We continue to see changing requirements related to COVID-19 workplace protocols. On June 15, 2021, New York State celebrated reaching 70 percent of its adult population having received at least one vaccination dose. As a result, the State lifted most of its New York Forward industry-specific COVID-19 guidelines—including social gathering limits, capacity restrictions, cleaning and disinfection, health screening, and gathering contact information for tracing—making them optional for most employers. The State has archived its industry-specific reopening guidance, which employers may, but are not required to, continue to follow.  However, employers should be aware that, as of this writing, Governor Andrew Cuomo’s office had not given any indication that Executive Order 202 (“E.O. 202”), which declared a state of emergency on March 7, 2020, would be lifted before July 5, 2021, which is the date to which the most recent continuation of E.O. 202 extends. The continuation of the state of emergency furthers the governor’s authority to issue directives related to the pandemic.

Every employer has heard of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), but those two laws can present a complicated interplay when an employee is injured on the job.  Each stage presented by a workplace injury — from the incident, to the recovery, to the return — requires employers to answer at least one key question, and an incorrect answer could give an employee grounds for a claim, so knowledge of the most common issues that arise is paramount.

It is that time of year when many employers begin to hire or consider hiring student interns for the summer.  Employers can make the mistake of assuming that simply because a person is given the title of “Intern” the individual does not have to be paid. That assumption can be a trap resulting in significant unpaid wage liability for an employer under federal and state law.  

Nearly eight years after the legislation was first introduced, on March 31, 2021, New York Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act (the “MRTA”) into law, making New York the most recent state to legalize recreational marijuana. The MRTA takes effect immediately, even though the sale of recreational-use marijuana is not expected to become legal for another year or two, as the state still needs to create a regulatory framework for the cannabis industry.

On May 5, 2021, Governor Cuomo officially signed the New York Health and Essential Rights Act (HERO Act) into law. The HERO Act effectively imposes significant obligations on covered employers to provide and maintain a safe workplace in the face of the ongoing COVID-19 pandemic, and for future airborne infectious disease outbreaks. The HERO Act amends the New York Labor Law by adding two new sections: (1) Section 218-b, which governs development and adoption of an airborne infectious disease prevention policy; and (2) Section 27-D, that requires employers to permit the creation of workplace safety committees. Both sections only apply to private sector employers. However, Section 27-D specifically only applies to private employers with at least 10 employees.