On October 19, 2021, Governor Hochul signed into law an amendment to the Open Meetings Law (Ch. 481 of the Laws of 2021) to require that any agency record available to the public pursuant to the Freedom of Information Law, as well as any proposed resolution, law, rule, regulation, policy or amendment thereto, that […]
Mandatory COVID-19 Testing: Refusal or Non-Compliance by Employees
This office has received several recent inquiries regarding how a school district should address an employee’s refusal or non-compliance with the recently enacted COVID-19 testing mandate. We recently drafted a memorandum that outlines some best practices for school districts to undertake to ensure compliance with the testing mandate.
Department of Health Reopening Guidance
On September 2, 2021, the New York State Department of Health (“DOH”) issued a 12-page school reopening guidance. This guidance document outlines several mandatory requirements that school districts and BOCES must immediately undertake. It also outlines measures that districts and BOCES should consider to combat the spread of COVID-19. We note that this guidance […]
FAQs Regarding Paid COVID Leave
Based on several recent inquiries, our office has prepared an FAQ on some common questions and answers relating to New York’s Paid COVID Leave.
Amendment to Open Meetings Law
On September 2, 2021, Governor Hochul signed into law Senate Bill S50001, which amends the Open Meetings Law and authorizes boards of education and other government bodies to hold public meetings remotely by conference call or similar services through January 15, 2022.
Gender Neutral Bathrooms
Effective March 23, 2021, school districts and BOCES are required to develop policies and procedures to designate all existing single-occupancy bathroom facilities as gender neutral by posting clear signage indicating same on or near the entry door of each facility. N.Y. Educ. Law § 409-M. Districts may do so by either developing a new […]
Facial Recognition Technology
On Tuesday, December 22, 2020, Governor Cuomo signed legislation (A6787-D/S5140-B) that suspends facial recognition and biometric technologies in schools. The legislation, which takes effect immediately, prohibits schools from purchasing and utilizing biometric identifying technology in schools until July 1, 2022 or until the State Education Commissioner authorizes the purchase or the use of such […]
FFCRA Update: Revised Temporary Rule
On September 11, 2020, the U.S. Department of Labor (“DOL”) issued revisions and clarifications to its prior rule (“Revised Rule”) regarding leave under the Emergency Paid Sick Leave Act (“EPSLA” or “Paid Sick Leave”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA” or “Expanded Childcare Leave”), both parts of the Families First […]
2020-2021 State Budget Legislation
On April 3, 2020, Governor Cuomo signed into law the 2020-2021 State budget. The Budget legislation makes significant changes related to State aid, union access to new employee orientations, paid time off to vote, the sale, distribution, and marketing of vapor products and e-cigarettes, the sale and distribution of containers composed of Styrofoam, and […]
Novel Coronavirus (“COVID-19”)
We write to provide an update as to the available guidance provided by various governmental agencies regarding the myriad of issues related to COVID-19 (e.g., prevention, sanitation, protocols, etc.) as well as some associated labor issues. Guercio and Guercio clients can view this entire memorandum in the client portal.
