New York Labor & Employment Law Blog

New York State Labor Law §  27-C (“Emergency Preparedness Law”) required that by April 1st all public employers adopt operational plans for public health emergencies (the “Emergency Operations Plans”) to adequately protect workers in the event of another state disaster emergency involving a communicable disease. Public employers that have not yet adopted an Emergency Operations Plan could be subject to New York State Department of Labor (NYSDOL) enforcement procedures. Who qualifies as a “Public…
Governor Cuomo recently announced the launch of the Excelsior Pass, a free, voluntary way to share your COVID-19 vaccination or negative test results. The hope is that such a Pass, colloquially referred to as a “vaccine passport”, will reduce the spread of COVID-19 as businesses across the State continue to reopen. Although businesses cannot require the Excelsior Pass per se, they are permitted to require some proof of a vaccine or negative testing before entry.…
Medical Marijuana Many companies have a drug free workplace policy which is intended to ensure a safe, healthful and productive working environment.  In order to assure that employees do not violate the drug free workplace policy some companies conduct pre-employment testing, as well as periodic and random testing.  What if an employee tests positive for marijuana? Marijuana is still considered a controlled substance under the Controlled Substances Act, Title II of the Comprehensive Drug Abuse…
One year ago, Congress enacted the Families First Coronavirus Response Act (FFCRA). Among other things, the FFCRA created paid leave programs under the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA).  In brief, EPSLA and EFMLEA required employers with fewer than 500 employees to provide varying amounts of paid leave to employees impacted by the COVID-19 pandemic. Employers who provided paid leave in accordance with these laws…
Beginning on July 4, 2021, fast food employees in New York City will be entitled to significant job security under local laws signed by Mayor DeBlasio in January of this year. Among other things, Law 2021/002 requires fast food employers to use progressive discipline before firing someone and prohibits them from terminating or substantially reducing the hours of fast food employees without just cause. Additionally, Law 2021/001 requires fast food employers conducting layoffs to have…
On March 12, 2021, Governor Cuomo signed a new law requiring public and private employers to provide paid leave for any employee receiving a COVID-19 vaccination. Under the new law, employers must provide their employees up to four hours (or, if greater, such time as an employee is entitled to receive pursuant  to  a collectively bargained agreement or as otherwise authorized by the employer) of paid time off per vaccine injection at their regular pay…
Before the new year, New York’s COVID-19 leave law received less attention than its federal counterparts, the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”). However, because paid leave under EPSLA and EFMLEA expired on December 31, 2020, New York’s law is now the subject of renewed attention. We blogged about the New York law when it was first enacted in March 2020. By way of background,…
Today’s Jaspan Schlesinger LLP Business Law Blog publication by partner Robert Londin is about protecting your privacy and information from “phishing” attacks. This subject is of general interest and important to all businesses and people which is why we are sharing with labor and employment blog readers as well. In these times of pandemic, many good people (like essential workers, first responders, and doers of random acts of kindness and charity) continue to help others.…
With Election Day rapidly approaching, New Yorkers are already making voting plans with an eye towards the long lines that await them at their local polling place.   To best ensure that they will be able to cast an in-person ballot on November 3rd — in what is being touted as the most important election of our lifetime (Newsflash: this same declaration is made every four years) –many voters will have to juggle work schedules, family…
New York City Mayor Bill DeBlasio has signed legislation extending the effective period of certain legal protections designed to support the City’s businesses and their employees during the pandemic. The first bill extends and expands the City’s paid safe and sick leave law to reach more workers. The other two bills extend protections for commercial tenants and hotel workers. Paid Safe and Sick Leave Effective September 30, 2020, Intro. 2032-A amends the City’s administrative code…