Photo of Kenneth Kirschner

[UPDATE: On March 12, 2021, Governor Cuomo signed the bills into law, providing for paid COVID-19 vaccination leave for New York employees, effective immediately.]

The New York State Legislature recently passed bills (Bill S2588A; A3354B) that would provide all public and private employees in New York with up to four hours of paid leave to obtain the COVID-19 vaccine. The legislation is expected to be signed by Governor Cuomo shortly.

The proposed law provides that the paid vaccination leave may not be charged against any other leave that the employee is entitled to, such as any paid sick leave or leave pursuant to any collectively bargained agreement. An employee will be entitled to up to four hours for each COVID-19 vaccination through December 31, 2022.
Continue Reading Paid vaccination leave coming to New York

The Consolidated Omnibus Budget Reconciliation Act (COBRA) permits employees and their dependents to extend health coverage under an employer’s group health plan when coverage would otherwise be lost due to termination of employment or other “qualifying events.” Under COBRA, employees must receive specific notices explaining their COBRA rights. In recent months, there has been an

As New York enters a new phase of the COVID-19 pandemic and New York businesses are beginning to reopen, New York is taking steps and providing tools to employers in an attempt to mitigate further spread of COVID-19.
Continue Reading Governor Cuomo’s Executive Order grants commercial building owners and retail store owners the ability to conduct temperature screenings

The coronavirus which causes the disease COVID-19 presents a plethora of challenging labor and employment issues for employers in the United States. As the virus spreads and experts’ understanding of it continues to evolve, employers find themselves asking what precautionary measures they can or should take in response to the outbreak and its risks, how to respond when problems arise, and what are the legal considerations surrounding these measures. Below is a summary of certain potential strategies for dealing with the coronavirus and key legal risks that employers should consider in making judgments and formulating their coronavirus response efforts.
Continue Reading Practical and legal labor and employment considerations for United States employers responding to the coronavirus

The State of New York recently issued draft guidance for employers regarding the anti-sexual harassment legislation passed earlier this year. As we previously reported, effective October 9, 2018, all New York employers must either adopt or create a policy that equals or exceeds the State’s model policy and training program. On August 23, 2018,

As we previously reported, New York City Mayor Bill de Blasio signed the “Stop Sexual Harassment in NYC Act” (the “Act”) into law earlier this year.  The New York City Commission on Human Rights (the “NYCCHR”) has now released additional guidance, including the mandatory fact sheet and notice referenced in the Act.

Effective September