New York State Update: HERO Extended, Model Plan Amended, and DOL Publishes Form Notice for Expanded Whistleblower Protection Law
The past week has brought a variety of compliance updates for New York employers.
HERO Designation Extended and Masking Requirements Updated
The New York State Commissioner of Health (the “Commissioner”) extended the designation of COVID-19 as a highly contagious communicable disease under the HERO Act until March 17, 2022. The Commissioner will again review the level of transmission of COVID-19 in New York State on approximately March 17th and determine whether to continue this designation. As such, the airborne infectious disease policies required by the HERO Act remain implemented and in effect.
Additionally, the HERO Act model plan published by the DOL has been revised and its guidance on masking has changed. The revised model plan now directs employees to wear appropriate face coverings in accordance with guidance from State Department of Health or the Centers for Disease Control and Prevention. If indoor areas do not have a mask or vaccine requirement as a condition of entry, appropriate face coverings are recommended, but not required. Face coverings are also recommended for unvaccinated individuals. However, New York State’s masking requirements continue to be in effect for pre-K to grade 12 schools, public transit, homeless shelters, domestic violence shelters, correctional facilities, nursing homes, health care, child care, group homes, and other sensitive settings.
These changes are in line with recent changes to the New York City masking guidance and the lifting of the New York State mask mandate. The New York City masking guidance now only requires masking for all individuals over the age of 2 who can medically tolerate a mask:
When riding public transportation (including taxis and car services);
When in a school;
When in a health care setting;
In certain group residential facilities, such as nursing homes and homeless shelters;
When in a store, restaurant or other public space where the owner or operator requires masks;
At work, if required by your employer
And the NYS mask mandate was lifted as of February 10, 2022. However, the mandate remains optional for businesses, local governments and counties to enforce. Previously, the mandate required all individuals, regardless of vaccination status, to wear a mask in all indoor public places in New York State unless the business or venue required proof of full vaccination against COVID-19 as a condition of entry.
Employers in New York State may wish to make changes to their masking rules and requirements in light of these updates.
Whistleblower Notice Released
The New York State Department of Labor issued a form notice regarding employee rights and protections under the expanded whistleblower protection law, which went into effect last month. As employers may recall, the NYS Whistleblower Protection Law was recently amended to provide broader protections and remedies to employees as well as former employees and independent contractors. In addition to other changes, covered workers now receive protection under the statute when they disclose an activity, policy or practice that they reasonably believe is in violation of any law, rule or regulation. For a more detailed discussion of these amendments, please see our previous alert.
Employers must notify employees of their rights under the law by posting the notice in an easily accessible and well-lighted place customarily frequented by employees and applicants for employment. Employers should post the notice immediately, as the amended whistleblower protection law is already in effect.
Individuals with questions about the HERO Act or the whistleblower law should feel free to contact Caroline Secola at csecola@fglawllc.com or any other attorney at the Firm.
DISCLAIMER: This alert is provided to clients and friends of the firm for informational purposes only and the distribution of this alert is not intended to, and does not, establish an attorney-client relationship. This alert also does not provide or offer legal advice or opinions on any specific factual situations or matters. This communication may be considered Attorney Advertising. Prior results do not guarantee a similar outcome.