On April 28, 2010, the New York Department of Labor published emergency regulations intended to supplement New York Labor Law Section 167, which prohibits health care employers from mandating overtime for nurses, and stipulates the conditions under which exceptions to this rule may be made. The emergency regulations: (1) clarify circumstances under which various types of emergencies will allow health care employers to use mandatory overtime to cover nurse staffing needs; (2) set forth the minimum elements to be addressed in the required Nurse Coverage Plan; and (3) require that the Plan be posted and made available to the Commissioner, nursing staff and their employee representatives. The emergency regulations are set to expire on July 11, 2010, by which time the Department intends to have adopted the emergency rule as a permanent rule.
On December 15, 2009, the New York Department of Labor (NYDOL) extended the lifespan of its Emergency Rulemaking concerning the New York WARN Act through February 12, 2010. As addressed in prior eAuthorities, the NY WARN Act differs from the federal WARN Act in many key respects, such as requiring 90 rather than 60 days notice, applying to employers with 50 rather than 100 employees, and covering certain job losses of 25 or more employees, rather than 50 or more employees.
On July 2, Governor Chris Christie signed a bill (S1813) to reduce the unemployment insurance tax rates that will be imposed on employers during fiscal year 2011. The bill is designed to avert an automatic per employee increase up to $683 on July 1, 2010. Instead, the bill sets an increase of $130 per employee.
In its most recent COVIDView weekly update, the U.S. Centers for Disease Control and Prevention (CDC) reported that levels of COVID-19 “virus circulation and associated illnesses” have been rising nationally since September 2020. The CDC has also issued a “COVID-19 Alert,” noting that “COVID-19 cases, hospitalizations, and deaths across the United States are rising.” In the context of such rising cases and increased scientific knowledge about the virus, the CDC made significant changes to its critical infrastructure sector guidance on November 16, 2020. In the revised guidance, the CDC urges employers to allow exposed but asymptomatic critical infrastructure personnel to continue to work only as “a last resort and only in limited circumstances.” [Emphasis in original.]