By Daniel I.Small and Robert S.Whitman
Seyfarth Synopsis: This week, Governor Hochul announced that she will lift the mask-or-vaccinate mandate for nearly all public places of business on February 10, 2022. The New York Department of Labor has now revised its model safety plan under the HERO Act to eliminate the mask requirement in most settings. Other HERO Act
Continue Reading UPDATED: New York Lifts Mask-or-Vax Mandate and HERO Act Masking Requirement
By Adam R. Young, Robert T. Szyba, Robert S. Whitman, and Craig B. Simonsen
Seyfarth Synopsis: The New York Department of Labor published “Frequently Asked Questions” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA).
New York State has legalized medical and recreational marijuana, and
Continue Reading New York Department of Labor Attempts to Prohibit Drug Testing for Cannabis, Employment Actions Against Some Employees Who are Impaired at Work
By Daniel I. Small and Robert S. Whitman
Seyfarth Synopsis: With little fanfare and no public reporting, the New York Commissioner of Health extended the designation of COVID-19 as highly contagious, thereby requiring employers to keep their safety plans activated through October 31, 2021.
As previously reported (here, here, and here), New York State’s health
Continue Reading NY HERO Act Update: Safety Plans Must Remain in Place
By Daniel I. Small and Robert S. Whitman
Seyfarth Synopsis: The deadline for employers to distribute their airborne disease prevention safety plan and post the plan in the workplace is approaching.
As previously reported, the New York Department of Labor has published general and industry-specific model disease prevention protocols under the New York HERO Act. Employers were required to
Continue Reading NY HERO Act Update: Deadline to Distribute and Post Safety Plan Days Away
By Lorie E. Almon, Meredith-Anne Berger, Anne R. Dana, and Glenn J. Smith
Seyfarth Synopsis: With no fanfare or effective means of publication, New York adopted an emergency regulation, effective May 26, 2021, implementing the latest CDC guidance on face coverings, with certain key exceptions. Notably, face coverings are required for unvaccinated food service workers at all
Continue Reading The Never Ending Story – More COVID-19 Guidance for New York: Adoption of an Emergency Regulation for Face Coverings and Proposed Rollbacks of Industry-Specific Guidance
By Karla Grossenbacher, Thomas E. Ahlering, and Andrew R. Cockroft
Seyfarth Synopsis: Both Portland and New York City have followed the example set by Illinois’ Biometric Information Privacy Act (“BIPA”), a statute that has spawned thousands of cookie-cutter class action suits regarding the alleged collection of biometric information. Like BIPA, these new ordinances create a private right of
Continue Reading Portland, OR and New York City Follow Illinois’ Lead on Private Rights of Action in Biometric Privacy Legislation
By Pamela Q. Devata , Robert T. Szyba, and Stacey L. Blecher
Seyfarth Synopsis: On May 4, 2017, New York’s highest court, the Court of Appeals, held that the New York State Human Rights Law (NYSHRL) prohibits employers from discriminating on the basis of criminal conviction history. Entities that are not direct employers may also be liable, however
Continue Reading New York’s Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History
By Paul Galligan and Samuel Sverdlov
Seyfarth Synopsis: The District Court of the Southern District of New York granted an employer’s motion for summary judgment on an employee’s failure to accommodate claims, holding that the plaintiff did not hold a bona fide religious belief, and failed to provide notice to the employer regarding his need for religious accommodation.
Seyfarth Synopsis: The New York Court of Appeals’ ruling on questions regarding the use of criminal convictions in hiring will impact employers and may impact the background screening industry, the temporary staffing industry, and other businesses requiring its affiliates or contractors to adhere to certain criminal history guidelines.
In Griffin v. Sirva, Inc., 835
Continue Reading N.Y. Appellate Court Scopes Out Liability: Using Criminal Convictions in Employment