New York's recently enacted Health & Essential Rights Act, otherwise called the HERO Act, has been modified.
As discussed in our earlier Alert, Governor Andrew Cuomo signed the HERO Act into law in early May. The law...more
With New York state adopting the CDC’s “Interim Public Health Recommendations for Fully Vaccinated People” on May 19, employers now have the option of easing restrictions related to COVID-19.
The guidance relaxes...more
On May 5, 2021, New York Governor Andrew Cuomo signed into law the “New York Health and Essential Rights” or “HERO” Act, adding new infectious disease prevention requirements for employers. The Act seeks to create enforceable...more
With New York's new Paid Sick Leave Law set to take hold on January 1, 2020, employers finalizing their leave policies should review additional guidance published by the N.Y. Department of Labor (DOL). Our earlier Legal Alert...more
Under an amendment to the New York Worker Adjustment and Retraining Notification (“WARN”) Act, employers in New York state carrying out certain large layoffs or site closings will have to provide advance notice to a broader...more
On the evening of Oct. 19, 2020, New York State released long-anticipated guidance on the state's new Paid Sick Leave Law, or "PSL." The new law is not limited to coronavirus-related situations. It is instead a new, permanent...more
Soon after the U.S. Department of Labor (“DOL”) issued its Families First Coronavirus Response Act (“FFCRA”) regulations in early April 2020, the State of New York filed a lawsuit against the DOL, challenging several...more
Several regions of New York state moved to Phase 4 of the state's reopening plan today, Friday June 26. Phase 4 is currently designated as the final phase of the state's reopening plan, though some industries remain unclear...more
Following publication of this Alert, Gov. Cuomo issued an Executive Order making an important change to employee leave rights related to voluntary travel to high-risk states.
The latest Executive Order issued by Governor...more
In an Executive Order issued late Friday night, Gov. Andrew Cuomo's office clarified that individuals who voluntarily travel to states with significant coronavirus spread will not be entitled to paid quarantine leave from...more
*Information in this Alert is current as of 4 p.m., June 10, 2020. The alert may be updated as New York clarifies reopening details.
New York State has published guidance for industries permitted to reopen in “Phase Three”...more
6/11/2020
/ Coronavirus/COVID-19 ,
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Re-Opening Guidelines ,
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Virus Testing ,
Workplace Safety
*Information in this Alert is current as of 3 p.m., May 29, 2020; the alert may be updated as New York clarifies reopening details.
In the early morning hours of Friday, May 29, New York State unveiled reopening guidance...more
Adding to an ever-expanding library of guidance for businesses amid the coronavirus pandemic, the Centers for Disease Control (CDC) has now published reopening guidance applicable to all employers with respect to employees at...more
Phase One of New York state's reopening is underway for several regions as of Friday May 15. Phase One covers businesses in the following industries:
Construction; -
Manufacturing; -
Agriculture, forestry, fishing, and...more
5/18/2020
/ Construction Industry ,
Coronavirus/COVID-19 ,
Fishing Industry ,
Forestry ,
Hunting ,
Manufacturing Employers ,
New York ,
Re-Opening Guidelines ,
Retailers ,
Wholesale ,
Workplace Safety
In the latest workplace measure aimed at controlling the spread of COVID-19, essential businesses and entities in New York State will be required to provide their employees with "face coverings" no later than 8 p.m. on...more
It might not be business as usual, but business in New York goes on even as the state grapples with the coronavirus pandemic.
New York State’s annual budget bill, signed by Gov. Cuomo on April 3, contains amendments to New...more
4/8/2020
/ Banks ,
Business Closures ,
Business Interruption ,
CARES Act ,
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Compliance ,
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Lending ,
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Medicaid ,
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New York ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief ,
Unemployment Insurance
New York State is expanding its Paid Family Leave program ("PFL") to cover situations where an employee's family member is diagnosed with COVID-19. The expansion was announced early Tuesday morning by the N.Y. Workers'...more
4/2/2020
/ Business Closures ,
CARES Act ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Loans ,
Financial Stimulus ,
Lenders ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Securities and Exchange Commission (SEC) ,
Small Business ,
State and Local Government ,
Tax Relief ,
Unemployment Insurance
**IMPORTANT: WORKFORCE REDUCTION MAY BE REQUIRED**
As reported in our earlier Legal Alert, New York’s Empire State Development Corporation (ESDC) released guidance late Thursday night on Governor Andrew Cuomo’s Executive...more
UPDATE: This Alert has been updated to include guidance on what businesses will be considered "essential" and exempt under Governor Cuomo's Executive Order mandating a 75 percent reduction in workforce. See the section below...more
MARCH 18 UPDATE:
Negotiations are continuing on a Federal relief bill. Updated reasons for leave under the Sick Leave Act are now:
1. the employee is subject to a Federal, State, or local quarantine or isolation...more
On February 26, 2020, the National Labor Relations Board (“NLRB”) released its long-anticipated rule that redefines the agency's test for determining whether businesses can be deemed "joint employers" for purposes of the...more
Lawmakers introduced and passed several bills in 2019 as part of an aggressive agenda to overhaul New York employment laws. Harris Beach attorneys Lindsey Zullo, Dan Palermo, Ibby Tariq and Taylor Ventre discuss a host of...more
1/9/2020
/ Amended Legislation ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Confidentiality Agreements ,
Employee Benefits ,
Employer Liability Issues ,
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Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Medical Leave ,
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Non-Disclosure Agreement ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Pay Discrimination ,
Pay Equity Laws ,
Salary/Wage History ,
Settlement ,
State Labor Laws ,
Voting Leave ,
Wage and Hour
A recently-enacted amendment to the New York Labor Law prohibits employers from discriminating against employees on the basis of employees’ or their dependents’ “reproductive health decision making.” The law took effect on...more
New York State’s frequently asked questions (FAQ) guidance on harassment prevention has been updated to reflect several recent amendments to workplace harassment law. While the guidance is tailored to address sexual...more
11/25/2019
/ Anti-Harassment Policies ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
New Guidance ,
Non-Disclosure Agreement ,
Notice Requirements ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
The legal updates keep coming for New York employers.
Under another recently signed amendment, victims of domestic violence will be entitled to expanded protections under the New York Human Rights Law. The amendment goes...more