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State of Emergency Extended 

Governor Kathy Hochul has issued an Executive Order extending New York’s state of emergency declaration for COVID-19. The state of emergency was scheduled to expire today, but Hochul extended the declaration through April 15.  

Declaring a state of emergency triggers the NY HERO Act, meaning employers must continue to abide by a number of disease prevention measures.  

To understand what the HERO Act means for your workplace, use the BNP’s resources here. The HERO Act used to require employee masking, but this regulation was removed last month.  

The extension comes as New York has its lowest number of positive COVID cases since July.   

3/21 Update: The state reversed course and said employers no longer need to implement their workforce safety plans. Learn more here.

Hochul Signs Sexual Harassment Prevention Legislation 

Yesterday, Governor Hochul signed into law a package of legislation to combat sexual harassment in the workplace.  

One bill will create a confidential hotline within the state’s Division of Human Rights for the purpose of reporting workplace sexual harassment. DHR will connect callers to pro-bono attorneys, who can apprise callers of their rights and give legal advice.  

Another bill clarifies that leaking an employee’s personnel records because he or she has made a complaint about workplace harassment constitutes unlawful retaliation. The bill is a jab at former Governor Cuomo, whose administration leaked unflattering personnel records of Lindsay Boylan after she accused Cuomo of sexual harassment.  

The signing of this legislative package serves as a reminder to employers of their responsibilities to combat workplace sexual harassment. All employers are required to provide anti-harassment training and adopt a sexual harassment prevention policy. Resources for preventing sexual harassment are available here.