New York Labor and Employment Law Report

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

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

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

Governor Andrew Cuomo issued Executive Order 202.6 late on March 18th.  Under the order, effective as of March 20th at 8 p.m., all businesses and not-for-profit entities are to use any telecommuting or work from home procedures that they can safely utilize to the maximum extent possible.  This order does not apply to government entities, municipalities and public schools.  This order requires every employer, unless exempted, to reduce its in-person workforce at any work locations by 50% by today, March 20th, at 8 p.m.

On March 19th, the Governor issued Executive Order 202.7.  This order requires every employer, unless exempted, to reduce its in-person workforce at any work locations by 75% by tomorrow, Saturday, March 21, at 8 p.m.

Read More >> New Executive Order Requires Reduction of In-Person Workforce by 75%

New York Governor Andrew Cuomo issued Executive Order 202.6 late on March 18.  Under the order, effective as of March 20 at 8 p.m., all businesses and not-for-profit entities are to use any telecommuting or work from home procedures that they can safely utilize to the maximum extent possible.

Most importantly, unless excepted, each employer is to reduce the in-person workforce at any work locations by 50% by tomorrow, Friday, March 20, at 8 p.m.

Read More >> Governor Cuomo Issues Executive Order 202.6 to Reduce In-Person Workforce by 50%

On February 6, 2020, Governor Andrew Cuomo signed an amendment to New York Labor Law § 592 that reduces the period of time that striking workers must wait before receiving unemployment insurance benefits.  The amendment took effect immediately.

Read More >> New York Reduces the Period of Time that Striking Workers Must Wait Before Receiving Unemployment Insurance Benefits

The New York State Department of Labor, after holding multiple hearings across the state regarding the impact of tip credits for employees covered by the Minimum Wage Order for Miscellaneous Industries and Occupations, issued a report recommending the elimination of the tip credit for all miscellaneous industry workers.  Governor Cuomo recently announced that this recommendation will be implemented in two phases.  Effective June 30, 2020, the tip credit will be cut in half.  Effective December 31, 2020, the tip credit will be eliminated entirely.  This will affect an estimated 70,000 employees, in occupations such as car wash attendants, nail and hair salon workers, tow truck drivers, dog groomers, wedding planners, tour guides, and valet parking attendants.  This will not affect employees covered by the Hospitality Industry Wage Order, such as service employees and food service workers in hotels and restaurants.

Read More >> Governor Cuomo Announces Plan to Eliminate Tip Credit for Employees Outside the Hospitality Industry

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, 2019.

Read More >> Reminder: New York Minimum Wage Rates and Salary Thresholds for the Executive and Administrative Exemptions Will Increase on December 31, 2019

On November 8, 2019, Governor Cuomo signed legislation that provides certain protections for employees based on “reproductive health decision making.”  Under the new legislation, which is codified in New York Labor Law Section 203-e, “reproductive health decision making” includes, but is not limited to, “the decision to use or access a particular drug, device or medical service" related to reproductive health.  Simply put, employers in New York cannot take adverse employment actions against employees based on decisions such as obtaining fertility-related medical procedures, using birth control drugs or contraceptive devices, or having an abortion.

Read More >> New Legislation Prohibits Employment Discrimination Based on Reproductive Health Decision Making

There are scarier things than lions, tigers, and bears facing New York State employers this Halloween.  Ghosts and goblins cannot compete with the following scenarios, which are more “trick” than “treat."

Read More >> Happy Halloween! Some Tips to Avoid Getting Spooked by New Employment Laws