Labor & Employment Law

New York State Governor Andrew M. Cuomo signs law to protect public officers and employees in New York State in the event of another COVID-19 type of health emergency.

Governor Andrew M. Cuomo announced that he signed a new law* that will protect State officers, employees and officers and employees of political subdivisions of the State and school district personnel  in the event of another COVID-19 type of health emergency.

Those entities are to provide a list of positions considered essential, descriptions of how employees would stagger to reduce overcrowding, and protocols for personal protective equipment [PPE], as well as noting what is required when an employee is exposed to the disease. 

Plans must be submitted to employee organizations and labor management committees within 150 days, and plans must be finalized no later than April 1, 2021.

Operation plans must include:

List and description of positions considered essential;

Descriptions of protocols to follow to enable all non-essential employees to work remotely;

Description of how employers would stagger work shifts to reduce overcrowding

Protocols for PPE;

Protocol for when an employee is exposed to disease;

Protocol for documenting hours and work locations for essential workers;

Protocol for working with essential employees' localities for identifying emergency housing if needed; and

Any other requirement determined by the New York State Department of Health, such as testing and contact tracing.

In addition, the New York State Department of Labor is to provide an online portal for public employees to report violations of health and safety rules for communicable diseases, including COVID-19.

* Chapter 168 of the Laws of 2020. The act requires public employers in New York State to adopt a plan for operations in the event of a declared public health emergency involving a communicable disease which shall include identification of essential personnel, needed personal protective equipment, staggering work shifts and providing necessary technology for telecommuting.

Full post as published by New York Public Personnel Law on September 08, 2020 (boomark / email).