On September 6, 2021, New York State Health Commissioner Howard Zucker designated COVID-19 as a highly contagious communicable disease. This designation sets into motion the operative requirements of the New York’s Health and Essential Rights Act (“HERO Act”). The Act, adopted in May of this year, required most New York employers to establish worksite exposureContinue reading “NYS Designates COVID-19 a Highly Contagious Communicable Disease: Now What?”
On August 11, 2021, our own Jennie Woltz had a great time time speaking with Jordana Rothschild MD, MPH, FACPM from Alpine Health and Dr. Juenara Washington from OneWall Communities about stress and the legal, employee relations as well as health risks in the work environment as employees go back to the office in person.Continue reading “Webinar – Easing back into the Workplace”
Biometric Identifier Information Law – The Four Questions: May commercial establishments collect biometric identifier information of customers? Yes, if they provide appropriate notice. May commercial establishments or financial institutions sell, share or exchange for anything of value biometric identifier information of customers? No, except with law enforcement agencies. Do security cameras fall under the law’sContinue reading “NYC’s Biometric Identifier Information Law: Prohibitions and Outstanding Questions”
On May 28, 2021, the EEOC issued new guidance regarding employer vaccination policies. Updating the previously issued Q&A, the new guidance addresses mandatory vaccinations, vaccine incentives and disability accommodation concerns. Working in tandem with the new EEOC guidance, OSHA has suspended the posting requirements for COVID-19 vaccination side effects experienced by vaccinated employees as aContinue reading “Mandating Employee Vaccinations & More: Key Takeaways from Recent Guidance”
On May 5, 2021, NY Governor Andrew Cuomo signed into law the New York Health and Essential Rights Act, commonly known as the HERO Act. The new law (1) requires the New York Department of Labor (“NYDOL”) to develop enforceable industry-specific minimum standards for the private employment sector in order to protect employees from definedContinue reading “The NY HERO Act: Untangled”
As predicted, on May 5, 2021 the Department of Labor announced the withdrawal of the Independent Contractor Rule which was made final on January 6, 2021 (“January 6 Rule”). The withdrawal became effective today (May 6, 2021) with its publication in the Federal Register. The January 6 Rule codified the approach of giving significant weightContinue reading “An Unsurprising IC Rule Withdrawal: More to Come?”
On March 31, 2021, Governor Cuomo signed the “Marihuana Regulation and Taxation Act” (“MRTA”). Among other things, this law legalizes adult recreational use of marijuana; it amends New York’s “off duty conduct” law to protect employees from discrimination based on marijuana use in some circumstances; and it immediately or potentially expunges some marijuana-related convictions. HereContinue reading “Three HR Practices We Predict Will be “Up in Smoke” Due to New York Marijuana Legislation”
Listen to our own Jennie Woltz discuss leave rights, paid leave, mental health + perinatal medical diagnoses from the legal lens, breastfeeding rights, and bereavement rights with Tara Campbell Lussier, CEO & Co-Founder of Arrow, a full-service parenting support consultancy for families, employers and healthcare organizations. We are extremely grateful to be invited by ArrowContinue reading “An Interview with Jennie Woltz of Woltz & Folkinshteyn, P.C. by Tara Campbell Lussier of Arrow”
On February 17, 2021, to assert legislative oversight over New York’s pandemic response, a proposed bill No. S04888 was introduced in the NY State Senate which seeks to revoke the extension of emergency powers granted to Cuomo related to the outbreak of COVID-19 early last year.
In the recent weeks, a number of important developments have taken place in the labor and employment field, including new COVID19-related quarantine and safety updates, a freeze of previously adopted DOL rules concerning independent contractors, and a resolution of an important case out of Massachusetts relating to enforcement of dress code violations in the workplace. Read on for some key takeaways and predictions.