On September 6, 2021, New York state’s commissioner of health designated COVID-19 a highly contagious communicable disease that presents a serious risk of harm to the public health under New York state’s HERO Act (the Act)....more
Initial Compliance Required by August 5, 2021-
As we recently reported in prior alerts (see here and here), Gov. Andrew Cuomo signed the HERO Act (the Act) on May 5, 2021, requiring all New York employers to implement a...more
We are writing to update you on anticipated amendments and changes to the New York Hero Act (the “Act”). Recently, as we detailed here, New York enacted the Act requiring New York employers to implement certain safety...more
6/10/2021
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Occupational Exposure ,
Proposed Amendments ,
Risk Management ,
Safety Programs ,
State and Local Government ,
Workplace Safety
As of today, the answer to whether a business can lift its COVID-19 workplace restrictions is “maybe”, depending upon what federal, state, or local legal authority ultimately calls the shots on the issue. The good news is the...more
5/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Social Distancing ,
Vaccinations ,
Workplace Safety
On May 5, 2021, Gov. Andrew Cuomo signed the HERO Act (the Act) requiring all New York employers to implement certain safety standards and a written safety plan to protect against the further spread of COVID-19 and other...more
At long last, in a very challenging year, some good news is finally here: the FDA has granted emergency authorization for the use of a COVID-19 vaccine, and the process is now underway to distribute the vaccine to millions of...more
The only constant around the COVID-19 safety compliance rules is that they keep changing. Over the weekend, Gov. Andrew Cuomo announced a change to the travel restriction rules in New York, differentiating New York from the...more
Effective November 5, 2020, New Jersey employers are required to take additional safety precautions to protect their workforce from COVID-19. As a result of Executive Order 192, New Jersey employers will be required...more
As employers begin to require their employees to return to the workplace, they remain concerned about COVID-19-related litigation. Initially, many were concerned about an anticipated increase in lawsuits alleging that unsafe...more
10/21/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
Retaliation ,
Sick Leave ,
Sick Pay ,
Virus Testing ,
Wage and Hour ,
Whistleblowers ,
Workplace Safety
New York State is joining the ranks of a growing number of states that mandate employers to provide sick leave to their employees. At a minimum, New York employers will soon have to provide paid or unpaid sick leave as...more
As businesses begin to plan the reopening of their workplaces, there are many factors to consider. Before bringing employees back to work, employers are best advised to follow the guidelines and recommendations that the...more
As employers struggle with the poor economic conditions associated with the COVID-19 crisis, many are considering pay cuts. Naturally, in making this decision, many companies will consider what their peers are doing in order...more
Among the many issues employers are struggling with in the midst of the current COVID-19 crisis is the risk of harm to an essential employee who is compelled to report to work. While, of course, most employers are proactively...more
The novel coronavirus, COVID-19, has led to the most challenging economic times in recent memory. Entire industries have been forced to shut their doors, and the unfortunate but practical reality is that businesses will make...more