohibited from retaliating against employees because they requested an accommodation, opposed discrimination, or filed or assisted with a claim under the New York City Human Rights Law (NYCHRL).…

Continue Reading NYC guidance addresses intersection of vaccine policies and workplace laws

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 vaccination requirement

By December 27, employers must require all workers to provide proof that they have received at least one dose of a COVID-19 vaccine. (For the purposes of this mandate, a “worker” is a full- or part-time staff member, employer, employee, intern, volunteer, or contractor of a covered entity.) Employers will be required to verify and maintain a record of each worker’s proof of vaccination. In addition, by December 27, employers must complete an affirmation of compliance with this requirement and post it in a public place.

By February 10, 2022, employers must require that all workers provide proof that they have received a second dose of a COVID-19 vaccine (for Pfizer or Moderna vaccines). If such proof is not provided, the worker must be excluded from the workplace until they can provide such proof, unless an exception applies (as detailed below).

In addition, the guidance confirms the following critical points:

  • The mandate pertains to New York City workplaces and a worker’s residence is not relevant to its applicability.
  • Employers are not required to fire or discipline workers who refuse to comply with this mandate. Rather, the guidance indicates that “[a]s long as you keep the worker out of the workplace, it is your decision whether to discipline or fire such worker, or if the worker can contribute to your business while working remotely.”
  • Employers with multiple business locations must post the affirmation of compliance in a conspicuous location in each business location. However, vaccination and reasonable accommodation records may be stored in one central location, provided that each business location has contact information available to offer to City inspectors to put them in touch with the business representative who is centrally storing such records for the business.
  • Employers may adopt a vaccination policy that is stricter than the requirements of the New York City order, as long as it is not discriminatory or otherwise unlawful.
  • Coworking spaces must comply with this mandate vis-à-vis their renters.

…
Continue Reading Everything you need to know about NYC’s employer vaccine 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

…