May 27, 2022

Volume XII, Number 147

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The Intersection of the New York HERO Act and Federal Labor Law

On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“HERO Act” or “Act”), requiring, among other things, that the New York State Department of Labor (“NYSDOL”), in consultation with the State Department of Health, develop a model workplace airborne infectious disease exposure prevention standard (“model standard”). The Act further requires that all private sector employers adopt the model standard or a prevention plan that mirrors the model standard to address the spread of COVID-19 and other airborne infectious diseases in the workplace. The Act applies to those employees and worksites, as that term is defined in the Act, located within the State of New York. It does not apply to New York employers’ facilities outside the State. The model standards, which have not yet been released, are expected to address topics such as health screenings, face coverings, personal protective equipment, hand hygiene, cleaning and disinfecting of shared equipment and common use surfaces, and social distancing, among other related topics. The Act states that the standards are to take into account “all applicable federal standards to the extent practical.” Section 1 of the Act will apply to all of a covered employer’s in-state workforce, including not only employees, but contingent workers, and other individuals working in New York, including those making deliveries to the worksite.

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XII, Number 3
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About this Author

RyAnn McKay Hooper Epstein Becker Green  Associate Labor Management Relations  Employment Litigation
Senior Counsel

RYANN McKAY HOOPER is an Associate in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green. She focuses her practice on representing employers in all aspects of labor and employment law.

Specifically, Ms. Hooper:

  • Represents clients before the National Labor Relations Board (“NLRB” or “Board”) and other federal and state agencies, and in federal and state courts

  • Provides representation to employers in unfair labor practice (ULP) and union representation proceedings and appeals...

212-351-4676
Adam C. Abrahms Labor Management Relations attorney Healthcare law lawyer
Member

ADAM C. ABRAHMS is a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the firm's Los Angeles office, where he serves as a member of the firm's Labor Management Relations practice group. He has devoted his practice almost exclusively to aiding employers in developing strategies to remain union-free and, in organized operations, to securing and expanding management rights.

Mr. Abrahms:

  • Represents clients before the National Labor Relations Board and other federal and state agencies, and in federal and state...
310-557-9559
Steven M. Swirsky labor employment lawyer health care and life sciences attorney
Member of the Firm

STEVEN M. SWIRSKY is a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the firm's New York office. He regularly represents employers in a wide range of industries, including retail, health care, manufacturing, banking and financial services, manufacturing, transportation and distribution, electronics and publishing. He frequently advises and represents United States subsidiaries and branches of Asian, European and other foreign-based companies.

Mr. Swirsky:

  • Advises employers on a full range of labor and...
212-351-4640
Michael F. McGahan, Epstein Becker Green, Collective Bargaining Attorney, Grievance Arbitration Lawyer,
Member

MICHAEL F. MCGAHAN is a Member of the Firm in the Labor and Employment practice in the New York office, where he is a member of the firm's traditional labor team. He has over 35 years of experience representing employers in a wide range of industries including health care, insurance, hospitality and theater.

Mr. McGahan's experience includes representing employers in:

  • Collective bargaining, mediation, and grievance arbitration

  • Proceedings before the National...

212-351-3768
Robert J. O’Hara Labor and employment lawyer Epstein Becker
Member of the Firm

ROBERT J. O’HARA* is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green. His practice focuses on employment law counseling and litigation as well as human resources counseling, compliance, and training.

Mr. O’Hara’s experience includes:

  • Conducting and overseeing workplace investigations (including sexual harassment, bribery, the Foreign Corrupt Practices Act, product quality, supply chain theft, and malfeasance of every kind), executive terminations, and...
212-351-3708
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