Insights Archive

New York HERO Act Alert: COVID-19 Designated as Highly Contagious Communicable Disease

On September 6, 2021, New York State Commissioner of Health Howard A. Zucker designated COVID-19 as “a highly contagious communicable disease that presents a serious risk of harm to the public health in New York State.” As a result of the commissioner’s designation, employers are required to activate their airborne infectious disease exposure prevention plans in accordance with the New York Health and Essential Rights Act (NY HERO Act).

Simone R.D. Francis St. Thomas
New York Author

The Aftermath of the Cuomo Investigation Report: Lessons for Employers

The New York attorney general’s August 3, 2021, report regarding the sexual harassment allegations brought against former New York governor Andrew Cuomo, “Report of Investigation Into Allegations of Sexual Harassment by Governor Andrew M. Cuomo,” contains extraordinary detail to support the conclusion that Cuomo “sexually harassed a number of current and former New York State employees.” Beyond noting the political consequences of the investigation, employers in New York and elsewhere may wish to consider utilizing these recent developments as an opportunity to reassess their workplace practices to minimize the likelihood of events occurring similar to those described in the report. Among the many potential action items and considerations, below are tips on training, education, and communication that employers may wish to explore as a result of the Cuomo report.

Simone R.D. Francis St. Thomas
New York Author

New York HERO Act: Exposure Prevention Standard and Model Plans Are Here

On May 5, 2021, New York State Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which “mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic.”

Simone R.D. Francis St. Thomas
New York Author

Jamie Haar New York Author

SCOTUS and Social Media: What Employers Can Learn from the Court’s Recent Ruling about a Student’s Posts

On June 23, 2021, the Supreme Court of the United States issued its decision in Mahanoy Area School District v. B.L., No. 20-255 (2021), holding that a student’s off-campus social media posts critical of her school constituted free expression protected by the First Amendment of the United States Constitution.

Simone R.D. Francis St. Thomas
New York Author

New York Governor Lifts COVID-19 Guidance and Signs Legislation Amending the HERO Act

On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which mandates workplace health and safety protections from any airborne infectious disease that the commissioner of health has designated as “a highly contagious communicable disease that presents a serious risk of harm to the public health.” On June 11, 2021, Governor Cuomo signed legislation to amend the NY HERO Act. The amendments extend the effective date of section 1 of the act, pertaining to the creation and adoption of airborne infectious disease plans. Pursuant to the amendment, section 1 will take effect on July 5, 2021. Section 2, which pertains to the establishment of workplace safety committees, will take effect on November 1, 2021.

Simone R.D. Francis St. Thomas
New York Author

The New York HERO Act’s Proposed Amendments: What Employers Need to Know

On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which mandates extensive new workplace health and safety protections for all airborne infectious diseases. This action was quickly followed by the New York State Assembly’s May 10, 2021, and the New York State Senate’s May 14, 2021, introduction of identical bills to amend certain provisions of the NY HERO Act.

Simone R.D. Francis St. Thomas
New York Author

Jamie Haar New York Author

The New York HERO Act: What Employers Need to Know

Echoing his mantra of building back better, on May 5, 2021, New York State Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic.

Melissa A. Bailey Washington D.C. Author

Simone R.D. Francis St. Thomas
New York Author

Jamie Haar New York Author

Race and Sex Stereotyping Executive Order Subject to Preliminary Injunction

Some anticipate that President-elect Joseph Biden will revoke the Trump administration’s Executive Order (EO) 13950 that restricts the content of certain diversity-related workplace trainings. On December 22, 2020, the United States District Court for the Northern District of California issued a nationwide preliminary injunction in the case of Santa Cruz Lesbian and Gay Community Center d/b/a The Diversity Center of Santa Cruz v. Trump, holding that the plaintiffs had demonstrated (among other things) a sufficient likelihood of success on their claims that EO 13950 is unconstitutional on its face. The order, which went into effect immediately and on a nationwide basis, allows private federal contractors and federal grant recipients to conduct workplace training programs and related activities without facing penalties for “stereotyping” or “scapegoating” under EO 13950. While the injunction does not impact trainings provided to federal employees, on December 22, 2020, a group of U.S. Department of Justice (DOJ) employees circulated a letter calling for an official investigation into EO 13950 and related executive branch actions targeting diversity-and-inclusion programs.

