New York Law

What the Legalization of Recreational Marijuana Means for New York Employers

April 1, 2021

Following in the footsteps of more than a dozen other states, on March 31, 2021, New York passed legislation legalizing the recreational use of marijuana for individuals over the age of 21.

The Marijuana Regulation and Taxation Act (the Act) legalizes the licensed cultivation and distribution, as well as the use and possession, of recreational marijuana in New York State. Though medical marijuana has been legal in New York since the Compassionate Care Act was passed in 2014, the Act significantly expands the lawful use of marijuana in the state. 

Read More >> What the Legalization of Recreational Marijuana Means for New York Employers

New York Officially Lifts Travel Quarantine Requirement for Domestic Travelers

April 1, 2021

By Adam P. Mastroleo

On April 1, 2021 the New York State Department of Health (NYSDOH) officially updated its Interim Guidance for Quarantine Restrictions on Travelers Arriving in New York State to remove the quarantine requirement for domestic travelers arriving in New York State from other U.S. States or territories. This updated guidance document has been anticipated since Governor Cuomo announced on March 11, 2021, that the domestic traveler quarantine requirement would be lifted on April 1. 

Read More >> New York Officially Lifts Travel Quarantine Requirement for Domestic Travelers

Enforceability of Non-Competes for Terminated Employees in New York is Dependent on Location Within the State

March 4, 2021

By Bradley A. Hoppe

A recent case from the Appellate Division, First Department – King v. Marsh & McLennan Agency, LLC, 2021 N.Y. Slip. Op. 00909 (1st Dept. Feb. 11, 2021) – serves as a reminder that, depending on where your business is located within the state of New York, a different rule applies for the enforceability of your employee non-competition and non-solicitation covenants in the event of a termination without cause.

Read More >> Enforceability of Non-Competes for Terminated Employees in New York is Dependent on Location Within the State

Reminder: New York Minimum Wage Rates and Salary Thresholds for the Executive and Administrative Exemptions Will Increase on December 31, 2020

December 11, 2020

By Subhash Viswanathan

Employers in New York will be required to comply with the new state minimum wage rates and the new state salary thresholds to qualify for the executive and administrative exemptions, effective December 31, 2020.

Read More >> Reminder: New York Minimum Wage Rates and Salary Thresholds for the Executive and Administrative Exemptions Will Increase on December 31, 2020

Employers with Employees in NYC Must Distribute Updated Earned Sick and Safe Time Notice Today

October 30, 2020

By Kerry W. Langan and Theresa E. Rusnak

On September 30, 2020, New York City’s amendments to the Earned Sick and Safe Time Act (ESSTA) became effective. The revisions changed ESSTA to be consistent with the New York Paid Sick Leave Law, and also added other requirements for employers. More information regarding the scope of these changes and their impact on employers can be found in our prior blog post.

Read More >> Employers with Employees in NYC Must Distribute Updated Earned Sick and Safe Time Notice Today

New Record-Keeping Requirements in New York, Including, Effective Today, Employee Sick Time

September 30, 2020

By Andrew D. Bobrek

This is a brief reminder that private sector employers in New York should take note of a new payroll record-keeping requirement, quietly tucked away in the state’s massive “budget” legislation.

More specifically, Section 195(4) of the New York Labor Law will be amended – effective today, September 30, 2020 – to require that an employer’s weekly “payroll records” must include the “amount of sick leave provided to each employee.” Notably, the amendment does not require employee pay stubs to include this same sick leave information.

Read More >> New Record-Keeping Requirements in New York, Including, Effective Today, Employee Sick Time

Calling All Public Employers: Time to Develop a Pandemic Operations Plan

September 22, 2020

By Christopher T. Kurtz and Jacqueline A. Giordano

This past Labor Day, Governor Cuomo signed legislation which requires all New York State public employers to adopt a plan for operations in the event of a declared public health emergency involving a communicable disease. The new legislation will constitute New York State Labor Law Section 27-c, and clearly serves as a political response to the effects of the sudden onset of the COVID-19 pandemic this past Spring. Such a plan must be finalized and published by April 1, 2021.

Read More >> Calling All Public Employers: Time to Develop a Pandemic Operations Plan

Police Reform in New York State

August 10, 2020

By Jacqueline A. Giordano and Christopher T. Kurtz

Following nationwide protests, federal, state and local lawmakers across the country have considered adopting legislation aimed at addressing racial inequalities in policing and modernizing longstanding police strategies, policies and procedures. In June 2020, the Governor of New York signed an executive order mandating police reform, and the New York Legislature correspondingly passed a series of laws which will have a significant impact on police operations throughout the State – ranging from small, local police departments to large, regional agencies.

On June 12, 2020, New York Governor Andrew Cuomo signed Executive Order 203 (the Order), entitled New York State Police Reform and Reinvention Collaborative.  The Order requires every local government that has a police agency employing police officers (as defined under the Criminal Procedure Law § 1.20) to conduct a comprehensive review of its department’s force deployments, strategies, policies, procedures and practices. 

In addition, Executive Order 203 requires each local government to develop a plan to improve deployments, strategies, policies, procedures and practices of its police departments to address the particular needs of the community and promote community engagement to foster trust, fairness, legitimacy and address any racial bias and disproportionate policing of communities of color.

Read More >> Police Reform in New York State