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Workers’ compensation claims are typically an issue about which employers think only in the context of physical workplace injuries. In New York State, however, that may soon be poised to change. On January 1, 2025, the states Workers’ Compensation Law will permit all workers to file claims for mental injury premised upon extraordinary work-related stress. Governor Hochul signed the amendment under A5745 (the Amendment) reiterating New York state’s ongoing effort to support mental health in the workplace.Continue Reading New York amends workers’ compensation law to include mental injury

As we previously reported, effective January 1, 2025, New York employers will be required to provide employees with 20 hours of paid prenatal leave. Employees will be able to take such leave for prenatal healthcare service appointments during their pregnancy or related to their pregnancy.

New York State recently issued FAQ guidance explaining certain aspects of the new law. The guidance, among other things, clarifies that:Continue Reading New York issues FAQ guidance on upcoming paid prenatal leave

On August 28, 2024, New York State’s new law governing workplace-related contracts with freelancer workers – known as the Freelance Isn’t Free Act (FIFA) – will take effect. FIFA is designed to protect freelancers, i.e., independent contractors, from non-payment, late payment, and retaliation by hiring parties. It also imposes new requirements on hiring parties to provide written contracts, timely payment, and recordkeeping for freelance workers.

Background

In 2016, New York City enacted its own Freelance Isn’t Free Act, which was one of the first laws in the country to provide protections and remedies for freelance workers (and which we detailed here). The state law largely mirrors the city law, but with some key differences. For example, the state law excludes certain categories of workers from its coverages, including sales representatives, attorneys, licensed medical professionals, and construction contractors.Continue Reading How to prepare for New York State’s Freelance Isn’t Free Act

As we detailed in a recent Thomson Reuters article, wage transparency laws have become the latest trend in US workplace-related legislation. Such laws have, to date, been enacted in noteworthy locales such as California, Colorado and New York City. On December 21, 2022, New York State became the latest jurisdiction to adopt a wage transparency…

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

…

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