The New York State Department of Labor (NYSDOL) has issued a form of required notice regarding the dramatically expanded whistleblower protections under New York Labor Law § 740 that took effect last month....more
2/14/2022
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employee Rights ,
Employer Liability Issues ,
Labor Reform ,
New York ,
Notice Requirements ,
Regulatory Requirements ,
Retaliation ,
State Labor Laws ,
Whistleblower Protection Policies ,
Whistleblowers
Yesterday, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97....more
2/11/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
On February 9, 2022, Governor Kathy Hochul announced that the statewide indoor mask mandate will expire on February 10, 2022. Governor Hochul noted that while the statewide mandate has been lifted, counties, cities, and...more
The New York State Department of Health (NYSDOH) has made available on its website self-attesting quarantine and isolation forms that employees may use to demonstrate eligibility for the state’s COVID-19 quarantine leave law...more
***UPDATE: In a whiplash-inducing turn, on January 25, 2022, the New York State Appellate Division granted a stay of the Nassau County court’s decision pending determination of the State’s appeal. As such, the...more
On January 25, 2022, OSHA filed a notice withdrawing its Emergency Temporary Standard (“ETS”). The ETS had mandated that employers with 100 or more employees require all employees to be fully vaccinated against COVID-19 or to...more
1/26/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On January 22, 2022, New York City updated its quarantine and isolation guidance to align with the CDC’s recent shortening of both the recommended timeframe for isolation following a COVID-19 diagnosis for individuals...more
On December 27, 2021, the Center for Disease Control and Prevention (“CDC”) updated its guidance regarding quarantine and isolation periods for the general population after testing positive for or being exposed to...more
On December 22, 2021, the New York State Department of Labor (“NYDOL”) issued a proposed rule regarding workplace safety committees under the HERO Act. As we have previously reported, the HERO Act requires all employers in...more
12/23/2021
/ Coronavirus/COVID-19 ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Labor Reform ,
New York ,
NYDOL ,
Occupational Exposure ,
Oversight Committee ,
Popular ,
Proposed Rules ,
Public Hearing ,
Regulatory Agenda ,
Regulatory Requirements ,
Safety Standards ,
Workplace Safety
On December 17, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, dissolved the stay previously placed on OSHA’s Emergency Temporary Standard (“ETS”) by the Fifth Circuit. The ETS mandates employers with 100 or...more
12/20/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The New York City Council has approved a bill that would require NYC employers with four or more employees to include in job postings – including those for promotion or transfer opportunities – the minimum and maximum salary...more
On December 15, 2021, New York City released guidance on the private employer vaccine mandate set to take effect on Monday, December 27. As we previously reported, the mandate will require workers in New York City who perform...more
New York Governor Kathy Hochul has announced that, effective December 13, 2021, masks will be required to be worn in all indoor public places in New York State unless the business or venue requires proof of full vaccination...more
12/13/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Masks ,
New York ,
Personal Protective Equipment ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
Mayor Bill de Blasio has announced that New York City will become the first major city in the United States to mandate COVID-19 vaccination for private sector workers across industries. The mandate will take effect on...more
The Florida Department of Legal Affairs has issued an emergency rule and other additional guidance regarding the recently enacted House Bill HB-1B, which, among other things, requires private employers who mandate COVID-19...more
New York Governor Kathy Hocul has signed into law a bill that will require employers to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage. ...more
On November 4, 2021, OSHA released an “unpublished” version of its new Emergency Temporary Standard (“ETS”) mandating that employers with 100 or more employees require all employees get fully vaccinated against COVID-19 or be...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On October 31, 2021, the New York State Commissioner of Health continued the designation of COVID-19 as a “highly contagious communicable disease” pursuant to the HERO Act until December 15, 2021. This means that New York...more
New York Governor Kathy Hochul has signed into law a bill that will require certain private employers in the state to automatically enroll their employees in a state-administered retirement savings plan if the employer does...more
The New York State Department of Labor (“NYDOL”) has issued FAQ guidance addressing common questions regarding recreational cannabis use by employees in and outside of the workplace in light of the enactment earlier this year...more
10/27/2021
/ Cannabis Products ,
Decriminalization of Marijuana ,
Employee Rights ,
Employment Policies ,
Marijuana ,
Marijuana Regulation & Taxation Act (MRTA) ,
Medical Marijuana ,
New Guidance ,
New Legislation ,
Off-Duty Employees ,
Recreational Use ,
State Labor Laws
Texas Governor Greg Abbott has issued an Executive Order (GA-40) prohibiting the enforcement of COVID-19 vaccine mandates in Texas against employees and customers of private businesses who object on certain bases, including...more
Significant changes have arrived for paid medical, parental, and family care leave in Washington, D.C following the recent enactment of the Universal Paid Leave Emergency Amendment Act of 2021 (“PLEAA”). Effective October 1,...more
On September 23, 2021, New York State issued updated model airborne infectious disease exposure prevention plans for employer use pursuant to the HERO Act.
...more
On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Management Plans ,
Employer Liability Issues ,
Entertainment Venues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Popular ,
Vaccinations ,
Workplace Safety
On Monday, September 6, 2021, New York Governor Kathy Hochul announced that the Commissioner of Health has designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public...more