New York State Employers Required to Notify Employees of Electronic Monitoring

Effective May 7, 2022, New York’s Civil Rights Law will require private employers to notify employees of electronic monitoring of their workplace electronic communications.  The new law applies to any private employer in New York State that “monitors or otherwise intercepts” any employee’s “telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage of or by any electronic device or system.”  Any private employer that engages in such monitoring must give affected employees prior written notice (notice in electronic form is permitted) that they are subject to electronic monitoring, and the notice must be acknowledged either in writing or electronically by the affected employees.  Covered employers must also post a notice of electronic monitoring in a conspicuous place which is readily available for viewing by its employees who are subject to electronic monitoring.

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New York State Expands Workplace Whistleblower Protections

New York State Governor Kathy Hochul recently signed legislation amending Section 740 of the New York Labor Law that greatly expands protections for workplace whistleblowers.  When the amendment takes effect on January 26, 2022, New York State will have one of the strongest whistleblower laws in the country.  Significant changes to Section 740, as amended, include the following provisions:

• Covered Whistleblowers - The amendment expands the definition of the persons protected under the law from only current employees to also include former employees and independent contractors (“covered whistleblowers”).
  
  

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Evergreen Health

Evergreen Health, formerly AIDS Community Services, was founded in 1983 to address the HIV and AIDS crisis in Western New York. As breakthroughs in medical therapy were made for HIV and other sexually transmitted infections, the organization expanded its range of services beyond HIV care to meet the needs of the community. