On Oct. 28, 2021, Gov. Hochul signed legislation that significantly expands the scope of New York Labor Law Section 740 (NYLL 740), the state’s “whistleblower” protection law covering all private sector employees. Most notably, beginning in January 2022, employees and independent contractors will be protected for reporting employer activity that they reasonably believe violates any law, regardless of whether the law relates to public safety or whether the activity was an actual violation.
On Nov. 1, 2021, Governor Kathy Hochul signed a bill into law amending the definition of family member for purposes of the New York Paid Family Leave Benefits Law (PFL) to include biological or adopted siblings, half-siblings and step-siblings. This amendment takes effect on Jan. 1, 2023. Currently, family members for purposes of PFL include a child, parent, grandparent, grandchild, spouse and domestic partner.
On Oct. 31, 2021, the NYS Commissioner of Health announced the further 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 Dec. 15, 2021.
Earlier this month, the New York Department of Labor (DOL) published Frequently Asked Questions (FAQs) regarding the legalization of recreational marijuana and its impact on the workplace.
The Marijuana Regulation and Taxation Act (MRTA), which legalized the recreational use of marijuana for individuals over the age of 21 in New York, was passed in March 2021. The MRTA amended Labor Law § 201-d, to specify that the recreational use or consumption of marijuana outside of work hours and off an employer’s premises, constitutes lawful recreational activity. Thus, subject to limited exceptions, most employees cannot be disciplined or discriminated against for using and/or consuming recreational marijuana. For more information on Labor Law § 201-d and the recognized exceptions, see our prior blog post, which is available here.
It is official–the NYS Commissioner of Health officially posted the 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 October 31, 2021.
Under the New York State Minimum Wage Act, minimum wage rates in New York increase each year on December 31 until reaching $15.00 per hour. In New York City and for large fast-food companies throughout the state, the minimum wage has already reached its $15.00 maximum.
The federal District Court for the Northern District of New York issued a temporary restraining order (TRO) on Sept. 14, 2021, enjoining New York State officials from enforcing emergency regulations imposing a vaccination mandate for certain healthcare workers to the extent that the regulations do not allow for a religious exemption to the mandate. The TRO is available here. As reported here previously, the emergency regulations, which were issued on August 26 by the Public Health and Health Planning Council under the New York State Public Health Law, apply to hospitals, nursing home and home health agencies, among other entities. The emergency regulations were notable for not including provisions for a religious exemption or any test out provisions. The court’s TRO places the lack of a religious exemption provision on hold, pending the outcome of the proceeding.
New York employers are presently “activating” their HERO Act plans, after the New York State Department of Health (DOH) officially designated COVID-19 as a “highly contagious communicable disease that poses risk to the public health.”
On Sept. 6, 2021, Gov. Kathy Hochul directed the NYS Commissioner of Health to designate COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health. The designation is official and available on the NYS Department of Health (NYSDOH) website.
Effective Aug. 26, 2021, New York State now requires all employers of health care workers working within the state to ensure that their personnel have received a full COVID-19 vaccination. The definition of “personnel” contained in the new regulation is expansive, including employees, students, volunteers and any other affiliates of the organization who “engage in such activities such that if they were infected with COVID-19, they could potentially expose other covered personnel, patients or residents to the disease.”
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.
