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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, 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

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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…

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, Governor Kathy Hochul signed into law state Senate Bill S2628 requiring that all Empire State employers – regardless of size or location within the state – provide prior written notice to newly hired employees if they intend to monitor or otherwise intercept employee emails, text messages, telephone conversations, Internet access, or usage of an electronic device or system. The notice must be provided in writing, in an electronic record, or in another electronic form, and must be acknowledged by each employee either in writing or electronically.

Notably, notice only needs to be provided “upon hiring.” This means that notices only need to be given to employees hired on or after May 7, 2022 – the law’s effective date – but not to existing employees. In addition to this notice, employers must post a notice of electronic monitoring in a conspicuous location within the workplace that is readily available for viewing by all employees who will be subject to the monitoring.
Continue Reading New York becomes latest state to legislate workplace privacy protections

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 a bill that could have a substantial impact on such policies.

Specifically, State Assembly Bill A11179 would mandate the vaccination of all individuals or groups of individuals who, as shown by clinical data, are proven to be safe to receive a COVID-19 vaccine. This mandate would only take effect, however, after a vaccine is approved and its promotion and distributions plans have commenced, and if public health officials determine that residents of the state are not developing sufficient immunity from COVID-19.  Notably, the Bill includes an exception to the vaccination requirement for “[a]ny individual who has received a medical exemption from a licensed medical professional.”…
Continue Reading New bill would require virtually all New Yorkers to receive COVID-19 vaccination

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 new protocols and issued an updated travel advisory and Interim Guidance allowing out-of-state travelers to test out of the mandatory 14-day quarantine. Just six days later, however – on November 10 – the State updated these protocols yet again. This article will summarize the cumulative changes implemented by the November 4 and 10 updates.

Specifically, the updated protocols permit any traveler to New York from a noncontiguous state, a U.S. territory, or a U.S. Centers for Disease Control and Prevention (CDC) level two or three country, to test out of the mandatory 14-day quarantine as follows:…
Continue Reading New York updates its travel protocols for out-of-state travelers for the second time this month

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 and issued an updated travel advisory allowing out-of-state travelers to test out of the mandatory 14-day quarantine.

Specifically, the updated protocols permit any traveler to New York from out of state – with the exception of neighboring states Connecticut, Massachusetts, New Jersey, Pennsylvania and Vermont – to test out of the mandatory 14-day quarantine as follows:…

Continue Reading New York adopts new travel protocols for out-of-state travelers

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”…

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…

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, and requiring a business reopening safety plan. The New York State Department of Labor (NYSDOL) is charged with enforcing many of these measures with which all New York businesses have been and are required to comply.

With many regions now in “Phase Three” of the state’s reopening scheme, the NYSDOL will likely begin auditing employers and investigating complaints to ensure that businesses are complying with New York’s many COVID-19 regulations. For example, the NYSDOL may request from employers an explanation or documentation of the health and safety measures in place at their in-person places of business. In addition, the NYSDOL may inquire as to whether employees have contracted COVID-19 and, if so, what protocols businesses implemented as a result.
Continue Reading Reminder to New York employers: the New York State Department of Labor will be enforcing COVID-19 regulations