In September 2020, the New York Workers’ Compensation Board (WCB) issued guidance related to COVID-19 claims and their compensability under the State’s workers’ compensation laws. This guidance is especially noteworthy because workers’ compensation claims are expected to increase substantially as a result of COVID-19. By way of background, New York is one of the few … Continue Reading
With two COVID-19 vaccines pending approval by the U.S. Food and Drug Administration (FDA), employer-mandated COVID-19 vaccination policies are a hot topic at the employment law water cooler these days. While there is currently no concrete guidance on this issue at the federal, state, or city level, on December 4, New York State lawmakers introduced … Continue Reading
As we previously reported, on June 24, Governor Andrew Cuomo issued an executive order requiring that individuals returning to New York State from so-called restricted states – i.e., states that met certain COVID-19 transmission levels – quarantine for a period of 14 days upon return. As we also reported, effective November 4, New York adopted … Continue Reading
As we previously reported, on June 24, Governor Andrew Cuomo issued an executive order requiring that individuals returning to New York State from so-called restricted states – i.e., states that met certain COVID-19 transmission levels – quarantine for a period of 14 days upon return. Effective November 4, however, New York has adopted new protocols … Continue Reading
New York City first adopted a local paid sick leave law in 2014. Over the ensuing six years, the City legislature amended the law several times, including in 2018 to add “safe leave” as a form of paid time off. Late last month, the City amended the Earned Safe and Sick Time Act (ESSTA) yet … Continue Reading
Earlier this year, the U.S. Department of Labor (DOL) issued a rule updating its interpretation of the “joint employer” doctrine under federal wage and hour law. Yesterday, however, a New York federal judge struck down a significant portion of the rule. Judge Gregory H. Woods’ 62-page decision delivers a significant blow to businesses that had … Continue Reading
Airport workers at John F. Kennedy (JFK), LaGuardia (LGA), and New York Stewart International Airport (SWF-Stewart Intl.) may soon be receiving increased wages and benefits under the Healthy Terminals Act (the “Act”) (Senate Bill S6266D). Spurred by the COVID-19 related death of a JFK airport worker, the Act recently passed both the New York State … Continue Reading
The enactment of paid sick leave laws began as a state and local employment law trend roughly a decade ago, gaining substantial momentum in the mid-2010’s. Amidst this wave, New York City adopted a paid sick leave law in April 2014. The City Council later amended the law – in May 2018 – to provide … Continue Reading
Please see an updated version of our FAQs as of July 25, 2020. We have compiled FAQs concerning New York’s COVID-19-related health and safety protocols for businesses across the state. These protocols apply to all New York businesses – regardless of size, location, whether the business has physically reopened, or whether it was deemed “essential” – … Continue Reading
Since early May, New York State has published – across multiple platforms – a slew of materials related to business reopenings and workplace-related health and safety. We developed a FAQs based on some of the more common New York-specific questions that clients have posed to us since May. The FAQs touch on a host of issues, … Continue Reading
As we previously detailed here and here, New York State Governor Andrew Cuomo recently outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings are being determined, first, on a region-by-region basis and then, once a region is eligible to reopen, on a phased industry-by-industry basis. Since the Governor … Continue Reading
As we have reported, since March, New York State has implemented a variety of measures to limit the spread of COVID-19 and to protect workers during the pandemic. These measures include essential business designations, limiting in-person work, paid leave for certain employees impacted by COVID-19, phased reopening of nonessential businesses, mandatory health and safety protocols, … Continue Reading
The Empire State recently announced strict measures to protect against the spread of COVID-19 by individuals returning to New York from states experiencing a spike in cases. Specifically, on June 24 Governor Cuomo signed Executive Order 205 (EO 205), which requires individuals returning to New York from a state that meets either of the following … Continue Reading
As New York State businesses begin to reopen – a process we have detailed here – Empire State employers will increasingly be required to make decisions with respect to returning employees to the workplace who were suspected or confirmed to be infected with, or exposed to, COVID-19. To assist the business community, the New York … Continue Reading
As we previously detailed here and here, New York State Governor Andrew Cuomo recently outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings are being determined, first, on a region-by-region basis and then, once a region is eligible to reopen, on a phased industry-by-industry basis. … Continue Reading
As we previously detailed here and here, New York State Governor Andrew Cuomo recently outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings are being determined, first, on a region-by-region and then, once a region is eligible to reopen, on a phased industry-by-industry basis. Since … Continue Reading
As we previously detailed here and here, New York State Governor Andrew Cuomo recently outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings are being determined, first, on a region-by-region and then, once a region is eligible to reopen, on a phased industry-by-industry basis. Since … Continue Reading
As we previously detailed, last week New York State Governor Andrew Cuomo outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings will be determined, first, on a region-by-region and then, once a region is eligible to reopen, on a phased industry-by-industry basis. In the wake … Continue Reading
Yesterday, New York State Governor Andrew Cuomo outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings will be determined on a region-by-region and industry-by-industry basis. And when businesses do ultimately reopen, they will be required to adopt a plan to protect employees and consumers, make … Continue Reading
What’s old is new again in New York. In non-COVID-19-related news, earlier this month, New York state passed its fiscal year 2020–2021 budget. As part of the budget, New York’s voting leave law, which was amended last year, will revert back to the pre-2019 version of the statute. By way of background, in April 2019, … Continue Reading
As we detailed last week, on April 12, New York Governor Andrew Cuomo issued an executive order requiring all essential businesses to provide their employees with “face coverings” to be worn when the employees are “in direct contact with customers or members of the public.” The New York State Department of Health (DOH) has now … Continue Reading
As we detailed in a prior post, on March 20, New York Governor Andrew Cuomo issued an executive order barring virtually all “in-person” work within the Empire State. The Governor exempted from his executive order, however, certain essential businesses and entities providing essential services and functions. Such businesses and entities were permitted to continue operating. … Continue Reading
Two days ago, New York Governor Andrew Cuomo issued an executive order requiring that, by 8 pm tonight, Empire State businesses reduce their “in-person” workforces at any physical work locations by 50%. Yesterday, that number jumped to 75%. Today, however, Governor Cuomo announced that he is increasing the reduction to 100% of “in-person” New York … Continue Reading
In the wake of the COVID-19 pandemic, yesterday, New York State Governor Andrew Cuomo signed into law a bill providing job protection and benefits to certain employees quarantined due to COVID-19. Principally, the legislation provides certain job protections to employees subject to a mandatory or precautionary order of quarantine or isolation issued by the state, … Continue Reading
