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.”
Articles About New York Labor And Employment Law.
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
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 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 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.
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 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.
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
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 […]
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.
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.
On April 19, 2020, the New York City Commissioner for Health and Mental Hygiene signed an Order to compel persons who self-identify as requiring mandatory isolation due to COVID-19 to isolate in their home or another appropriate location. The Order enables these individuals to qualify for immediate paid time off under the New York State’s COVID-19 Quarantine/Isolation Order Law (the “Law”). The Commissioner has released a series of Frequently Asked Questions, dated April 23, 2020, concerning the Order.
A New York state court denied summary judgment to an employer that terminated an employee for testing positive for marijuana, when the employee obtained a medical marijuana certification prior to the termination decision. Gordon v. Consolidated Edison, Inc., Index No. 152944/2019 (Sup. Ct. NY County Apr. 21, 2020).
On April 22, 2020, the New York City Council introduced a series of bills in response to the COVID-19 crisis that is ravaging the city. In addition to proposals in this legislative package affecting the real estate industry and small businesses, is a series of bills the Council has dubbed the “NYC Essential Workers Bill of Rights.” These bills would require premiums for non-salaried essential employees at large companies, prohibit firing essential workers without just cause, and mandate paid sick leave for gig workers. In particular, the “Just Cause Discharge from Employment” portion would immediately become one of the most radical and consequential pieces of employment legislation enacted in the 21st century, eliminating at-will employment for a large component of New York City’s workforce.
On April 19, 2020, the New York City Commission on Human Rights (the “Commission”) announced that it has formed a COVID-19 response team to handle reports of harassment and discrimination related to the coronavirus outbreak. The COVID-19 response team includes staff from the Commission’s Law Enforcement Bureau and Community Relations Bureau.