Ryan T. Biesenbach
Second Circuit Vacates Federal Injunction Concerning NY Healthcare Workers' Claim
On November 1, 2021, the United States Court of Appeals for the Second Circuit reversed the October 12, 2021 Order...
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Alina Nadir
Oct 25, 20212 min read
New Guidance States that NY Employers Can’t Test Employees for Marijuana Usage
The NY State Department of Labor issued new guidance regarding an employer’s ability to test an employee for marijuana.
Ryan T. Biesenbach
Oct 15, 20213 min read
NY Federal Court Upholds Healthcare Workers’ Claim for Religious Exemption on the COVID-19 Vaccine
Judge Hurd issued an Order preliminarily enjoining the DOH from undertaking actions concerning religious exemptions to the COVID-19 vaccine.
Paul F. Keneally
Sep 21, 20212 min read
NY Federal Court Allows Health Care Workers to Claim Religious Exemptions to COVID Vaccine, For Now.
On September 14, 2021, a temporary restraining order (“TRO”) was issued by the Honorable David N. Hurd United States District Court judge...
Alina Nadir
Sep 10, 20212 min read
Biden Announces New Measures for Employees in His Efforts to Increase Vaccination Rates
As COVID-19 cases continue to rise in the US, President Biden announced new measures in his fight to get more Americans vaccinated...
Ericka B. Elliott
Sep 10, 20212 min read
Governor Hochul Requires Employers to Activate HERO Act Safety Plans
On September 6, 2021, Governor Kathy Hochul announced that she would begin enforcing the NY HERO Act, which mandates extensive health ...
Ryan T. Biesenbach
Aug 19, 20214 min read
OSHA ISSUES UNCLEAR GUIDANCE TO EMPLOYERS ON MASKING FOR FULLY VACCINATED EMPLOYEES
OSHA updated its guidance, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace”
Paul F. Keneally
Aug 13, 20212 min read
Employers Continue to Face Tricky COVID Issues as Delta Variant Spreads
Many employers thought they were done grappling with COVID issues as the Summer of 2021 progressed, but that is now clearly not the case.
Ryan T. Biesenbach
Aug 11, 20212 min read
The Restoring Justice for Workers Act Brings Uncertainty
At its core, this bill seeks to overrule the 2018 U.S. Supreme Court decision in Epic Systems v. Lewis...
Paul F. Keneally
Jul 7, 20212 min read
HERO Act Airborne Infectious Disease Prevention Plan Materials Released
On July 6, 2021, and pursuant to the recently enacted New York State HERO Act, the New York State Department of Labor released...
Paul F. Keneally
Jun 16, 20212 min read
NYS & OSHA Update COVID Office Regulations
As expected, following recent changes in the Centers for Disease Control (“CDC”) general COVID guidance, and New York achieving its 70%...
Paul F. Keneally
May 24, 20212 min read
NO MORE MASKS!!! (For the most part)
Employers across New York State grappled late during the week with the State’s adoption of the CDC interim public health recommendations...
Jennifer A. Shoemaker
May 18, 20213 min read
The HERO Act Enforces New COVID-19 Workplace Health & Safety Standards
On May 5, 2021, Governor Cuomo signed into law the Health and Essential Rights Act (“HERO Act”), in response to COVID-19...
Paul F. Keneally
May 7, 20212 min read
Biden Withdraws Trump’s Proposed DOL Rule Defining an Independent Contractor
Independent contractors are not entitled to the protections of the federal Fair Labor Standards Act (“FLSA”) that employees...
Paul F. Keneally
Apr 9, 20212 min read
Marijuana is Legal Now in NYS – What are Employers to do?
New York has long prohibited any adverse action against employees or potential employees based on their legal activities, including the...
Paul F. Keneally
Mar 25, 20212 min read
COBRA Subsidy Provided by the American Rescue Plan Act of 2021
Recently passed by Congress and signed by President Biden, the American Rescue Plan Act of 2021 (ARPA) provides employees who are...
Jennifer A. Shoemaker
Mar 16, 20211 min read
New York Ends Quarantine Requirements for Domestic Travelers
As of April 1, New Yorkers and visitors to the State will no longer be required to quarantine after domestic travel. The New York State...
Paul F. Keneally
Mar 8, 20211 min read
New NY COVID-19 Travel Rule for Some Who Are Vaccinated Will Get Them Back to Work Sooner
Domestic travelers to New York from at least 24 hours out of state (New Yorkers or those who reside in another state) who have received...
Paul F. Keneally
Feb 5, 20212 min read
Unemployment Changes in New York: One Good for Employers, One Good for Claimants
On January 14, 2021, New York State Department of Labor Commissioner Roberta Reardon issued an Order Regarding Unemployment Experience ...
Paul F. Keneally
Jan 6, 20212 min read
Employment Law: What Employers Need to Know as 2021 Begins
In addition to the our post in late December, Mandating COVID-19 Vaccinations in the Workplace, there are other important laws and regula...
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