Simone R.D. Francis St. Thomas
New York Author

Bonnie S. Levine Atlanta Author

Lauren B. Hicks Atlanta
Indianapolis Author

New York State Publishes Proposed Paid Sick Leave Regulations

Earlier this year, New York State enacted a statewide paid sick leave (PSL) law, which took effect on September 30, 2020. Entitlement to use leave under the law begins on January 1, 2021, and, the New York State Department of Labor (NYSDOL) has published PSL guidance and answers to frequently asked questions (FAQs). In order to provide greater clarity concerning the requirements of the law, on December 9, 2020, the NYSDOL published proposed regulations.

Simone R.D. Francis St. Thomas
New York Author

Christina M. Schmid New York Author

Federal Court in New York Dismisses COVID-19 Workplace Safety Case

On November 1, 2020, the United States District Court for the Eastern District of New York in Palmer et al. v. Amazon.com Inc. et al., No. 20-cv-2468, 2020 WL 6388599, dismissed a lawsuit against Amazon alleging failures to comply with New York law and “New York Forward” minimum requirements for businesses.

Simone R.D. Francis St. Thomas
New York Author

Erik D. Mass New York Author

New York State Issues Guidance and FAQs for Paid Sick Leave Law

On April 3, 2020, New York State enacted a statewide paid sick leave (PSL) law impacting all private employers in New York. The law requires employers to provide up to 40 or 56 hours of annual sick leave (depending on their size and net income).

Daniel M. Bernstein New York Author

Simone R.D. Francis St. Thomas
New York Author

Jamie Haar New York Author

Aaron Warshaw New York Author

20 Tips for U.S. Virgin Islands Employers in 2020: Protections for Victims of Domestic Violence

Simone R.D. Francis St. Thomas
New York Author

20 Tips for U.S. Virgin Islands Employers in 2020: Navigating COVID-19 Inquiries and Disclosures

Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part 11 of this series addresses the laws relevant to navigating inquiries into and disclosures of information related to COVID-19 in the workplace.

Simone R.D. Francis St. Thomas
New York Author

EEOC Again Updates Its COVID-19 Disability Accommodation and EEO Guidance

As we previously reported, since the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has issued instructions, statements, and guidance to help employers navigate COVID-19’s workplace impact. On September 8, 2020, the EEOC updated its “Technical Assistance Questions and Answers,” which include updates relating to COVID-19 and the Americans with Disabilities Act (ADA) and other equal employment opportunity laws previously published in the agency’s “Technical Assistance Guidance on Disability Accommodation.”

Simone R.D. Francis St. Thomas
New York Author

Jeff S. Mayes Houston Author

20 Tips for U.S. Virgin Islands Employers in 2020: Compensating Hourly Employees for Regular and Overtime Hours

Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part 10 of this series addresses the laws relevant to tracking hours worked and compensating hourly employees for regular and overtime hours.

Simone R.D. Francis St. Thomas
New York Author

20 Tips for U.S. Virgin Islands Employers in 2020: Accommodating Disabled or High-Risk Employees During the COVID-19 Pandemic

Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part nine of this series addresses the laws relevant to accommodating disabled or high-risk employees in the workplace.

Simone R.D. Francis St. Thomas
New York Author

20 Tips for U.S. Virgin Islands Employers in 2020: Addressing COVID-19 Concerns When Employees Return From Vacation

Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part eight of this series addresses COVID-19 concerns that may arise when employees return to work from vacation.

Simone R.D. Francis St. Thomas
New York Author

20 Tips for U.S. Virgin Islands Employers in 2020: Updated COVID-19 Guidance for Restaurants, Bars, and Nightclubs; Travel Requirements; and Reinstatement of Plant Closing Act

Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part seven of this series addresses several provisions of U.S. Virgin Islands Governor Albert Bryan, Jr.’s July 1, 2020, ninth supplemental executive order extending the state of emergency due to COVID-19 that he initially declared on March 13, 2020.

