Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Christopher Shur
Nicole Zolla Clarke
Nicole Zolla is an employment law counselor with a litigator’s perspective and experience. She represents employers in all stages of employment litigation, from responding to pre-litigation demands to defending claims in federal and state courts and before city, state, and federal government agencies.
New York Enacts New Laws to Bolster Harassment and Discrimination Protections, with Additional Proposed Laws Passing the Senate | JD Supra
Employers in New York State should be aware of recent new laws as well as some pending bills, all of which seek to bolster harassment and discrimination protections for employees. As detailed below, New York Governor Kathy Hochul recently signed several bills into law that expand harassment and discrimination protections, while the New York Senate recently passed more bills that would further bolster safeguards for employees and independent contractors in the state.
Employers in New York State should be aware of recent new laws as well as some pending bills, all of which seek to bolster harassment and discrimination protections for employees. As detailed below, New York Governor Kathy Hochul recently signed several bills into law that expand harassment and discrimination protections, while the New York Senate recently passed more bills that would further bolster safeguards for employees and independent contractors in the state.
The Not So Permanent Standard: Virginia Moves to Withdraw COVID-19 Rule
The first state to implement workplace health and safety standards for COVID-19 is poised to roll back those requirements. Virginia’s Permanent COVID-19 Employee Health and Safety Requirements (the “Permanent Standard”) established requirements for employers to control, prevent, and mitigate the spread of COVID-19. However, with the Omicron wave receding, Virginia Governor Glenn Youngkin says the Permanent Standard presents “a significant burden on businesses” and should be reconsidered.
New York’s Expanded Whistleblower Protections and Notice Requirements Take Effect January 26, 2022
On January 26, 2022, legislation (“Amendments”) amending and significantly expanding the scope of New York’s whistleblower laws will take effect.
New York HERO Act “Standard” Formally Adopted as Emergency Rule | JD Supra
As we have previously explained, pursuant to Section 1 of the NY HERO Act, employers were required to prepare an airborne infectious disease exposure plan, and implement such plans when the New York State Commissioner of Health has made a designation that a highly contagious communicable disease presents a serious risk of harm to public health. Currently, such a designation is in effect until February 15, 2022.
New York HERO Act “Standard” Formally Adopted as Emergency Rule
As we have previously explained, pursuant to Section 1 of the NY HERO Act, employers were required to prepare an airborne infectious disease exposure plan, and implement such plans when the New York State Commissioner of Health has made a designation that a highly contagious communicable disease presents a serious risk of harm to public health. Currently, such a designation is in effect until February 15, 2022.
Keep Your Safety Plans in Place: New York HERO Act COVID-19 Designation Extended Until February 15, 2022
The New York State Acting Commissioner of Health has extended the designation of COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health under the NY HERO Act until February 15, 2022. Accordingly, the airborne infectious disease exposure prevention plans required under Section 1 of the Act must be kept in place through that date, at which point the Commissioner will review whether the designation should be continued.
Keep Your Safety Plans in Place: New York HERO Act COVID-19 Designation Extended Until February 15, 2022 | JD Supra
The New York State Acting Commissioner of Health has extended the designation of COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health under the NY HERO Act until February 15, 2022. Accordingly, the airborne infectious disease exposure prevention plans required under Section 1 of the Act must be kept in place through that date, at which point the Commissioner will review whether the designation should be continued.
Overview of Proposed Paid Leave Program Under the Build Back Better Act | JD Supra
On November 19, 2021, the U.S. House of Representatives passed the Build Back Better Act (BBBA or the Act), [1] which, if enacted, would be the first federal enhancement of family and medical leave for private sector workers since the enactment of the Family and Medical Leave Act (FMLA) in 1993. While the BBBA does not go as far as initially proposed (12 weeks of paid leave), it would expand upon the FMLA’s current unpaid protections by providing up to four weeks of paid caregiving leave.
Overview of Proposed Paid Leave Program Under the Build Back Better Act
On November 19, 2021, the U.S. House of Representatives passed the Build Back Better Act (BBBA or the Act), [1] which, if enacted, would be the first federal enhancement of family and medical leave for private sector workers since the enactment of the Family and Medical Leave Act (FMLA) in 1993. While the BBBA does not go as far as initially proposed (12 weeks of paid leave), it would expand upon the FMLA’s current unpaid protections by providing up to four weeks of paid caregiving leave.
