Labor Relations

New York State Adopts the CDC’s COVID-19 Quarantine and Isolation Guidance

September 22, 2022

By Hannah K. Redmond and Jared A. Joyce

On Sept. 14, 2022, the New York State Department of Health (NYSDOH) issued updated COVID-19 quarantine and isolation guidance, which effectively replaces the guidance from May 31, 2022. According to the September 14 guidance, the NYSDOH will now follow the Centers for Disease Control and Prevention’s (CDC) guidelines on quarantine and isolation.

Read More >> New York State Adopts the CDC’s COVID-19 Quarantine and Isolation Guidance

NLRB Proposes New Rule That Would Expand the Scope of Joint Employment

September 12, 2022

By Gianelle M. Duby

On Sept. 6, 2022, the National Labor Relations Board (Board) released a Notice of Proposed Rulemaking that would revise the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The proposed standard would rescind and replace the joint-employer rule that has been in effect since April 27, 2020.

Read More >> NLRB Proposes New Rule That Would Expand the Scope of Joint Employment

Initial Health Care Worker Bonus Requires Filing by September 2

August 16, 2022

By Thomas G. Eron and Catherine A. Graziose

On August 3, 2022, Gov. Kathy Hochul announced the Health Care and Mental Hygiene Worker Bonus program, also known as the HWB program. Enacted in New York’s Fiscal Year 2023 budget, the program allocates $1.3 billion for the payment of recruitment and retention bonuses to certain health care and mental hygiene workers. The bonus program is part of the state’s efforts to increase New York’s health care workforce by 20% over the next five years as a response to the staffing crisis seen during the COVID-19 pandemic. 

Read More >> Initial Health Care Worker Bonus Requires Filing by September 2

NYS Launches Sexual Harassment Hotline

July 20, 2022

By Theresa E. Rusnak

On July 19, 2022, Gov. Kathy Hochul announced the launch of a statewide hotline for employees who believe they have been sexually harassed in the workplace. This announcement follows several pieces of legislation1 passed in March 2022, in which sexual harassment protections for employees were expanded. As part of the legislation, the New York State Division of Human Rights was directed to establish a toll-free, confidential hotline for complainants of workplace sexual harassment. Employees can call the hotline and receive advice on their legal rights as applied to their specific circumstances from attorneys, who staff the hotline pro bono. As of July 20, 2022, the hotline is operational from 9 a.m. to 5 p.m., and can be reached at 1-800-HARASS-3 (1-800-427-2773).

Read More >> NYS Launches Sexual Harassment Hotline

The Demise of Roe v. Wade: Employment and Benefits Considerations

July 15, 2022

By Thomas G. Eron, Nihla F. Sikkander, Daniel J. Nugent, and Anthony Levitskiy

On June 24, 2022, in Dobbs v. Jackson Women’s Health Org., 2022 WL 2276808 (June 24, 2022), the U.S. Supreme Court overruled Roe v. Wade 410 U.S. 113 (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey 505 U.S. 833 (1992) and held that (i) the U.S. Constitution does not confer a right to abortion and (ii) the authority to regulate abortion is held by the states. The statute at issue in Dobbs was Mississippi’s Gestational Age Act, which banned abortion after 15 weeks except in a medical emergency or in the case of severe fetal abnormality. Employers across the nation must now determine how to evaluate and respond to the far-reaching implications of this decision.

Read More >> The Demise of Roe v. Wade: Employment and Benefits Considerations

New York Passes Gun Legislation in Response to Supreme Court Decision Overturning Licensing Restrictions for Concealed Carry Permits

July 12, 2022

By Nicholas P. Jacobson

On June 23, 2022, in New York State Rifle & Pistol Association, Inc. v. Bruen, the U.S. Supreme Court held that New York’s requirements for obtaining permits for the concealed carry of a firearm were unconstitutional in a decision authored by Justice Clarence Thomas. Since 1911, New York has prohibited individuals from possessing a firearm without a license. 

Read More >> New York Passes Gun Legislation in Response to Supreme Court Decision Overturning Licensing Restrictions for Concealed Carry Permits

New York Wage Transparency Law Passes Both Houses

June 14, 2022

By Stephanie H. Fedorka and Camisha Parkins

On June 3, 2022, the New York State Legislature passed Senate Bill S9427/Assembly Bill A10477 (the Bill)—a new wage transparency law that would amend the New York Labor Law to add new Section 194-b. If enacted, the new law would require covered employers to disclose compensation or a range of compensation to applicants and employees upon issuing an employment opportunity for internal or public viewing, or upon employee request. The Bill is intended to enhance transparency around compensation and reducing any existing wage disparities among employees.

Read More >> New York Wage Transparency Law Passes Both Houses

New Guidance from U.S. DOL on FMLA Leave for Mental Health Conditions

June 6, 2022

In connection with Mental Health Awareness Month, the United States Department of Labor (USDOL) has sought to assist employers in better understanding how to comply with the Family Medical Leave Act (FMLA) as it relates to mental health conditions. Accordingly, on May 25, 2022, the USDOL issued new guidance (Guidance) and frequently asked questions (FAQs) on providing FMLA leave to employees to address their own mental health conditions or to care for a covered family member with a mental health condition.

Read More >> New Guidance from U.S. DOL on FMLA Leave for Mental Health Conditions

Appellate Division Holds Attorney General’s COVID-19 Retaliation Claims are Preempted by Federal Law

May 17, 2022

By Hannah K. Redmond

In February 2021, New York State Attorney General, Letitia James, filed a lawsuit against Amazon alleging that the retailer failed to sufficiently prioritize hygiene, sanitation and social distancing at its fulfillment center and delivery station in New York City.1 The Complaint also alleged that Amazon unlawfully terminated employees at those locations who complained about conditions they perceived to be unsafe.2 The Complaint asserted causes of action under various sections of the New York Labor Law (NYLL), including Sections 200, 215 and 740, all of which “relate to the obligations of New York businesses to adequately protect the health and safety of employees and to refrain from discrimination or retaliation against employees who complain about potential NYLL violations.”3

Read More >> Appellate Division Holds Attorney General’s COVID-19 Retaliation Claims are Preempted by Federal Law

OFCCP’s Pay Equity Directive Takes Aim at Federal Contractors 

April 22, 2022

By Monica C. Barrett and Christa Richer Cook

On March 15, 2022, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued a new directive addressing pay equity audits. The new Directive 2022-01 sets forth what OFCCP views as its apparent authority to obtain access to and review federal contractors’ pay equity audits that are conducted in connection with contractors’ compliance mandates. 

 

Read More >> OFCCP’s Pay Equity Directive Takes Aim at Federal Contractors