New York State Department of Labor

NY HERO Act – NYSDOL Publishes Airborne Infectious Disease Exposure Prevention Standards and Model Plans For Various Industries

July 7, 2021

By Stephanie H. Fedorka

On the evening of July 6, 2021, the NYS Department of Labor (DOL) published the long awaited “Airborne Infectious Disease Exposure Prevention Standard” (Standard), a general “Model Airborne Infectious Disease Exposure Prevention Plan,” and several industry specific model prevention plans as well. These are now available on the DOL’s website. The model plans are currently available in English, but the website states that they will also be available in Spanish soon, as required by statute. 

Read More >> NY HERO Act – NYSDOL Publishes Airborne Infectious Disease Exposure Prevention Standards and Model Plans For Various Industries

Technical Amendments to NY HERO Act Passed – What’s Next For Employers

June 14, 2021

By Stephanie H. Fedorka

As previously reported, the New York Health and Essential Rights Act (HERO Act) was signed into law by Gov. Andrew Cuomo on May 5, 2021. The governor announced that his approval was based on his having secured an “agreement” with the NYS Legislature to make certain “technical changes” to the bill. On May 26 the amendments passed in the NYS Senate, and on June 7, they passed in the NYS Assembly. On Friday, June 11, the bill was delivered to and signed by Governor Cuomo. 

Read More >> Technical Amendments to NY HERO Act Passed – What’s Next For Employers

Governor Cuomo Signs HERO Act Into Law

May 6, 2021

By Stephanie H. Fedorka

On May 5, 2021, Governor Cuomo officially signed the New York Health and Essential Rights Act (HERO Act) into law. The HERO Act effectively imposes significant obligations on covered employers to provide and maintain a safe workplace in the face of the ongoing COVID-19 pandemic, and for future airborne infectious disease outbreaks. As previously reported, the HERO Act amended the New York Labor Law by adding two new sections: (1) Section 218-b, which governs development and adoption of an airborne infectious disease prevention policy; and (2) Section 27-D, that requires employers to permit the creation of workplace safety committees. Both sections only apply to private sector employers. However, Section 27-D specifically only applies to private employers with at least 10 employees. 

Read More >> Governor Cuomo Signs HERO Act Into Law

New York State Legislature Passes HERO Act – Significant Workplace Health and Safety Obligations for Employers are on the Horizon

April 30, 2021

By Stephanie H. Fedorka

On April 20, 2021, the New York Legislature passed the “New York Health and Essential Rights Act” or “HERO Act.” To date, the bill has not been signed by the Governor, but we expect it to be executed in the near future. The bill, as written, would impose significant obligations on employers, regardless of size, in an effort to prevent exposure to airborne infectious diseases. 

Read More >> New York State Legislature Passes HERO Act – Significant Workplace Health and Safety Obligations for Employers are on the Horizon

New York Department of Labor Issues Guidance on Paid Leave for COVID-19 Vaccinations 

March 30, 2021

By Mary E. Aldridge

On March 12, 2021, Governor Cuomo signed a new law that grants paid leave to employees to get vaccinated for COVID-19. Under the statute, employees may take up to four hours of paid time off per vaccine injection. A link to our prior post discussing the statute is available here

Read More >> New York Department of Labor Issues Guidance on Paid Leave for COVID-19 Vaccinations 

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

Governor Cuomo Signs Amendment to the New York State Worker Adjustment and Retraining Act

November 17, 2020

By Mary E. Aldridge

Employers issuing notices pursuant to the New York State Worker Adjustment and Retraining Act (NY WARN) are now subject to additional requirements due to a statutory amendment that Gov. Cuomo signed into law on November 11, 2020. This amendment, which is effective immediately, expands the list of entities whom covered employers must notify prior to implementing a plant closing or mass layoff. The list now includes: (1) the chief elected official of the unit(s) of local government and the school district(s) in which the plant closing or mass layoff will occur; and (2) each locality which provides police, firefighting, emergency medical or ambulance services or other emergency services to the site of employment subject to the plant closing or mass layoff.

Read More >> Governor Cuomo Signs Amendment to the New York State Worker Adjustment and Retraining Act

NYC Amends Earned Sick and Safe Time Act

October 16, 2020

By Theresa E. Rusnak and Kerry W. Langan

On September 28, 2020, New York City Mayor Bill de Blasio signed a bill amending the Earned Sick and Safe Time Act (ESSTA). The amended ESSTA took effect on September 30, 2020. Although the intent of the amended law was to make ESSTA synchronous with the New York State Paid Sick Leave Law (NYSSL), the revisions also made significant changes to the law unrelated to the NYSSL. 

Read More >> NYC Amends Earned Sick and Safe Time Act

Reminder: The Tip Credit for Employees Outside the Hospitality Industry Has Been Cut in Half Effective Today

June 30, 2020

By Subhash Viswanathan

Last week, the New York State Department of Labor formally adopted an amendment to the Minimum Wage Order for Miscellaneous Industries and Occupations that cuts the tip credit for all miscellaneous industry workers in half effective June 30, 2020. The amendment also eliminates the tip credit completely for miscellaneous industry workers effective December 31, 2020. As we previously reported on this blog, the NYSDOL recommended the elimination of the tip credit for miscellaneous industry workers after holding multiple hearings across the state regarding the impact of tip credits and Gov. Cuomo announced in January that the NYSDOL's recommendation would be implemented in two phases.

Read More >> Reminder: The Tip Credit for Employees Outside the Hospitality Industry Has Been Cut in Half Effective Today