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The COVID-19 pandemic has laid bare the serious threat posed by unchecked airborne infectious diseases, and has prompted New York to pass the Health and Essential Rights Act (aka the “HERO Act”), which serves to establish health and safety protocols for workers across the state. Like we said in our coverage back in June, the mandatory safety standards set forth by the act apply to all airborne diseases, not just COVID-19, and as such are intended to remain a permanent feature of the employee safety measures established by virtually all private employers across the state.

As with the introduction of any new piece of legislation, questions remained even after the law came into effect. At the end of September, the Department of Labor issued an updated FAQ to address lingering and emergent issues with Section 1 of the Act, which relates to the implementation of safety plans.

Until at least October 31, COVID-19 continues to be classified as a “highly contagious communicable disease that presents a serious risk of harm to the public health” under the HERO Act.

That means that before October 31, private employers must:

  1. Draft a plan that complies with DOL guidance on the HERO Act;
  2. Put that plan into effect; and
  3. Give employees (and contractors!) a verbal review of the plan.


Continue Reading Show Me a HERO: Department of Labor Clarifies New York’s HERO Act

On August 24, 2021, Kathy Hochul was sworn in as the first female governor of New York, assuming office in the wake of the resignation of Andrew Cuomo. The former Governor, a once-powerhouse politician with a decade in the executive office, departed Albany in disgrace.

Cuomo did not leave office alone—at least four former senior aides and state officials have also resigned, as well as several prominent supporters who found themselves caught up in the scandal created by his conduct. That number does not include those who left their positions due to the harassment they allege to have faced. Hochul must now rebuild from the rubble left behind by her predecessor, as the leadership team in the executive branch, as well as those of prominent organizations throughout New York, have been left in disarray.

The allegations against Cuomo are voluminous, and range in severity from his usage of “pet names” to his inappropriate touching of female subordinates. The report concluded that beyond the Governor himself, “the Executive Chamber’s culture” was “filled with fear and intimidation, while at the same time normalize[ed] the Governor’s frequent flirtations and gender-based comments[.]”

Cuomo’s downfall was shocking on one level, as he was long seen (or wanted to be seen) as a champion of women’s rights. In fact, on August 12, 2019, he signed groundbreaking legislation establishing some of the strongest anti-harassment legislation in the country. However, it may not have shocked many who knew him, as the report commissioned by Attorney General Letitia James’ detailed years of questionable behavior and cover-ups by those around Cuomo.
Continue Reading Lessons From a Former Governor

It seems that at every turn, COVID-19 is keeping employers from catching their breath. We’ve discussed on this blog how employers should navigate having employees work from home, reopening and remaining compliant with the law and CDC guidelines, mask and vaccine mandates, and what to do when an employee tests positive for the virus. Now another issue confronts employers: how to best accommodate employees who are suffering from COVID symptoms months after having been infected with the virus—long COVID.

On July 26, 2021, the U.S. Department of Health and Human Services Office for Civil Rights (HHS) and the U.S. Department of Justice Civil Rights Division (DOJ) jointly published guidance on whether long COVID may qualify as a disability subject to the nondiscrimination requirements of the ADA, Section 504 of the Rehabilitation Act, and Section 1557 of the Affordable Care Act. They concluded that certain cases it does.
Continue Reading COVID CONSIDERATIONS: Long COVID Now a Disability