June 17, 2022
RMS End of Week Update 6/17/2022
Governor Hochul Signs Legislative Package To Protect The Rights Of Patients And Empower Reproductive Healthcare Providers
This week Governor Hochul signed a legislative package to immediately protect the rights of patients and empower reproductive healthcare providers in anticipation of a final decision by the Supreme Court on abortion access. The legislation takes specific actions to address a variety of legal concerns unleashed by the Supreme Court’s leaked opinion on Dobbs v. Jackson, which would overturn the landmark decision of Roe v. Wade on the eve of its 50th anniversary. Governor Hochul signed the bills at the historic Great Hall of Cooper Union, while flanked by Senate Majority Leader Andrea Stewart-Cousins, Speaker Carl Heastie, key partners in the state legislature, as well as abortion and reproductive healthcare providers and advocates. To see the full statement and the list of bills that were signed please click here.
New York Wage Transparency Law Passes Both Houses
On June 3, 2022, the New York State Legislature passed Senate Bill S9427/Assembly Bill A10477. Which is a new wage transparency law that would amend the New York Labor Law. If enacted, the new law would require covered employers to disclose compensation or a range of compensation to applicants and employees upon issuing an employment opportunity for internal or public viewing, or upon employee request. The Bill will now be delivered to Gov. Kathy Hochul for consideration. Upon delivery, the governor will have ten days (not counting Sundays) to sign or veto the Bill. If the governor fails to sign or veto the bill within the ten-day period, the Bill will automatically become law. If enacted, the bill would take effect 270 days after it becomes law.
The Bill defines a covered employer as: (i) “any person, corporation, limited liability company, association, labor organization or entity employing four or more employees in any occupation, industry, trade, business or service, or any agent thereof;” and (ii) “any person, corporation, limited liability company, association or entity acting as an employment agent or recruiter, or otherwise connecting applicants with employers, provided that “employer” shall not include a temporary help firm” as the term is defined under New York Labor Law Section 916 (5).
The Bill requires covered employers to disclose the following information in job postings, including for promotions and transfer opportunities, that can or will be performed at least in part in the State of New York:
1. The compensation or a range of compensation for such job, promotion, or transfer opportunity; and
2. The job description for such job, promotion, or transfer opportunity, if such description exists.
For positions that are paid solely on commission, compliance with the law’s compensation disclosure requirements can be achieved by providing a written general statement that compensation shall be based on commission.
Additionally, the new law would prohibit employers from refusing to interview, hire, promote, employ or otherwise retaliating against an applicant or current employee for exercising their rights under new Section 194-b. The law would allow individuals aggrieved by a violation to file a complaint with the NYS Department of Labor (NYSDOL). Violations of the any of the requirements of the new law or any subsequently published regulations could result in a civil penalty pursuant to NY Labor Law Section 218 which generally provides civil monetary penalties for non-wage related violations ranging from $1,000 to $3,000, to be assessed by the NYSDOL.
Under the new law, covered employers would also be required to maintain records of compliance, including but not limited to the history of compensation ranges for each job, promotion or transfer opportunity as well as the job descriptions for such positions (if applicable).
The Bill also requires the NYSDOL to establish a public awareness outreach campaign to inform employers of the new provisions. The Bill also provides the Agency with authority to promulgate rules and regulations to enforce the new law.
New York Health and Essential Rights Act (NY HERO Act)
This emergency regulation was issued in order to implement the NY HERO Act and put necessary preparatory protections in place in the event of the NY Health Commissioner designation of an airborne infectious disease as a highly contagious communicable disease that presents a serious risk of harm to the public health. The Legislature, in adopting the HERO Act, required that the Department of Labor publish this standard, and that employers adopt plans that comply with the requirements found therein. To effectuate this legislative purpose, and to provide the protections of the HERO Act, this emergency re-adoption is necessary to keep these important rules in effect and is necessary to public health, safety, and the general welfare, and provides protections to the employees in New York State and avoid future loss of life.
The rule creates a new section of regulations designated as 12 NYCRR 840.1 entitled ‘‘Airborne Infectious Disease Exposure Prevention Standard. This section is summarized as follows (The full rule NY HERO Act can be found here):
Section 840.1(a), “General Provisions,” sets forth the general provisions including applicability of the regulation and definitions.
Section 840.1(b), “Exposure Prevention Plan,” sets forth the requirements for an employer adopted Exposure Prevention Plan to eliminate or minimize employee exposure to airborne infectious disease agents designated by the Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health.
Section 840.1(c), “Exposure Controls,” sets forth requirements for employers to select and obtain exposure controls appropriate for the exposure risks and requires that such controls be included in the employer’s Exposure Prevention Plan.
Section 840.1(d), “Anti-Retaliation,” prohibits employers from retaliating against employees for exercising their rights under this regulation or an employer’s Exposure Prevention Plan.
The emergency rule will expire July 29, 2022. Text of rule and any required statements and analyses may be obtained from: Peter M. Parry, Department of Labor, Building 12, State Office Campus, Room 509, Albany, NY 12240, (518) 485-2191, email: firstname.lastname@example.org
Executive Order 11.7 Issued
This week Governor Hochul issued Executive Order 11.7 which continues the state disaster emergency issued in Executive Order 11, through July 14, 2022. For the full list of Executive Order provisions that have been extended please see the Executive Order compendium linked here.
The final redistricting maps can be found linked here. Primaries for the Congressional and Senate primary elections have been moved from June 28 to Aug. 23. At this time the Assembly and Gubernatorial primaries set to be held June 28.
NYS COVID-19 Monitoring Dashboard
Below we have included the State’s Testing Tracker which includes the state’s overall testing status by clicking on the link above you can view the testing results by county. This data is current through June 16, 2022.
Use this link to view the State’s updated COVID-19 Hub.
NYS COVID-19 Fatalities Tracker
Below we have included the Fatalities Tracker with the webpage where updated numbers can be found throughout the week linked here.
Helpful Links and Resources
COVID-19 Weekly HealthcareProvider Update Compilation: As of May 17, 2021
Center for Disease Control and Prevention
Department of Financial Services information and resources
COVID-19 Vaccine Tracker
Check you Eligibility to receive the COVID-19 Vaccine
Department of Health
Office of Mental Health
State Education Department
NYS Department of Labor
FAQ for Employers on COVID-19
Consolidated Funding Application (CFA) Workforce Development Initiative
Accessible Virtual Meeting Platforms
The Partnership on Employment & Accessible Technology (PEAT) published a tip sheet on “How to Pick an Accessible Virtual Meeting Platform.” This resource provides best practices on the process of ensuring that virtual platforms support full accessibility for people with disabilities. Read “How to Pick an Accessible Virtual Meeting Platform”