New York State employers should be aware of a recent law aimed at protecting workers from COVID-19 and other airborne infectious diseases, the New York Health and Essential Rights Act (HERO Act), which imposes significant obligations on covered employers. Among other things, the HERO Act requires the New York State Department of Labor (NYSDOL) to
As part of the most recent New York State budget, Governor Andrew Cuomo signed into law a new mandatory paid sick leave program affecting all New York employers. Under the law, all New York employers will need to provide their employees with paid or unpaid sick leave (whether or not related to the COVID-19 pandemic)
It has been nearly one month since the “New York on PAUSE” Order was implemented to combat the effects of the COVID-19 pandemic. Yesterday, Governor Cuomo announced that the Order will be extended until May 15, 2020, requiring non-essential businesses across New York to remain closed for at least an additional month. With these ongoing
On Thursday, March 19, 2020, New York State enacted a law requiring that New York State employers provide job-protected time off (in some cases, paid time off) to employees who are affected by the novel coronavirus (COVID-19) in certain ways (the “NY COVID-19 Law”). The NY COVID-19 Law requires that, for each employee who is
Recently, New York State and New York City have continued the trend of enacting employee-friendly legislation and issuing broad enforcement guidance under their respective employment laws and regulations. New York State and New York City employers should be aware of the following recent developments from 2018 and early 2019, and should take action to review and update their practices and policies for compliance.
Federal and New York State laws already require employers to make reasonable efforts to provide a room other than a bathroom where a nursing employee can express breast milk in privacy. New York City recently passed two laws expanding those rights. Effective March 18, 2019, New York City employers will be subject to additional specific requirements regarding the lactation room that must be made available to nursing mothers. New York State law already requires that the lactation room be private, well-lit, and contain, at a minimum, a chair and small table, desk, counter, or other flat surface. The New York City law will require additional amenities in the lactation room, including an electrical outlet and nearby access to running water, and that the employer provide a refrigerator suitable for breast milk storage in reasonable proximity to the employee’s work area. Also effective March 18, 2019, New York City employers will be required to implement a written lactation room policy that meets specified requirements, and provide a copy of the policy to all employees upon hiring. The policy must include a statement that employees have the right to request a lactation room, and identify a process by which employees may make such request (which process must meet certain minimum requirements).
Effective October 15, 2018, New York City amended its Human Rights Law to require covered employers to engage in a “cooperative dialogue” with individuals who may be entitled to a reasonable accommodation related to religious beliefs, disability, pregnancy, childbirth or a related medical condition, or because the employee was a victim of domestic violence, sex offenses, or stalking. The law requires that covered employers follow certain procedures when they receive a request for an accommodation, or when they have notice that an individual may need an accommodation, including the following: