On Dec. 20, 2023, the New York City Council passed legislation that would create a private right of action to enforce the Earned Safe and Sick Time Act (“ESSTA”). If the legislation becomes law, it would allow employees who allege a violation of ESSTA to bring forward a civil action in court, in addition to filing a complaint with the City’s Department of Consumer and Worker Protection (“DCWP”).
On Sept. 15, 2023, the New York City Department of Consumer and Worker Protection (the “Department”) released final amendments to the New York City Earned Safe and Sick Time Act (“ESSTA”) Rules (“Rules”).
On Friday, Jan. 13, 2022, a New York State Supreme Court Judge for Onondaga County struck down the New York State Department of Health regulation mandating certain healthcare professionals be “fully vaccinated” against COVID-19, declaring the regulation to be “null, void, and of no effect.” (Medical Professionals for Informed Consent, et. al. v. Bassett, et al.)
On Nov. 30, 2022, the New York State Department of Health (NYSDOH) updated its Advisory on Return-to-Work Protocols for Healthcare Personnel with SARS-CoV-2 Infection or Exposure to Sars-CoV-2.
On Nov. 21, 2022, New York Governor Kathy Hochul signed a law clarifying that it is unlawful for an employer to penalize an employee for any absence protected under federal, state, or local law.
Effective immediately, New York State employers must provide employees with up to four hours of paid time off per COVID-19 vaccination.
The New York State Paid Sick Leave Law and the amendments to the New York City Paid Safe and Sick Leave Law expanding employees’ paid sick leave entitlements went into full effect on Jan. 1, 2021.
On Sep. 23, 2020, the New York City Council enacted Int. No 2032-A, and Mayor Bill de Blasio signed the bill on Sep. 28, 2020.
Shortly after the Department of Labor issued its FFCRA regulations, the state of New York filed a lawsuit challenging some of the provisions. Today (four months after the regulations went into effect, and just five months before the FFCRA is set to expire), the federal district court in New York struck down four provisions in the regulations.
New York State has joined the growing list of states and localities (including New York City and Westchester County) mandating that employers provide paid sick leave to employees.
The end of 2019 brought more nuances, but also resolutions to paid sick leave (PSL) state and local laws. For instance, challenges to the Michigan PSL law and Alabama preemption law were resolved, but the PSL turbulence in Texas continues as we await a decision from the Texas Supreme Court on whether it will wade into the PSL controversy.
The paid sick leave (PSL) turbulence in Texas garnered most of the PSL headlines in the third quarter. How that turbulence ends will determine the fate of PSL ordinances in Austin, Dallas, and San Antonio.
Companies should begin preparing now for the new Westchester County Earned Sick Leave Law, which becomes effective on Apr. 10, 2019.
Albany County (NY) will likely become the fourth county in the nation to adopt a paid sick leave law. The only question is when it will be adopted. The Law Committee of the County Legislature held a public hearing earlier this week on an amended proposed Albany County Paid Sick Leave Act.
On Oct. 1 Westchester County, New York enacted an Earned Sick Leave law, becoming the third county nationwide to do so. Montgomery County, Maryland, and Cook County, Illinois also have enacted paid sick leave laws. The Westchester County law is effective in 180 days.