In 2022, New York state and New York City continued to enact critical labor and employment laws that directly affect businesses of all shapes and sizes. Employers should familiarize themselves with these new laws and update their policies to stay compliant.

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The New York Department of Health has circulated a revised advisory on return-to-work protocols for healthcare personnel after infection or exposure to COVID-19. The new protocols, dated Nov. 30, will supersede the department's earlier protocols, dated Feb. 4, and align New York with the current recommendations issued by the Centers for Disease Control and Prevention (CDC).

The department's advisory, which has been circulated to providers, but not yet posted to the department's COVID-19 Guidance Repository, includes protocols for returning to work, largely dependent on whether the healthcare facility is operating under conventional, contingency or crisis strategies to mitigate staffing shortages.

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New York Governor Kathy Hochul signed into law an amendment to the NY State Labor Law that will expand workplace protections for nursing employees, effective May 31, 2023. The new law builds upon already-existing requirements under the Labor Law to provide reasonable unpaid break time (or permit employees to use paid break time) to express milk in the workplace for up to three years following the birth of a child, and to “make reasonable efforts” to provide a room or other location, other than a restroom, to express milk in private.

Under the amended law, employers are required to provide break time to nursing employees “each time such employee has reasonable need to express breast milk” for up to three years following the birth of a child. In addition, upon request, employers are required to designate a room or other location (other than a restroom or toilet stall) which can be used by nursing employees to express breast milk. Such room or other location must be a place that is: (i) in close proximity to the employee’s work area; (ii) well lit; (iii) shielded from view; and (iv) free from intrusion from other persons in the workplace or the public. The room or other location must also provide, at a minimum, a chair, working surface, nearby access to clean running water and, if the workplace is supplied with electricity, an electrical outlet. If the workplace has access to a refrigerator, employees must be permitted to access the refrigerator for the purposes of storing expressed milk.

Employers will be required to provide notice to all employees as soon as practicable once a room or other location has been designated for use by employees to express breast milk. If the sole purpose or function of the room or other location is not dedicated for use by employees to express breast milk, it must be made available to such a nursing employee when needed and cannot be used for any other purpose or function while in use by a nursing employee.

If compliance with these requirements would impose an undue hardship on an employer “by causing significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer’s business,” the employer is required to make “reasonable efforts to provide a room or other location, other than a restroom or toilet stall, that is in close proximity to the work area where an employee can express breast milk in privacy.”

The law requires employers to maintain a written policy regarding the rights of nursing employees, including specifying the means by which a request may be submitted to an employer for a lactation room, and requiring the employer to respond to such request within a reasonable timeframe, not to exceed five business days. Employers are required to provide the policy to all employees upon hire, annually thereafter, and to employees upon return to work following the birth of a child.

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A New York City lawmaker is trying to ban most companies from firing workers without good reason, which could transform the balance of power between bosses and their employees.

Most US employees work “at-will,” allowing companies to legally terminate them for almost any reason, or for no reason at all. In contrast, under a bill being unveiled Wednesday, New York City employees’ jobs would be legally protected unless their boss could demonstrate misconduct, unsatisfactory performance or a genuine economic need to eliminate their position. Workers who believe they are terminated without “just cause” would be able to bring claims before city enforcers, arbitrators or state court judges.

NEW YORK -- It's the season of giving, but be wary of giving your family members COVID.

The virus is rebounding in five New York counties.

CBS2's Christina Fan has the recommendation from the Centers for Disease Control.

Streets are bustling, masks are off, and capacity limits are gone. It feels as if COVID has been eradicated, but numbers indicate it's very much still here.

"There are still variants going around. I know someone who has it right now," said Brooklyn resident Darryl Obee.

The CDC is recommending indoor mask-wearing in five New York counties in its latest COVID data tracker report.

The Bronx, Brooklyn, Queens, Nassau, Suffolk counties are all in the orange, with positivity rates between 7-10%.

There's good news, though.

"We are still seeing that most people who have had their vaccine are still having milder symptoms than those who have not," said Dr. Frederick Davis.

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What does 4 or more employees mean? For purposes of employer coverage, not all four employees have to work in the same location or even in New York City. Thus, an employer may have one employee working in New York City and still be covered by the law. “Employees” include owners and independent contractors. Employment agencies are also covered, regardless of size, but temporary staffing firms seeking applicants to join their pool of candidates are not.

What is considered an “advertisement”? An “advertisement” is a “written description of an available job, promotion, or transfer opportunity that is publicized to a pool of candidates,” and includes, without limitation, postings on internal bulletin boards, the Internet, and printed flyers as well as in newspapers. Importantly, there is no requirement for an employer to “advertise” an available job, promotion, or transfer opportunity. Accordingly, employers may hire, promote or transfer without such an advertisement.

Does the law apply to remote jobs? Yes. While the place of performance must be, at least in part, in New York City, performance could be in-person (e.g., at an office or client site) or remote (e.g., at home).