Simone R.D. Francis St. Thomas
New York Author

20 Tips for U.S. Virgin Islands Employers in 2020: Consider the Implications of the Supreme Court’s Bostock Decision

Conducting business in the Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series will offer tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part six of this series addresses the Supreme Court of the United States’ Bostock decision.

Simone R.D. Francis St. Thomas
New York Author

20 Tips for U.S. Virgin Islands Employers in 2020: Workplace Rules and Disciplinary Actions

Conducting business in the Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part blog series will offer tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part five of this series addresses workplace rules, orders, and instructions.

Simone R.D. Francis St. Thomas
New York Author

20 Tips for U.S. Virgin Islands Employers in 2020: COVID-19 Guidance for Restaurants, Bars and Nightclubs

Simone R.D. Francis St. Thomas
New York Author

20 Tips for U.S. Virgin Islands Employers in 2020: Sexual Harassment Prevention Policies and Training

Conducting business in the Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part blog series will offer tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part three of this series addresses sexual harassment prevention policies and training.

Simone R.D. Francis St. Thomas
New York Author

20 Tips for U.S. Virgin Islands Employers in 2020: Required Employment Law Posters

Conducting business in the Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part blog series will offer tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part two of this series addresses required employment law posters.

Simone R.D. Francis St. Thomas
New York Author

Virgin Islands Governor Issues Safer-At-Home Order Enabling Certain Businesses to Resume Operations

On April 29, 2020, U.S. Virgin Islands Governor Albert Bryan Jr. issued an executive order lifting the territory-wide stay-at-home order effective May 4, 2020. The order—called the “Safer at Home” order—includes several provisions that impact businesses with operations in the Virgin Islands.

Simone R.D. Francis St. Thomas
New York Author

Virgin Islands Governor Extends Stay-At-Home Order and Suspends Plant Closing Act

On March 30, 2020, Governor of the U.S. Virgin Islands Albert Bryan Jr. issued an executive order extending both the previously declared State of Emergency through May 12, 2020, and the territory-wide “stay at home” order through April 30, 2020. The executive order includes several provisions that impact businesses with operations in the Virgin Islands.

Simone R.D. Francis St. Thomas
New York Author

New York State Publishes Guidance on Paid Quarantine Leave Law

On March 25, 2020, New York State published highly anticipated guidance concerning the state’s emergency paid quarantine leave law. The guidance provides answers to frequently asked questions (FAQs) addressing, among other things, benefits, eligibility, and the application process.

Daniel M. Bernstein New York Author

Simone R.D. Francis St. Thomas
New York Author

20 Tips for U.S. Virgin Islands Employers in 2020: Workers’ Compensation Insurance Update

Conducting business in the Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part blog series will offer tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part one of this series addresses workers’ compensation insurance.

Simone R.D. Francis St. Thomas
New York Author

New Requirements and Looming Deadlines in October 2019: What New York Employers Need to Know

As we previously reported this past summer, the New York State Senate and Assembly passed Senate Bill 6549, which amended Section 194 of the New York Labor Law to prohibit wage differentials based on any protected class. As we also reported, the State Senate and Assembly also passed an omnibus bill that overhauled New York’s antidiscrimination laws. Governor Andrew Cuomo signed these bills into law on July 10 and August 12, 2019, respectively. As a result, several new laws are slated to take effect in October 2019.

Simone R.D. Francis St. Thomas
New York Author

New York’s New Employment Discrimination Laws Are Here

As we previously reported, the New York State Senate and Assembly passed an omnibus bill that overhauls New York’s antidiscrimination laws and uproot precedent upon which employers have relied for decades in defending harassment claims.

Simone R.D. Francis St. Thomas
New York Author

Aaron Warshaw New York Author

New York Enacts Tougher Laws on Pay Equity and Salary History Inquiries

As we previously reported, the New York State Senate and Assembly recently passed Senate Bill 5248A and Senate Bill 6549. Governor Andrew Cuomo signed both bills, and both became law on July 10, 2019.

Simone R.D. Francis St. Thomas
New York Author

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