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.
The new year has already brought new compliance challenges to New York employers. Another one may be looming on the horizon. On January 6, 2021 a bi-partisan group of NY state legislators introduced A.B. 27, the Biometric Privacy Act. It is a virtual copy of the Illinois’ Biometric Information Privacy Act of 2008 (“BIPA”). Over the past dozen years since BIPA’s passage, Illinois has seen a slew of consumer and employee class actions alleging improper collection of biometric information by companies and employers. New York could be the next hot spot for these kinds of class action lawsuits.
On January 20, 2021, during the first 24 hours of the new presidency, President Biden issued two sweeping executive orders that are likely to have implications for employers – and maybe all Americans – in the future. These two orders represent a significant “reset” to the momentum of the prior administration in the area of diversity and discrimination, and set the tone for a new administration’s policies and laws.
On January 6, 2021, the U.S. Department of Labor (“DOL”) finalized a proposed rule clarifying the distinction between employees and independent contractors. The final rule was published in the Federal Register on January 7, 2021. It is slated to take effect on March 8, 2021. As we discussed on September 22, 2020, this new rule reaffirms andContinue reading “DOL Publishes Final Rule on Independent Contractor Test”