In March 2021, New York enacted Senate Bill S854A, making it the 16
th state to legalize marijuana for recreational use. The law addresses aspects of marijuana use and possession including (i) permitting individuals 21 and older to possess and purchase up to three ounces of marijuana; (ii) expanding the list of medical conditions for which marijuana can be prescribed; and (iii) allowing individuals to possess up to five pounds of marijuana in their home.
The law effectively amends Section 201-d of the New York Labor Law (which protects employees’ right to engage in certain recreational activities outside of work) and necessitates that employers be cognizant of the important restrictions referenced in the new law. Section 201-d generally prohibits employers from discharging or refusing to hire, employ or license, or discriminating against an individual (in compensation or otherwise) because of their legal use of consumable products or participation in legal recreational activi
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The HERO Act Requires Employers to Implement Enhanced Health and Safety Standards for the Workplace by June 4, 2021.
On May 5, 2021, Governor Andrew Cuomo signed into law the New York Health and Essential Rights Act (the “HERO Act”) (S. 1034B) to minimize the spread of COVID-19 and other airborne infectious diseases in the workplace given the anticipated return of many employees to work. The expansive law directs the New York Department of Labor (the “NYDOL”) to create standards to prevent the spread of airborne infectious diseases by June 4, 2021. By that date, employers must either adopt those model standards or implement an alternative that meets or exceeds the minimum standards established by the NYDOL.
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New York lawmakers are close to passing a law that creates automatic liability for general contractors when their subcontractors fail to properly pay their employees.
Existing New York law provides at least a modicum of protection for a general contractor that has no role in supervising, directing or controlling its subcontractors’ employees’ work. In a significant departure from the current state of the law, legislation pending in both houses of the New York State Legislature would require that a general contractor ensure its subcontractors’ employees are properly paid in accordance with applicable law. If enacted, this will significantly alter the relationship between general contractors and subcontractors in the construction industry by making general contractors jointly and severally liable for any wage and hour violations committed by their subcontractors, even when the general contractor has no control over t
[co-author: Christopher Shur - Law Clerk
Taking the lead on permanently enshrining COVID-19-related health and safety protocols into law, on May 5, 2021, New York Governor Andrew Cuomo signed A2681B/S1034 the Health and Essential Rights Act (“HERO Act” or “Act”). The Act requires that, by June 4, 2021, the New York State Department of Labor (“NYSDOL”), in consultation with the State Department of Health, develop an industry-specific model airborne infectious disease exposure prevention standard (“model standard”) that sets forth “minimum requirements for preventing exposure to airborne infectious diseases in the workplace.”[1] Employers must then adopt the model standard or implement their own plan that meets or exceeds the model standard’s requirements.
New York employers may need to change their approach to workplace health and safety rules significantly under the New York Health and Essential Rights Act HERO Act signed by Governor Andrew Cuomo on May 5, 2021.