On August 12, 2020, the United States Court of Appeals for the Second Circuit limited the scope of a nationwide injunction that had blocked the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) from implementing and enforcing the Inadmissibility on Public Charge Grounds final rule
Articles Discussing General Topics In New York Labor & Employment Law.
NYDFS Files First Enforcement Action Under Reg 500
On July 21, 2020, the New York Department of Financial Services (“DFS”) filed its first enforcement action under New York’s Cybersecurity Requirements for Financial Services Companies, 23 N.Y.C.R.R. Part 500 (“Reg 500”). Reg 500, which took effect in March 2017, imposes wide-ranging and rigorous requirements on subject organizations and their
Public Charge Rule Update: Court Limits Nationwide Injunction to Connecticut, New York, Vermont
On August 12, 2020, the U.S. Court of Appeals for the Second Circuit limited the nationwide injunction on the Department of Homeland Security’s Public Charge Rule to three states: Connecticut, New York, and Vermont.
Since August 14, 2019, exactly one year ago today, when DHS published the final version of
Suffolk County, NY Bans Hairstyle and Religious Garment Discrimination
Effective July 23, 2020, Suffolk County, New York amended its Human Rights Law to ban race and religious discrimination based on hairstyle, hair texture, and religious garments as components of “group identity” under the county’s Human Rights Law.
Travelers from New York Allowed into Trusted Traveler Programs Again
New Yorkers can once again register for Trusted Traveler Programs.
However, registrants should note that, due to COVID-19, Trusted Traveler Enrollment Centers are closed until at least September 8, 2020.
In early February 2020, the Department of Homeland Security (DHS) prohibited New Yorkers from registering or re-registering for Trusted Traveler
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
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