On Thursday, May 5, 2022, Labor & Employment Member Joseph S. Brown was featured in Buffalo Business First regarding the employee monitoring law that is taking effect this week in New York State.

In November 2021, New York Governor Kathy Hochul signed legislation amending the state civil rights law to add a new provision requiring private employers with a place of business in New York who engage in electronic monitoring to notify workers of electronic monitoring of telephone, email, and internet access and usage. This law goes into effect on May 7, 2022.

Labor & Employment attorney Joseph S. Brown provides an update on the OSHA COVID-19 mandate and what this means for New York private employers with one hundred or more employees. 

Employers have been complying with New York State’s Paid Family Leave Act (“PFL”) since 2018.  PFL mandates time off for employees to care for family members with serious health conditions, among other reasons.  Last month, Governor Hochul enacted an amendment to PFL, to expand the definition of covered family members. Labor and Employment attorney Katherine L. Wood expands on this.

On November 4, 2021, the U.S. Occupational Safety and Health Administration (“OSHA”) issued a new Emergency Temporary Standard (“ETS”) “intended to establish minimum vaccination, vaccination verification, face covering, and testing requirements to address the grave danger of COVID-19 in the workplace.” 

Employment and Business litigator Joseph S. Brown provides an overview of the basics of the ETS, an update on legal challenges to the rule, and what employers can do now to prepare.

Attorney Joe Brown summarizes the key takeaways from the recent FAQ document released by the New York State Department of Labor on cannabis and the workplace.  

New guidance released by the Equal Employment Opportunity Commission (“EEOC”) on October 13, 2021, discusses vaccine mandates and employer incentives for vaccination.  The new guidance also discusses employer requests for vaccine confirmation and confidentiality of employees’ vaccine information. Attorney Katherine L. Wood advises on this guidance.

The Commissioner of Health has extended the designation of COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health under the New York Health and Essential Rights (“HERO”) Act until October 31, 2021. The New York State Department of Labor released updated Information & FAQs on the HERO Act and updated the Model Airborne Infectious Disease Exposure Prevention Plan.  This alert summarizes these recent developments.

Labor and Employment Member Joseph S. Brown, Esq. was featured in an interview with Buffalo Business First for his input on various labor employment law scenarios related to mental health in the workplace.

Determining whether to grant a particular accommodation under the Americans with Disabilities Act (“ADA”) can be a tricky area for employers to navigate.  Adding COVID-19 considerations to the discussion has complicated matters even further.  Labor and employment attorney Katherine L. Wood examines a recent lawsuit filed by the Equal Employment Opportunity Commission (“EEOC”) that should be taken into consideration when analyzing whether to grant or deny telework accommodations.

On September 9, 2021, the White House issued Path Out of the Pandemic: President Biden’s COVID-19 Action Plan.  The Plan sets forth a six-pronged approach aimed at reducing “the number of unvaccinated Americans by using regulatory powers and other actions to substantially increase the number of Americans covered by vaccination requirements.” Attorney Joseph Brown discusses how this plan may affect employers in the coming weeks.

Labor & Employment attorney Joseph S. Brown offers insight on what New York employers need to know about implementing their workplace safety plans.

Hurwitz & Fine Labor and Employement Chair Ann E. Evanko and Law Clerk Evan Gestwick were recently published in Mondaq, a syndication platform that provides content and insights from professional service firms.

Most people with COVID-19 get better within weeks, however, some people continue to experience symptoms that can last months after first being infected, or may have new or recurring symptoms at a later time. Attorney Joseph Brown discusses how "Long Covid" may affect disability claims and what it means for employers.

Due to concerns over the Delta variant of COVID-19, the CDC has reversed its prior guidance, now stating that fully vaccinated individuals should wear masks when indoors in COVID-19 hot spots.  Previous CDC guidance stated that fully vaccinated individuals no longer had to wear masks in public places.  Employers should be aware of this changing landscape, as workplace safety implications are likely to arise as CDC guidance changes.

Attorney Joseph S. Brown explains what President Biden's July 9, 2021 Executive Order means for New York employers with non-compete agreements.

In May, New York State passed the New York Health and Essential Rights (“HERO”) Act, which took effect on June 4, 2021.  The HERO Act imposes many workplace safety requirements on employers with the aim of preventing the spread of COVID-19 and other airborne diseases. 

Labor & Employment Attorney Joseph S. Brown answers five commonly asked questions about COVID-19 vaccination policies.

Despite the recent lifting of mask mandates for vaccinated people across the state, New York has imposed a new COVID safety law, which employers should be aware of.  The new law, the New York Health and Essential Rights (“HERO”) Act, was passed in early May and goes into effect on June 4, 2021. 

As sexual harassment claims have continued to rise and be brought to light in the the media, now is a good time to revisit your compliance program on sexual harassment prevention. Attorney Ann E. Evanko explains how.