On September 6, 2021, New York Governor Kathy Hochul announced that COVID-19 has been designated as a highly contagious communicable disease that presents a serious risk of harm to the public health under New York State’s...more
9/10/2021
/ Amended Legislation ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
New York ,
NYDOL ,
Occupational Exposure ,
Safety Standards ,
State and Local Government ,
Workplace Safety
As we previously reported, on May 5, 2021, Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“HERO Act” or the “Act”) into law. On July 6, 2021 the New York State Department of Labor (“NYSDOL”)...more
This week, both houses of the New York state legislature passed a package of amendments (the “Amendments”) to the New York Health and Essential Rights Act (“HERO Act” or the “Act”) designed to clarify, modify, and delay...more
6/15/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
New Amendments ,
New Legislation ,
New York ,
State Legislatures ,
Workplace Safety
On April 23, 2021, the New York state legislature delivered a copy of the Health and Essential Rights Act (the “HERO Act” or the “Act”) to Governor Andrew Cuomo for signature. The legislation was created as a response to...more
4/27/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
Masks ,
New Legislation ,
New York ,
NYDOL ,
Screening Procedures ,
Social Distancing ,
State and Local Government ,
Workplace Safety
As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting...more
9/22/2020
/ Consent ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Eligibility ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Health Care Providers ,
Healthcare Workers ,
Intermittent Leave ,
Paid Leave
On August 3, 2020, U.S. District Judge J. Paul Oetken issued a decision in State of New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 (S.D.N.Y. Aug. 3, 2020), which vacated several portions of the Department of...more
On March 18, 2020, Governor Cuomo signed an Executive Order (the “March 18 Order”) requiring all “non-essential” New York businesses to reduce their in-person workforce at any work location by 50%. On March 19, 2020,...more
3/23/2020
/ Business Closures ,
Business Interruption ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Essential Functions ,
Executive Orders ,
Governor Cuomo ,
Healthcare ,
Manufacturers ,
Operators of Essential Services ,
Retailers