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On July 7, 2021, the New York Department of Labor (DOL) published the NY Hero Act airborne infectious disease exposure prevention standard (the Standard) and industry-specific model airborne infectious disease exposure prevention plans as required under the NY Hero Act (the Act). As we previously discussed, the Act requires New York employers to implement extensive new workplace health and safety protections in response to a “highly contagious communicable disease” as designated by the New York State Commissioner of Health (Designation). Notably and significantly, while the NY Department of Health continues to deal with COVID-19 and a risk still exists, the DOL clarified that there is no current Designation for COVID-19 by the Commissioner and therefore, no New York employer is required to put a plan in effect at this time due to COVID-19.
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Continue Reading NY DOL publishes Hero Act standards and prevention plans, but immediate implementation not necessary

As we previously discussed, on May 5, 2021, Governor Cuomo signed the NY Hero Act (the Act) into law, codifying health and safety protocols in response to the COVID-19 pandemic. On June 7, 2021, the New York State Legislature passed amendments (the Amendments) to the Act to address certain ambiguities, in particular regarding the logistics of complying with the Act’s terms. If the Amendments are signed by Governor Cuomo, as is expected, they will push back the effective date of the majority of provisions of the Act from June 4 to July 5, 2021, with the exception of the workplace safety committee provision, which will take effect November 1, 2021.
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Continue Reading New York set to amend the New York Hero Act

UPDATE:  On May 5th, 2021, Governor Cuomo signed the legislation into law.  The law will go into effect on June 4, 2021.

On April 21, 2021, both houses of the New York Legislature announced passage of the NY Hero Act, which will require employers to implement extensive new workplace health and safety protections in response to the COVID-19 pandemic. Governor Cuomo is expected to sign the Act into law in the coming weeks.

The NY Hero Act will go into effect 30 days after the Governor signs it into law. When it does, all New York employers, regardless of size, will need to take action to comply with the new obligations that this law will impose.

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Continue Reading New York set to require new workplace health and safety protections

The U.S. Occupational Safety and Health Administration (OSHA) has issued revised guidance in the form of three new Q&As on its website further clarifying when employers must inform OSHA if employees are hospitalized or die due to COVID-19.

By way of background, any on-the-job illness or injury that leads to hospitalization must be reported by…

A new D.C. emergency law titled “Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020” (Act), signed by the Mayor on August 13, 2020, requires all private employers and D.C. agencies to take measures to protect workers from COVID-19 transmission. The Act requires employers immediately to adopt and implement worker protection policies related…

Effective July 27, 2020, Virginia employers must comply with new COVID-19 workplace safety standards, known as the Emergency Temporary Standard (ETS). The ETS applies to all employers subject to the jurisdiction of the Virginia Occupational Safety and Health (VOSH) Program, which includes virtually all private and non-federal public employers in the…

After several weeks of discussion, the Virginia Safety and Health Codes Board (Board) on July 15, 2020 adopted the nation’s first workplace safety standards designed to establish requirements for employers to control, prevent, and mitigate the spread of COVID-19. At this time, the text of the Emergency Temporary Standard (ETS) has not been finalized; however,…

On May 6, 2020, Governor Newsom enacted executive order N-62-20 (the Order), substantially expanding the availability of workers compensation to employees that contract COVID-19.[1]

Under California’s existing workers’ compensation system, for an injury to be covered by workers’ compensation, the death, illness or injury must “arise out of employment” or occur “during the course of employment.”…
Continue Reading Workers’ compensation now presumptively applies to employee COVID-19 claims in California

Last week, New Jersey Governor Phil Murphy signed an amendment to the New Jersey WARN Act, dramatically expanding the Act’s reach.  Effective July 19, 2020, the amendment makes the Act one of the most stringent state WARN acts in the country.

Here are the key changes:

  1. WARN is now triggered by any termination of 50

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As sophisticated employers know, an employer must track and comply with developments not only in federal law, but also state and local law. This blog post details key changes in employment laws in the District of Columbia in 2019, as well as upcoming changes in 2020, including changes to paid family leave and minimum wages.…