The state of New York has not been immune to the fast-growing COVID-19 employment litigation case load. This should come as no surprise to businesses located here, given that New York has been one of the states hit hardest by the pandemic and typically has one of the most voluminous employment litigation dockets. According to the FP COVID-19 Employment Litigation Tracker, a total of 28 cases have been filed in New York state and federal courts as of July 22. The U.S. District Court for the Southern District of New York, which encompasses Manhattan, leads the pack with 11 cases in its district. What are the five most important lessons you can learn from this data?
Articles Discussing General Topics In New York Labor & Employment Law.
New York Court Enforces State Law Ban on Mandatory Arbitration of Discrimination Claims
For the first time, a New York State court judge has held that the mandatory arbitration provision in an employment agreement is null and void if it requires an employee to arbitrate claims of discrimination under state and local laws.1 The decision conflicts with two prior federal decisions from the
Fess Up or Pay Up: Travelers to New York From Restricted States Must Submit Report or Face Fines
Last month, New York, New Jersey and Connecticut issued a Joint Travel Advisory requiring all persons who enter the Tristate Area from states with significant COVID-19 transmission rates to quarantine for 14 days.
New York City Commission on Human Rights Issues Final Rule Regarding Exceptions to Ban on Pre-Employment Marijuana Tests
As discussed in our previous blog post, effective May 10, 2020, covered New York City employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. The law, however, contains exceptions to this general prohibition on preemployment testing and an employer may require
New York State Imposes Restrictions on Travelers Due to COVID-19 Resurgence
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
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
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 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 […]
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