New York, a state among the hardest hit by the COVID-19 pandemic, has now taken groundbreaking steps to protect its workers and maintain uniform safety standards statewide.
This post was revised on May 19, 2021 to reflect
relevant updates.
On May 5, 2021, New York enacted the Health and Essential Rights Act (the HERO
Act ). The new law seeks to address continued COVID-19 safety
concerns in the workplace and is designed to codify, supplement,
and replace numerous executive actions that have been issued
throughout the pandemic. The passage of the HERO Act imposes
significant new health and safety obligations on New York
employers, including the formation of joint labor-management
workplace safety committees to help ensure worker safety. Employers
should prepare now to come into compliance with the new law, which
we summarize below.
This alert takes a more detailed look at these publications and discusses select policy changes, initiatives and goals set forth by the Administration and their potential impact.
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Several months ago, we wrote about an appeal that had just been decided by the
Pennsylvania Superior Court. We advised employers to consider
moving away from no-hire agreements in favor of nonsolicitation and
noncompete agreements. Now, for the first time, the Pennsylvania
Supreme Court has addressed the issue of no-hire agreements, and it
has confirmed our previous advice.
As we previously wrote, the case involved a dispute that arose
when a third-party logistics provider hired four employees of a
shipper with whom it had a services contract. The contract
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Montana Governor Greg Gianforte recently signed three bills that
make significant changes to Montana s Wrongful Discharge from
Employment Act, Human Rights Act, and Wage Protection Act.
Changes to the Wrongful Discharge from Employment Act
(WDEA)
The changes to the Wrongful Discharge from Employment Act are
significant and benefit employers. Specifically, the
amendments extend the default probationary period during which an
employee may be discharged without good cause, increase proof
required for wrongful discharge, expand the sources of income that
are required to be subtracted from an employee s award, and