On June 24, 2020, in response to the ongoing risk posed by a resurgence of COVID-19 infections in some states, New York Governor Andrew Cuomo issued Executive Order (EO) 205 directing the New York State Department of Health (NYSDOH) to issue a travel advisory for all persons entering New York
Articles About New York Labor And Employment Law.
New York Agencies Issue Guidance on COVID-19 Sick Leave for Health Care Workers
On June 25, 2020, the New York Department of Health (NY DOH) and the New York Department of Labor (NY DOL) issued new guidance, titled New York State Department of Health and New York State Department of Labor Guidance on Use of COVID-19 Sick Leave for Health Care Employers
Quarantine Quandaries – How NY, NJ and CT’s Quarantine Period May Impact Employers
New York, New Jersey, and Connecticut issued a joint incoming travel advisory, effective June 25, 2020, requiring all individuals—including Tristate Area residents—to self-quarantine for 14 days when arriving from an “impacted state.” The Joint Travel Advisory defines “impacted state” as a state having: (i) a positive COVID-19 test rate
New York Imposes New COVID-19 Standards on Dental Practices for Reopening
Following Governor Andrew Cuomo’s announcement that dental practices across New York State may reopen to perform all dental care, the New York State Department of Health (DOH) has issued minimum safety and social distancing standards in its “Interim Guidance for Dentistry During the COVID-19 Public Health Emergency.”
The Interim Guidance
NY Agencies Issue Joint Guidance on COVID-19 Paid Leave for Health Care Workers
On May 17, 2020, the New York Department of Health (NY DOH) and the New York Department of Labor (NY DOL) issued joint Guidance pertaining to an employer’s obligation under the New York State COVID-19 Sick Leave Law (“the Law”) to provide paid sick leave to “health care employees.”
A Return to Work Roadmap for New York Employers
After weeks or months of remote work or closed operations, businesses are understandably eager to resume normal operations and bring employees back to the workplace. Employers must be mindful, however, of currently proliferating federal, state and local requirements governing the return to onsite work regarding safety, accommodations, leaves of
An Unemployment Insurance Roadmap for New York Employers
During the current COVID-19 crisis, over one million New Yorkers have applied for unemployment insurance (UI) and New York State has paid out over $7 billion in benefits. Despite these numbers, many employers do not understand the ins and outs of UI. Because of the COVID-19 UI enhancements, UI
New York State Nursing Home, Adult Care Facility Staff Testing, Certification of COVID-19 Compliance
New York Governor Andrew Cuomo’s Executive Order No. 202.30 (EO 202.30) implements significant changes for nursing homes (NHs) and adult care facilities (ACFs) in the state, including the testing of all personnel for COVID-19 twice a week.
The changes include:
NHs and ACFs must test or arrange testing all
New York City Enacts Ban-the-Box Legislation
New York City has adopted an ordinance restricting when employer inquiries about applicants’ criminal histories may be made during the application process and imposing significant obligations on employers who intend to take action based on such information.
New York City Human Rights Law Ban On Pre-Employment Marijuana Testing Takes Effect
The New York City Commission on Human Rights issued a written reminder on May 8, 2020 that the law prohibiting pre-employment marijuana testing is effective on May 10, 2020. In addition, the Commission stated that it is finalizing rules that will expand the list of exceptions to the law. The
New York State Enacts State-Wide Paid Sick Leave Law
New York State has joined the growing list of states and localities (including New York City and Westchester County) mandating that employers provide paid sick leave to employees.
The new obligation is separate and distinct from the New York State Quarantine Leave Law enacted in response to COVID-19.
The statewide
Suffolk County, NY Enacts “Ban-the-Box” Law Restricting Use of Criminal History in Pre-Hire Process
Effective August 25, 2020, Suffolk County will join a growing number of New York jurisdictions, including New York City, Buffalo, Rochester, and Westchester County, in restricting the use of pre-employment inquiries into an applicant’s criminal conviction history, adding to the existing statewide requirements of Article 23-A of the New
New York Challenges FFCRA Leave Rules
On April 14, 2020, the State of New York filed a lawsuit against the U.S. Department of Labor challenging the DOL’s regulations, governing implementation of the Families First Coronavirus Response Act (FFCRA). The FFCRA requires private employers with fewer than […]
Suffolk County, New York, Follows ‘Ban the Box’ Trend
The Suffolk County, New York, Legislature has passed the “Fair Employment Screening Amendment” to the Suffolk County Code, prohibiting the County or any other employer having at least 15 employees from asking job applicants about their prior criminal convictions until after the first interview. The Amendment will go into effect on August 25, 2020, and will not apply retroactively.
Amendments to NYC Law Would Codify the ABC Test
Wrapped up in the New York City Council’s sweeping new legislative package, dubbed the “NYC Essential Workers Bill of Rights,” is Introductory Bill No. 1926 (Int. No. 1926). Int. No. 1926 would expand New York City’s Earned Sick and Safe Time Act (ESSTA) to cover many workers currently classified as independent contractors by introducing the so-called “ABC” test for determining who is an independent contractor and thus excluded from ESSTA coverage. The “ABC” test for determining independent contractor status is much more restrictive than the common law test traditionally used in New York, and therefore results in fewer workers being classified as contractors, and more classified as employees.
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