On January 20, 2021, the New York State Department of Labor issued guidance that expands employers’ obligations to provide paid leave under the NYS COVID-19 leave law.  Particularly, the new guidance addresses employer-mandated leaves related to COVID-19 and situations where an employee tests positive for COVID-19 multiple times.

As we usher in the new year, employers are faced with continuing challenges due to COVID-19 disruptions, remote working, uncertainty with COVID-19 vaccinations, new employment laws, and the increasing demands of a workplace under stress. While employers’ responses to these demands require more attention than ever, the foundation of strong employment practices will remain familiar in many ways and this framework will help you minimize your risk of being sued.

Labor & Employment Attorney Joseph S. Brown was featured in the Amherst Bee on January 13, 2021, discussing the upcoming Hurwitz & Fine webinar "Employment Litigation Update: A Review of 2020 and What's Ahead" in partnership with the Amherst Chamber of Commerce.

This alert summarizes the updated NYS guidelines and the implications for employers with respect to paid leave under NYS COVID-19 Paid Sick Leave and the federal Families First Coronavirus Response Act (FFCRA), which was not extended beyond December 31, 2020.

As we look forward to a widely available COVID-19 vaccine (and a potential return to normalcy), employers may be considering mandating that their employees get vaccinated.  However, there are important Americans with Disabilities Act (“ADA”), Title VII, and Genetic Information Non-Discrimination Act (“GINA”) implications that employers must consider.

With the prevalence of COVID-related layoffs and reductions in force this year, employers may have recently brushed up on their obligations under the New York State Worker Adjustment and Retraining Notification Act (“NYS WARN Act”).  However, employers should be aware that the state recently expanded employers’ notice obligations under the WARN Act.

Labor & Employment Attorney Joseph S. Brown spoke with Buffalo Business First on December 2, 2020 about fines businesses could face if they violate New York-mandated COVID-19 restrictions.

With Governor Andrew M. Cuomo recently stating that portions of Erie County were on track to go into the Red Zone, it is important to assess whether your business is considered “essential” under guidance issued by Empire State Development Corporation (ESD).  This alert provides a brief overview of the Cluster Action initiative and how to determine if a business is considered essential in the Red Zone. 

This article discusses the highlights of the new guidance and identifies areas where employers must still tread carefully as further clarification has not been provided.

On October 31st, NY Governor Cuomo announced the state would be scrapping the Travel Advisory List in favor of a testing-based approach that now allows a traveler to “test out” of the mandatory 14-day quarantine. 

Did your company adopt a COVID-19 leave policy after passage of the Families First Coronavirus Response Act (FFCRA)?  If so, now is a good time to revisit those policies after the U.S. Department of Labor (USDOL) revised its FFCRA regulations last month in response to a recent court decision.

Included in the annual state budget is an amendment to the New York State Election Law concerning employee voting leave, which employers should be aware of.  The new voting leave law is effective immediately.

Hurwitz & Fine was featured as a guest contributor to Step Out Buffalo Business's Business Blog on September 29, 2020.

New York Governor Cuomo recently issued Executive Order 205, which requires certain individuals to quarantine for 14 days upon arriving in New York if they are traveling from states with significant community spread of COVID-19

This alert summarizes some of the key differences between the office-based guidance issued on May 28 and the updated guidance on June 26.  Businesses should check the date at the top of the guidance to determine when it was last updated for their industry.

Attorney Katherine L. Wood was featured as a guest contributor to Step Out Buffalo Business's Business Blog on July 8, 2020.

The leader who recognizes the importance of conflict resolution is a leader who understands the value of building strength from within, but to do so, one needs to be aware and mindful of the conflict and the need to resolve it.

In Part 2 of this series, we will focus on the new EEOC guidance related to age, sex, and pregnancy discrimination issues that may arise as the result of the pandemic. 

With many regions now in Phase 3 of New York’s reopening plan, employers should be aware of potential claims they may not immediately view as COVID-19 related.

New York State Workers' Compensation Board (WCB) recently published a fact sheet—entitled COVID-19 & Workers’ Compensation Q&A—which suggests that many COVID-19 claims are likely to be approved.  The key take-aways from the fact sheet and best practices for employers are summarized in this alert.