On March 16, 2022, New York Governor Kathy Hochul signed three pieces of legislation that address workplace harassment and discrimination. The first bill establishes a toll free confidential hotline for complainants of workplace sexual harassment; the second bill prohibits the release of personnel records as a retaliatory action against employees; and the third bill makes all state and public employers subject to the NYS Human Rights Law (“NYSHRL”).
Read MoreSince September 2021, COVID-19 has been designated as a highly contagious airborne infectious disease that presents a serious risk of harm to the public health pursuant to the New York State HERO Act. This designation finally expired on March 17, 2022. As such, employers are no longer required to implement and effectuate their workplace safety plans and related measures, such as workplace screening and distancing protocols.
Read MoreOn March 3, 2022, President Biden signed a bill that prohibits the forced arbitration of disputes involving sexual assault and harassment. The bill amends the Federal Arbitration Act so that predispute arbitration agreements and predispute class action waivers are no longer valid and enforceable in cases filed under federal, tribal, or state law that relate to a sexual harassment or sexual assault dispute.
Read MoreThe past week has brought a variety of compliance updates for New York employers related to the HERO Act and Whistleblower Protection Law.
Read MoreOn January 26, 2022, recent amendments to New York State’s whistleblower statute, New York Labor Law § 740, will go into effect. New York State’s whistleblower protection law was established with the intent of protecting employees from retaliation when they engage in certain protected activity related to a violation of a rule or law that “creates and presents a substantial and specific danger to the public health or safety or constitutes health care fraud.” The amended law broadens the definitions of protected activity and adverse action and provides an expanded set of individuals with wider reaching protections and remedies.
Read MoreOver the weekend, 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 February 15, 2022. The Commissioner will again review the level of transmission of COVID-19 in New York State on approximately February 15th and determine whether to continue this designation.
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