New York Labor and Employment Law Report

On March 29, 2022, a federal court in Upstate New York permanently enjoined New York State from requiring employers to include a government-issued “notice” of workers’ rights and remedies in their employee handbooks regarding reproductive health decisions.

Read More >> Court Permanently Enjoins New York from Enforcing Employee Reproductive Rights Notice Provision

On April 1, 2022, New York’s Public Health Law § 2895-b regarding nursing home staffing levels went into effect. The law, initially meant to take effect on Jan. 1, 2022, was suspended by executive order in light of ongoing staffing shortages caused by the COVID-19 pandemic. On March 31, 2022, Gov. Hochul declined to extend the suspension. Nursing homes across New York must now comply with this law.

Read More >> New York’s Nursing Home Minimum Staffing Levels Law Takes Effect

In June 2020, New York repealed Civil Rights Law § 50-a and amended portions of the State’s Freedom of Information Law (FOIL), resulting in significant changes to the types of law enforcement records subject to public disclosure.

Read More >> As the Seasons Change, So Does New York’s Freedom of Information Law: The Application of NY’s FOIL to Law Enforcement Records

On March 16, 2022, Gov. Kathy Hochul signed three bills into law that effectively amend the New York Human Rights Law (HRL) to increase sexual harassment protections for employees in New York. Please see our prior blog post for a more thorough summary of these new laws.

Read More >> Update on Amendments Strengthening Protections for New York Employees

On March 18, 2022, the NYS Department of Labor updated its NY HERO Act website to confirm that the NYS Commissioner of Health’s designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” ended on March 17, 2022.

Read More >> NY HERO Act Designation of COVID-19 Ended

The New York legislature has passed significant legislation that would further expand sexual harassment protections for employees in New York. This suite of legislation is intended to ensure that all public and private employees are treated in a fair manner and have the necessary resources available to seek accountability from their employers. If signed by the governor, the legislation will ban “no-rehire” clauses in settlement agreements, extend the statute of limitations for workplace harassment and discrimination claims, explicitly extend applicability of the New York Human Rights Law (HRL) to public employees, provide protection from unlawful retaliation, create a confidential sexual harassment hotline and enact the Let Survivors Speak Act. Each provision is discussed in turn below.

Read More >> New York Legislature Passes Significant Amendments to Strengthen Sexual Harassment Protections for Employees

On the evening of Feb. 9, 2022, the NYS Department of Labor updated its Model Airborne Infectious Disease Exposure Prevention Plans again. Earlier on the same day, New York Gov. Hochul announced an end to the statewide mask mandate (commonly referred to as the “vax-or-mask” rule), effective Feb. 10, 2022. 

Read More >> NYDOL Clarifies Face Covering Requirements Under NY HERO Act

On Dec. 22, 2021, New York published its final paid sick leave regulations. These regulations are identical to the proposed regulations, initially published on Dec. 9, 2020. New York Paid Sick Leave (PSL) requires employers to provide paid leave to employees relating to an employee’s or an employee’s family member’s medical needs, or for reasons relating to domestic violence and similar offenses. Since Jan. 1, 2021, employers have been required to provide this leave to all New York employees. 

Read More >> New York Publishes Final Paid Sick Leave Regulations

On Dec. 22, the New York State Department of Labor (NYSDOL) published long-awaited proposed regulations relating to the second half of the NY HERO Act relating to workplace safety committees. 

By way of brief background, on May 5, 2021 the state signed the NY HERO Act into law. The NY HERO Act added two new sections to the New York Labor Law: (1) New York Labor Law Section 218-b, regarding occupational exposure to airborne infectious disease, which created certain obligations for private employers and protections for employees, including the requirement to adopt an “airborne disease exposure prevention plan”; and (2) New York Labor Law Section 27-d, dealing with employee rights to form workplace safety committees. The first part of the NY HERO Act (NYLL 218-b) went into effect on July 4, 2021. The second part of the NY HERO Act (NYLL 27-d) went into effect on Nov. 1, 2021. 

Read More >> NYDOL Publishes Long-Awaited Proposed Regulations Relating to Workplace Safety Committees Under the NY HERO Act

On Dec. 15, 2021, the Acting NYS Commissioner of Health, Mary T. Bassett, M.D., M.P.H., announced the third extension of the designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” through Jan. 15, 2022.

Read More >> NY HERO Act COVID-19 Designation Extended A Third Time

Ever since the New York State Department of Labor (NYSDOL) announced an increase in the minimum wage from $12.50 per hour to $13.20 per hour in areas outside of New York City, Nassau, Suffolk and Westchester counties effective Dec. 31, 2021, we have been expecting a proportionate increase in the minimum weekly salary to qualify for the executive and administrative exemptions. For the last few years, the minimum weekly salary to qualify for the executive and administrative exemptions has been 75 times the minimum hourly wage. The NYSDOL has confirmed that this proportionate increase will occur effective on Dec. 31, 2021.

Read More >> The New York Minimum Salary Level to Qualify for the Executive and Administrative Exemptions Will Increase

On Nov. 8, 2021, New York Gov. Kathy Hochul signed a bill amending New York’s Civil Rights Law by adding a new section that requires employers to give prior written notice of any electronic monitoring to employees upon hire. The law takes effect on May 7, 2022. The law applies to all private sector employers in New York, regardless of the size of the employer. 

Read More >> New York Enacts Law Requiring Employers to Provide Notice of Electronic Monitoring