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
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
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