Washington State Raises Earning Thresholds for Workers Subject to Noncompetition Covenants | JD Supra
Effective January 1, 2022, the earning thresholds for employees and independent contractors in Washington who properly may be subject to noncompetition covenants will increase. The new adjusted earning threshold for employees will be $107,301.04 and the new adjusted earning threshold for independent contractors will be $268,252.59. Earnings is defined as the compensation reflected on box one of the form W-2 for employees or the payments reported on a form 1099 for independent contractors.
Washington State Raises Earning Thresholds for Workers Subject to Noncompetition Covenants
Effective January 1, 2022, the earning thresholds for employees and independent contractors in Washington who properly may be subject to noncompetition covenants will increase. The new adjusted earning threshold for employees will be $107,301.04 and the new adjusted earning threshold for independent contractors will be $268,252.59. Earnings is defined as the compensation reflected on box one of the form W-2 for employees or the payments reported on a form 1099 for independent contractors.
Senate Confirms Biden Nominee Jennifer Abruzzo as NLRB General Counsel, Paving Way for Pro-Union Shift | JD Supra
On July 21, 2021, the U.S. Senate confirmed Jennifer Abruzzo to a four-year term as the General Counsel of the National Labor Relations Board (“NLRB” or “Board”). Ms. Abruzzo’s confirmation was by a vote of 51-50, with Vice President Kamala Harris casting the tie-breaking vote. Ms. Abruzzo was sworn in the next day, by NLRB Chair Lauren McFerran. As the NLRB notes, this is “the first time in NLRB history women are serving as both Chairman and General Counsel” of the agency.
New York Hero Act Amendments Passed and Sent to Governor for Signature | JD Supra
As we previously reported, on May 5, 2021, New York Governor Andrew Cuomo signed the Health and Essential Rights Act (the “HERO Act” or “Act”) into law, permanently codifying COVID-19-related health and safety protocols. In a memorandum issued with the signing, Governor Cuomo announced that he had secured an agreement with the Legislature for amendments to the Act to address certain ambiguities and technicalities.
New York Hero Act Amendments Passed and Sent to Governor for Signature
As we previously reported, on May 5, 2021, New York Governor Andrew Cuomo signed the Health and Essential Rights Act (the “HERO Act” or “Act”) into law, permanently codifying COVID-19-related health and safety protocols. In a memorandum issued with the signing, Governor Cuomo announced that he had secured an agreement with the Legislature for amendments to the Act to address certain ambiguities and technicalities.
Governor Cuomo Proposes Vaccination Discrimination Law | JD Supra
During a May 10, 2021 press conference, Governor Andrew Cuomo announced his intention to propose legislation aimed at stopping discrimination against those who choose to get vaccinated against the COVID-19 virus. Unlike many states that are introducing legislation to prevent discrimination against those who are unvaccinated, this bill would protect those who are vaccinated.
Governor Cuomo Proposes Vaccination Discrimination Law
During a May 10, 2021 press conference, Governor Andrew Cuomo announced his intention to propose legislation aimed at stopping discrimination against those who choose to get vaccinated against the COVID-19 virus. Unlike many states that are introducing legislation to prevent discrimination against those who are unvaccinated, this bill would protect those who are vaccinated.
New York, New Jersey, and Connecticut Set to Lift Most COVID-19 Capacity Limits | JD Supra
On May 3, 2021, New York Governor Andrew Cuomo and New Jersey Governor Phil Murphy announced a significant easing of COVID-19-related capacity restrictions on businesses in their respective states. Governor Ned Lamont of Connecticut, who joined the other two governors in the announcement, had previously ordered a comparable lifting of capacity restrictions in his state.
Fifth Circuit Rejects Two-Step Approach for Certifying FLSA Collective Actions | JD Supra
In a provocative decision in the case known as Swales v. KLLM Transport Servs., L.L.C., No. 19-60847 (5th Cir. 2021), the U.S. Court of Appeals for the Fifth Circuit broke from the pack by upending the standard two-step process for Fair Labor Standards Act (“FLSA” or the “Act”) collective certification.
How Big Can The Carrot Be? The EEOC's New Proposed Rules Regarding Permissible Level Of Incentives In Health-Contingent Workplace Wellness Programs
To print this article, all you need is to be registered or login on Mondaq.com. Many employers have established wellness programs to promote employee health and, in doing so, help counter the ever increasing costs associated with employer-sponsored health benefit plans. Often employers want to establish programs that provide employees with incentives to achieve certain health outcomes, such as smoking cessation or weight loss.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Christopher
Contact Christopher, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack