New York Labor and Employment Law Report

In April 2020, Governor Cuomo signed new laws which amend the Wage Theft Prevention Act (WTPA). First passed in 2011, and amended in 2014, the WTPA mandates that employers provide employees with notices at their time of hire containing pay information and include related pay information on employee pay stubs. The amendments add new requirements to the WTPA notices and pay stubs for employees on public work contracts throughout the state who receive prevailing wage supplements and for home care aides in New York City and Nassau, Suffolk and Westchester counties.

Read More >> Amendments to New York's Wage Theft Prevention Act Impose New Notice Requirements Regarding Prevailing Wage Supplements and Home Care Aide Benefits

On April 17, 2020, the Equal Employment Opportunity Commission (EEOC) issued updated guidance on COVID-19 in the workplace. The EEOC has been releasing information on the pandemic for employers since mid-March, and the most recent updates to the guidance primarily focus on how employers should accommodate employees during the pandemic as well as how to return individuals to work once the pandemic subsides.

Read More >> EEOC Issues New Guidance on COVID-19

The budget bill signed by Governor Cuomo on April 3, 2020, includes an amendment to the Labor Law that requires New York employers to provide sick leave to employees. The legislation becomes effective 180 days after it was enacted, which appears to be September 30, 2020.

Read More >> New York Enacts Paid Sick Leave Law

The budget legislation signed by Governor Cuomo on April 3 includes an amendment to the Election Law that reverts back to the pre-2019 law regarding employee time off to vote.

Read More >> New York Budget Legislation Includes an Amendment Reverting Back to the Old Voting Leave Law

On April 1, 2020, the Department of Labor (DOL) published the first regulations on the Families First Coronavirus Response Act (FFCRA). As a reminder, the FFRCA became effective on April 1 as well, and provides for Emergency Family and Medical Leave (EFMLA) and Emergency Paid Sick Leave (EPSL). Both laws apply to private employers with fewer than 500 employees, as well as some public employers. 

Read More >> Department of Labor Issues Temporary Regulations on the Families First Coronavirus Response Act

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)—a $2 trillion stimulus bill to respond to the coronavirus pandemic. The unemployment insurance portion of this act, known as the Relief for Workers Affected by Coronavirus Act, provides enhanced unemployment benefits including larger benefit amounts, availability for a longer period of time, and extended coverage for individuals who are not typically eligible for unemployment benefits, as outlined below.

Read More >> Unemployment Insurance Benefits Under the CARES Act

The Families First Coronavirus Response Act (FFCRA) provides paid sick leave and amends the Family and Medical Leave Act (FMLA) to include a new qualifying reason for leave related to COVID-19. However, the FFCRA permits employers to exempt “health care providers” and “emergency responders” from eligibility for these benefits.

Read More >> Federal Paid Sick Leave and Expansion of FMLA Benefits – Health Care Provider and Emergency Responder Exemptions

On March 18, 2020, the Families First Coronavirus Response Act (“FFCRA”) was enacted.  The statute left many questions regarding its implementation and administration unanswered.  Over the past several days, the U.S. Department of Labor (the “DOL”) has been publishing questions and answers addressing some of these unanswered questions.  Here is a summary of some of the key information provided by the DOL.

Read More >> U.S. Department of Labor Issues Questions and Answers Regarding the Families First Coronavirus Response Act

New York State recently published some answers to frequently asked questions regarding the COVID-19 paid sick leave law that was enacted last week.  The FAQs clarify some aspects of the law that were not clear from the text of the statute and give some insight into the manner in which the law will be interpreted and enforced.

Read More >> New York State Issues FAQs Regarding the New COVID-19 Paid Sick Leave Law

Last week, New York enacted new legislation regarding leave and other benefits for certain employees relating to COVID-19.  (The federal government also passed the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act, which we have covered in a prior blog post).  Unlike the federal laws, which take effect on April 2, the state law took effect immediately.  Here is a summary of what employees are entitled to receive under this new law.

Read More >> A Summary of New York's COVID-19 Leave Law

As part of the Families First Coronavirus Response Act, which was signed by President Trump on March 18, Congress enacted the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act.  Both of these enactments impose significant new obligations on employers.  Here is a summary of what employers need to know.

Read More >> The Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act: A Summary for Employers

In his daily press briefing, Governor Cuomo stated this morning that all non-essential businesses will be required to reduce their workplace staffs to zero.  He stated that this will be enforced.  Violations of the workplace reduction will result in civil fines and even mandatory closure for any business not in compliance.  NOTE:  ESSENTIAL SERVICES DO NOT HAVE TO BE REDUCED.

Read More >> COVID-19: Update from the Governor’s Press Conference Today