On October 19, 2021, NY Department of Labor issued guidance concerning New York’s “lawful off duty conduct law,” Section 201-D of New York Labor Law, in light of NY’s recent legalization of marijuana under the Marijuana Regulation and Taxation Act (“MRTA”). Generally, Section 201-D limits employers’ ability to take adverse action against employees who engageContinue reading “NY DOL Issues Guidance Regarding Recreational Marijuana”
Author Archives: benfolkinshteyn
Dr. A, et al. v. Hochul: Vaccine Mandate Must Allow for Religious Exemptions
While many courts have so far rejected vaccine mandate challenges, yesterday’s decision out of New York reverses that trend. Judge David Hurd of the Northern District of New York in Dr. A, et al. v. Hochul, 1:21-cv-01009-DNH-ML, issued a preliminary injunction yesterday, enjoining the NY Department of Health from enforcing the challenged emergency regulation §Continue reading “Dr. A, et al. v. Hochul: Vaccine Mandate Must Allow for Religious Exemptions”
Happy Birthday to Woltz & Folkinshteyn, P.C. We would like to thank all of our clients, followers and families for their support during our first year. We could not have done it without you! Check out this article about us in the October issue of The New Jewish Voice.
NYS Designates COVID-19 a Highly Contagious Communicable Disease: Now What?
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?”
Webinar – Easing back into the Workplace
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”
NYC’s Biometric Identifier Information Law: Prohibitions and Outstanding Questions
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”
Mandating Employee Vaccinations & More: Key Takeaways from Recent Guidance
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”
The NY HERO Act: Untangled
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”
An Unsurprising IC Rule Withdrawal: More to Come?
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?”
Three HR Practices We Predict Will be “Up in Smoke” Due to New York Marijuana Legislation
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”