Archives: New York Employment Beat

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New York City passes key amendments to paid safe and sick leave law

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

New York federal judge nixes U.S. Department of Labor’s new “joint employer” rule

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

New York’s healthy terminals act may create additional wage and benefits obligations for airport employers

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

Everything you need to know about New York’s forthcoming statewide paid sick leave law

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

Updated COVID-19 FAQs for New York employers

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

COVID-19 FAQs for New York employers

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

Update on everything you need to know about New York’s business reopening plan [Updated as of July 1]

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

Reminder to New York employers: the New York State Department of Labor will be enforcing COVID-19 regulations

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

New York state further restricts eligibility for its paid quarantine leave

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

Moving forward: New York State Department of Health issues new protocols for returning employees to the workplace following COVID-19 infection or exposure

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

Update on everything you need to know about New York’s business reopening plan [Updated as of June 15]

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

Update on everything you need to know about New York’s business reopening plan [Updated as of June 3]

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

Update on everything you need to know about New York’s business reopening plan

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

New York announces additional reopening guidance, including a regional monitoring dashboard

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

Gov. Cuomo announces guidelines to “reopen” New York

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 – New York to revert back to pre-2019 voting leave law

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

New York issues guidance on face coverings for essential businesses

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

Essential New York businesses must provide “face coverings” to public-facing employees

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

New York to ban all “in-person” work

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

Big Apple employers: Governor Cuomo announces job protections and paid sick leave for New Yorkers quarantined due to COVID-19

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

New York requires remote working, 50% reduction in employees at physical work locations

As one part of its continuing approach to combating the COVID-19 pandemic, New York State will soon be requiring employers statewide to utilize remote work arrangements to the maximum extent feasible and to slash the number of employees in their physical work locations. Pursuant to an executive order issued by Governor Andrew Cuomo late last … Continue Reading

New York State and City expand Human Rights Law protections to freelancers and independent contractors

Independent contractors have long been excluded from the protections afforded by traditional workplace anti-discrimination laws. That is no longer the case in New York State and City. In recent months, legislators in both Albany and Manhattan have extended substantial workplace-related protections – once only afforded to traditional employees – to freelancers, consultants, and the like … Continue Reading

New year, new changes to New York state’s minimum wage and tip credit rules

New York state rang in 2020 with a sweeping change to its minimum wage and tip credit rules that is expected to impact roughly 70,000 workers. On December 31, 2019, the New York State Department of Labor (the NYSDOL) recommended to Governor Andrew Cuomo that the state eliminate the tip credit for all miscellaneous industry … Continue Reading

New York state’s reproductive health law necessitates handbook revisions

New York state employers, it’s time to dust off and update your employee handbooks again.  Earlier this month, Governor Andrew Cuomo signed a law that protects employees against discrimination on the basis of their reproductive health decision-making. The law, which mirrors a recent bill passed by New York City lawmakers, also requires that employers in … Continue Reading
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