On January 26, 2022, a new law amending New York’s whistleblower statute (Section 740 of the NY Labor Law) took effect, significantly bolstering protections for private-sector employees alleging retaliation against their employers. Specifically, the amended law prohibits private-sector employers from retaliating against employees, former employees, and independent contractors for disclosing or threatening to disclose, to a supervisor or public body, any conduct that they reasonably believe violates any law, rule or regulation, executive order, or any judicial or administrative decision, ruling, or order; or that they reasonably believe constitutes a substantial and specific danger to the public health or safety.

Last month, New York Governor Hochul signed into law a bill that will require employers to notify new employees of electronic monitoring of telephone, email and internet access and usage, and to obtain their written acknowledgement of the notice. This new law (the “Act”), which goes into effect on May 7, 2022, applies to all private employers, regardless of size, with a place of business in New York State.

As employers have been working through post-pandemic office reopening plans, those with employees in New York must be mindful of additional issues and compliance obligations. In May, Governor Cuomo signed into law the New York Health and Essential Rights Act (“HERO Act”), which amended NY Labor Law to codify extensive health and safety directives. This law applies to all private employers with at least one employee at any worksite located in New York, unless already covered by federal OSHA’s emergency temporary standard for COVID-19.

On March 12, 2021, New York Governor Andrew Cuomo signed into law a bill (A3354B) mandating that employers provide their employees with paid time off to be vaccinated for COVID-19. Specifically, employees shall receive “a sufficient period of time, not to exceed four hours” per vaccine dose, and be paid at their regular rate of pay for the entire leave period. For employees receiving the 2-dose Pfizer or Moderna vaccine, they will be eligible for up to eight hours of paid leave.