
The Intersection of NYS and Westchester County Sick and Safe Leave Laws-One Year Later
New York State’s paid sick leave law (“PSLL”), which went into effect on September 30, 2020, mandates the payment of both sick and safe time leave to employees effective January 1, 2021. Also included within the purview of the PSLL is the availability of paid leave for “safe time” which includes absences from work when an employee or his/her “family member” has been the victim of domestic...Read More
Extending The Eviction Moratorium and More: New Changes In Commercial Eviction Procedures in New York
Effective September 2, 2021, a new law extended New York’s moratorium on commercial and residential evictions to January 15, 2022, while also enacting several other significant measures of which all commercial landlords and managing agents should be aware. Read More
Employers’ Obligation to Implement Their Exposure Prevention Plans Triggered by Formal Designation of COVID-19 as a “Highly Contagious Communicable Disease” under NY’s HERO ACT
On September 6, 2021, New York Governor Kathy Hochul announced that the NYS Department of Health has designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” under New York’s HERO Act. This formal designation has immediate significance for all New York employers. Read More
New York’s Construction Industry Wage Theft Bill: Prime Contractors in New York Now Liable for Unpaid Wages Owed To Subcontractors’ Employees
On September 6, 2021, NY Governor Hochul signed into law the Construction Industry Wage Theft bill (S2766C), imposing joint and several liability on prime contractors for the wage and benefit claims of their subcontractors’ employees. Effective January 4, 2022, the new law covers claims for unpaid wages, benefits and wage supplements as defined by NY Labor Law § 198, and thus covers not only...Read More
Emergency Regulation on Mandatory Vaccinations for Health Facility Workers
The Public Health and Health Planning Council and the Commissioner of Health approved emergency regulations on August 26, 2021 to help combat the increasing circulation of the SARS-CoV-2 Delta variant. When filed, the new regulations will supersede the order announced August 16 by Governor Andrew M. Cuomo for hospital and nursing home workers, but without any religious exemption from the...Read More
Trademark Modernization Act Signed Into Law for Federal Trademark Owners in New York and Beyond
The United States Patent and Trademark Office signed the Trademark Modernization Act (“TMA”) into law last year, prompting future changes for federal trademark owners in New York state and nationally. The Act will formally be implemented on December 27th, 2021. Although the TMA offers trademark owners additional tools, it also expands trademark cancellation mechanisms that might cause some...Read More
How Biden’s Executive Order Could Impact Healthcare Law in New York
On July 9th President Biden signed an expansive executive order aimed at promoting competition in the American economy, prompting possible changes to healthcare laws in New York. This order established 72 initiatives involving more than a dozen federal agencies to tackle some of the most pressing competition problems in the US economy, with a specific focus on medical and pharmaceutical...Read More
New York’s Marijuana Legalization from the Perspective of DWI Attorneys
With Governor Cuomo recently signing the Marijuana Regulation and Taxation Act into law, many legal professionals speculate whether New York will see an increase in impaired driving arrests following the legalization of recreational marijuana. Although possession of a small amount of marijuana for recreational use in now legal, a person can still face criminal prosecution for operating a motor...Read More
NY HERO ACT INFECTIOUS DISEASE PREVENTION PLANS: WHAT ALL PRIVATE EMPLOYERS NEED TO KNOW
The New York Health and Essential Rights Act (HERO Act) was signed into law by Governor Andrew Cuomo on May 5, 2021. The HERO Act added two new sections to the New York Labor Law: Section 218-b, requiring all private employers to adopt airborne infectious disease prevention plans and standards; and Section 27-D, requiring private employers with 10 or more employees to allow the creation and...Read More
OSHA Issues Emergency Temporary Standard for Healthcare Employers
On June 21, 2021, the Occupational Safety and Health Administration (OSHA) adopted its COVID-19 Healthcare Emergency Temporary Standard (ETS). Employers providing health care services will be required to comply with new COVID-19 specific standards to protect their workforces. The ETS focuses on protections for unvaccinated or otherwise “at-risk” workers, who are described as those that “cannot...Read More
Legalization of Cannabis: What This Means for Employment Law in New York
Several years after legislation was first introduced, New York Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act into law on March 31st, 2021, making New York the state to have most recently legalized recreational marijuana use by individuals who are at least 21 years old. This act has been several years in the making, with medical cannabis use having been legalized in...Read More