UPDATE:  Daily COVID-19 Health Screening No Longer Required for Private Sector EmployersJun 16th, 2021
by Michael L. Dodd

UPDATE:  Daily COVID-19 Health Screening No Longer Required for Private Sector Employers

We reported last week that New York still required private sector employers to complete daily COVID-19 health screening questionnaires.  This was made clear by the fact that the State amended its New York Forward guidelines regarding these questionnaires on June 8, 2021.  However, Governor Cuomo announced yesterday (i.e., June 15, 2021) that the New York …

NY Hero Act Amendments Clarify Employer ObligationsJun 14th, 2021
by Nicholas Fiorenza

NY Hero Act Amendments Clarify Employer Obligations

Our clients continue to call with questions concerning their obligations under the New York Health and Essential Rights Act (NY Hero Act). This law, signed on May 5, 2021 by Governor Cuomo, is an important part of the State’s response to the COVID-19 pandemic.  Broadly speaking, the law introduces two new employer requirements: Section 1 …

School Districts’ and BOCES’ Ability to Purchase Via Piggyback Contract Law Has Been ExtendedMay 25th, 2021
by Joseph G. Shields

School Districts’ and BOCES’ Ability to Purchase Via Piggyback Contract Law Has Been Extended

On April 6, 2021 Governor Andrew Cuomo signed a law that enables local governments, including school districts and BOCES to “piggyback” on contracts until July 31, 2023.  This law was set to expire on July 31, 2021, but has been extended by Chapter 95 of the Laws of 2021. Cooperative purchasing (commonly referred to as …

A Doctor’s Note is a Request for an Accommodation that Should Start an Interactive DialogueMay 25th, 2021
by Michael L. Dodd

A Doctor’s Note is a Request for an Accommodation that Should Start an Interactive Dialogue

School district administrators need to remember that when an employee presents a doctor’s note recommending a leave of absence, a particular work restriction or job modification, it should be treated as a request for a reasonable accommodation under the Americans with Disabilities Act (ADA) and/or the New York State Human Rights Law (HRL).  However, the …

Motto For Employee Misconduct Or Performance: Get ‘Em Good Or Get ‘Em GoneApr 26th, 2021
by Allison L. Marley

Motto For Employee Misconduct Or Performance: Get ‘Em Good Or Get ‘Em Gone

Section 3020 of the Education Law provides, in part, “No person enjoying the benefits of tenure shall be disciplined or removed during a term of employment except for just cause” and in accordance with the procedures set forth in Section 3020-a of the Education Law.  These procedures include formal written charges and a hearing.  Without …

Immunization UpdateApr 26th, 2021
by Katherine Gavett

Immunization Update

Under New York Public Health Law § 2164(7)(a), all schools must ensure that students attending school in grades Pre-K to 12 have received mandatory vaccinations.  School districts may not permit a student to attend school in excess of fourteen days without a certificate demonstrating compliance.  The only exemption to the immunization requirement is a certification …

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