Author Archives: benfolkinshteyn

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”

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.

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”

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”