How specific does the advertised salary or hourly wage range need to be? Certain ranges will simply not comply with the law, such as “$15 per hour and up” or “maximum of $50,000 per year.” These ranges do not comply because they do not include a minimum and maximum salary or hourly wage. However, employers are permitted to post “ranges” such as “$15 per hour” or “$50,000 per year” if there is no flexibility in compensation. This is permissible because, in effect, the minimum and maximum salary or hourly wage are the same, and thus there is no “range” between the two. Further, the law does not prohibit employers from offering a job, promotion, or transfer opportunity outside of the disclosed range, but the range must still represent what the employer in good faith believed at the time of the posting it would pay for the position.

What is included as part of “salary”? Salary includes “the base annual or hourly rate of pay regardless of the frequency of payment,” but does not include other forms of compensation or benefits—for instance, paid time off, insurance and retirement benefits, bonuses, commissions, stock, etc.

What are the penalties or remedies for noncompliance? Although civil penalties are limited where an employer timely cures a violation, the NYCCHR still has authority to require an employer to engage in forms of affirmative relief, such as pay money damages to affected employees, amend an advertisement, and provide employees notice of their rights. Moreover, an uncured first violation may cost an employer up to $250,000.

(The Center Square) – Medical professionals have joined a coalition of businesses and local elected officials in calling for New York Gov. Kathy Hochul to veto a bill that would reform the state’s law for wrongful death litigation, which dates back more than 170 years.

Opposition to the bill has grown larger, with two prominent OBGYN’s saying they fear it could impact healthcare in the state.The doctors penned separate guest editorials in The Buffalo News and the Albany Times Union over the weekend, arguing liability insurance premiums could rise by as much as 45%. It would be a $60,000 annual increase for some New York OBGYN’s, if the governor signs Assembly Bill A6770/Senate Bill S74-A into law.

The bill would allow plaintiffs in wrongful death cases to sue for noneconomic losses. If signed into law, New York would join more than 40 states allowing people to seek financial compensation for emotional loss.

Proponents say the bill covers children, seniors, non-traditional families, and those whose households have little or no income. They say the current law only allows courts to measure an alleged victim’s worth by how much they made.However, Dr. Christine Herde, who chairs the American College of Obstetricians and Gynecologists, District II, said in The Buffalo News, the bill could threaten reproductive freedom in the state.

On November 21, 2022, Governor Kathy Hochul signed into law Senate Bill S1958A, which amends section 215 of the New York Labor Law (NYLL) to enhance protections for employees who take legally protected absences. Specifically, the amendment prohibits employers from “assessing any demerit, occurrence, any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action” based upon the use of “any legally protected absence pursuant to federal, local, or state law.” The law likewise makes it unlawful for employers to fire, threaten, or otherwise discriminate or retaliate against employees for their use of lawful absences. The law takes effect on February 19, 2023.

The New York State Department of Labor (NYSDOL) can issue civil penalties up to $10,000 for violations of section 215 and up to $20,000 for subsequent violations. The NYSDOL can also order reinstatement and award back pay, front pay, and liquidated damages. Individuals who bring suit in court for violations of the NYLL can also recover monetary damages, including, but not limited to, liquidated damages.

Employers may wish to review the above requirements to ensure their practices comply with the new obligations articulated in the law.

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Press release from governor.ny.gov

Governor Kathy Hochul signed legislation (S.6522A/A.7363A) to protect patients facing steep medical bills that can lead to wage garnishment or liens against their property.

"No one should face the threat of losing their home or falling into further debt after seeking medical care," Governor Hochul said. "I'm proud to sign legislation today that will end this harmful and predatory collection practice to help protect New Yorkers from these unfair penalties. With medical debt a burden for far too many, this is an important step to address this crucial issue."

Legislation (S.6522A/A.7363A) amends the civil practice law and rules to prohibit health care providers from placing home liens on an individual's primary residence or garnishing wages to collect on medical debt. Governor Hochul outlined her goals to protect New York's consumers and improve their financial health in her 2022 State of the State Address, which includes addressing medical debt and protecting consumers from abusive and punitive practices that lead to increased and undeserved financial pressure.

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By Bruce Sarchet and Joy Rosenquist on November 2, 2022

2022 is coming to a close, and the new year will be here before we know it. While many states, cities and counties seem to be willing to pass employment laws and regulations at any time, the first day of a new year is still the number one day for new employment laws to take effect. 2023 will be no exception.

Littler Workplace Policy Institute (WPI) has been tracking a host of new employment laws as they have been debated over the past few months. Below is WPI’s annual summary of some of the notable compliance obligations employers will soon be facing. As in the past, this article is not intended to be an exhaustive discussion of every single new employment and labor law. The article focuses on laws of “general application,” although a few industry-specific laws are mentioned. We also cover most large jurisdictions, but not all, and we do not discuss the host of new minimum wage laws, which are just around the corner.

So get ready—new labor and employment law compliance challenges are here to ring in the new year!

Click here to read about changes in NY.