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Construction Industry Coronavirus Guidance from NYC and OSHA

Construction workers received guidance on best practices in preventing the spread of novel coronavirus from New York City. The city has recognized that ordinary practices at construction sites – shared tools, huddled shift meetings and packed schedules with varied trade contractors – can present unique dangers at construction sites.

New York City Commission on Human Rights Proposes Rules Addressing Exceptions to Prohibition on Pre-Employment Marijuana Screening

On March 10, 2020, the New York City Commission on Human Rights (the “Commission”) proposed rules addressing exceptions recognized under the city’s ordinance generally prohibiting pre-employment testing for marijuana and tetrahydrocannabinols (THC)–the psychoactive ingredient in cannabis. The ban on pre-employment testing for marijuana and THC is slated to take effect on May 10, 2020. The Commission announced a notice of public hearing and opportunity to comment on the proposed rules. All comments must be submitted by April 16, 2020.

New York State Mandates Total Reduction of Onsite Workforces for Non-Essential Businesses, Guarantees Job Protection and Pay for Quarantined Workers

At a press conference on March 20, Gov. Andrew Cuomo indicated he will be issuing an order directing non-essential businesses to reduce in-person employees 100 percent

New York’s New Quarantine Leave Law

With federal and state legislation constantly evolving, and New York Governor Andrew Cuomo’s office issuing multiple executive orders, New York employers are struggling to understand their coronavirus (COVID-19) paid leave obligations. The key provisions of the state’s new Quarantine Leave Law, which went into effect immediately upon signing on March 18, are discussed below.

New York State Enacts Emergency Paid Sick Leave Law and Orders Employers to Reduce 100% of In-Person Nonessential Workers

On March 18, 2020, New York State Governor Andrew M. Cuomo signed a bill that guarantees emergency paid sick leave and job protections for individuals who have been quarantined as a result of the Coronavirus, or COVID-19. It does not include permanent paid sick leave, which the draft had included. The revised bill is effective immediately, making it critical that all employers are aware of its provisions and their obligations under the bill.

New York City Commission On Human Rights Proposes Exceptions To Prohibitions On Pre-Employment Marijuana Testing

The New York City Commission on Human Rights announced a notice of public hearing and opportunity to comment on a proposed rule providing exceptions to the prohibition on pre-employment marijuana testing that will take effect in the City on May 10, 2020. Comments on the proposed rule may be submitted in writing by April 16, 2020, or may be made at a public hearing held on April 16, 2020 at 22 Reade Street, New York, New York.

New York Governor Announces Agreement on Coronavirus Job Protection and Paid Sick Leave

On March 17, 2020, New York State Governor Andrew M. Cuomo announced an agreement with the state legislature on a bill guaranteeing unpaid and paid sick leave and job protection for individuals who have been quarantined as a result of the Coronavirus, or COVID-19.

New York SHIELD Act FAQs

Over the past few months, businesses across the country have been focused on the California Consumer Privacy Act (CCPA) which dramatically expands privacy rights for California residents and provides a strong incentive for businesses to implement reasonable safeguards to protect personal information.

Striking Workers in New York State Can Now Collect Unemployment Benefits After Only Two Weeks

Effective February 6, 2020, New York employees who are out of work due to a labor dispute, such as a strike, are eligible to collect unemployment benefits after a waiting period of only 14 days. Under existing law, which will not change, employees who are out of work as a result of a lockout or who are permanently replaced may be entitled to collect unemployment benefits even earlier.

New Mexico Prohibits Nondisclosure Agreements Related to Sexual Harassment, Discrimination, and Retaliation Claims

On March 4, 2020, New Mexico Governor Michelle Lujan Grisham signed into law House Bill 21, a bipartisan measure that limits the use of nondisclosure agreements (NDAs) in sexual misconduct cases. With the law’s enactment, New Mexico joins the growing number of states—including California, Illinois, New Jersey, New York, Oregon, and Washington—that restrict the use of confidentiality provisions in settlement agreements involving harassment and discrimination claims.
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