New York Law

Appellate Division Stays Invalidation of Healthcare Vaccine Mandate

February 28, 2023

By Adam P. Mastroleo and Hannah K. Redmond

As covered in our previous blog post, in January 2023, Onondaga County Supreme Court Justice, Hon. Gerard J. Neri, struck down a regulation adopted by the New York State Department of Health (NYSDOH) – 10 N.Y.C.R.R. § 2.61 (the Regulation) – requiring covered healthcare entities to ensure that their “personnel” are “fully vaccinated” against COVID-19. The NYSDOH, the Commissioner of Health, Governor Hochul (collectively, Respondents) filed a Notice of Appeal, indicating their intention to appeal Judge Neri’s decision in its entirety. Shortly thereafter, on Jan. 27, 2023, Respondents moved for a stay of enforcement of Judge Neri’s Order during the pendency of their appeal.

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Update Regarding New York’s Healthcare Vaccine Mandate

January 31, 2023

By Adam P. Mastroleo and Hannah K. Redmond

On Jan. 13, 2023, Onondaga County Supreme Court Justice, Hon. Gerard J. Neri, struck down a regulation adopted by the New York State Department of Health (NYSDOH) – 10 N.Y.C.R.R. § 2.61 (the Regulation) – requiring covered healthcare entities to ensure that their “personnel” are “fully vaccinated” against COVID-19.[1] Judge Neri invalidated the Regulation on several grounds, holding that the NYSDOH exceeded its authority in implementing the Regulation and that the Regulation lacked a rational basis given the NYSDOH’s acknowledgement that the mandate does not prevent transmission.[2]

Read More >> Update Regarding New York’s Healthcare Vaccine Mandate

Governor Hochul Signs Warehouse Worker Protection Act Into Law

January 25, 2023

By Aarti Chandan, Mark A. Moldenhauer, James J. Rooney, and Thomas G. Eron

On Dec. 21, 2022, Gov. Kathy Hochul signed the Warehouse Worker Protection Act (WWPA), S.8922/A 10020, into law. This new legislation aims to protect warehouse distribution workers from undisclosed or unlawful work speed quotas and includes protections for workers who fail to meet these quotas. The law takes effect 60 days after its signing, i.e., Feb. 19, 2023.

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New York Releases Revised Sexual Harassment Prevention Model Policy for Public Comment

January 23, 2023

By Kristen E. Smith and Theresa E. Rusnak

On Jan. 12, 2023, the New York State Department of Labor (DOL), in consultation with the New York State Division of Human Rights, released a revised sexual harassment prevention model policy for public review and comment. The agencies collected public input regarding the policy revision in late 2022, and DOL is providing a 30-day comment period for feedback prior to the revision being finalized. The comment period will run through Feb. 11, 2023.

Read More >> New York Releases Revised Sexual Harassment Prevention Model Policy for Public Comment

New York’s Healthcare Vaccine Mandate Comes Under Fire . . . Again

January 17, 2023

By Adam P. Mastroleo and Hannah K. Redmond

In August 2021, the New York State Department of Health (NYSDOH) implemented an emergency regulation – 10 N.Y.C.R.R. § 2.61 (the Regulation) – requiring covered healthcare entities to ensure that their “personnel” are “fully vaccinated” against COVID-19. The NYSDOH Commissioner permanently adopted the regulation in June 2022. Commonly referred to as a COVID-19 vaccine mandate for healthcare workers, the Regulation has been the subject of several legal challenges in both state and federal courts.

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New York Amends Its Labor Law Restricting Mandatory Overtime for Nurses

January 9, 2023

By Sanjeeve K. DeSoyza and Rebecca J. LaPoint

On Dec. 30, 2022, Gov. Hochul signed a bill (A.286/S.1997) that amends New York Labor Law § 167. Originally enacted in 2009, Section 167 restricts “healthcare employers” from requiring nurses to work beyond their regularly scheduled hours, with four limited exceptions, where the overtime is during or due to:

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New York Expands Retaliatory Workplace Safeguards for Protected Leave

December 6, 2022

By Stephanie H. Fedorka and Jackson K. Somes

On Nov. 21, 2022 New York Governor Kathy Hochul signed a Bill A8092-B/S1958 into law that expands retaliatory workplace protections for employees. The newly signed law amends New York Labor Law (NYLL) Section 215 to prohibit an employer from punishing or disciplining an employee who takes time off work for a “lawful absence” protected by federal, state or local law.

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Additional Developments to New York’s Concealed Carry Improvement Act

November 22, 2022

By Nicholas P. Jacobson

On June 23, 2022, the U.S. Supreme Court struck down New York’s requirement that individuals demonstrate an individualized need for protection to obtain a permit allowing them to carry a firearm for self-defense outside their home or business. In response, on July 1, 2022, Gov. Kathy Hochul signed new legislation – the Concealed Carry Improvement Act (CCIA) – which modifies the requirements for obtaining a conceal and carry permit and prohibits the possession of firearms in areas deemed “sensitive” or “restricted.” Under the CCIA, places of employment and business constitute restricted areas in which the possession of firearms is only permitted with express permission from the property owner or lessee.

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Recreational Marijuana Use in the Workplace: An Update

October 31, 2022

By James M. Taglienti

Overview

In March of 2021, New York passed the Marijuana Regulation and Taxation Act (MRTA), which legalized the recreational use of cannabis for individuals over the age of 21. When passed, the MRTA amended Labor Law § 201-d to protect an employee’s right to use “consumable products,” which now includes cannabis. However, the employee’s right to use cannabis is protected only if the use is (1) outside of work hours; (2) off of the employer’s premises; and (3) without use of the employer’s equipment or other property.

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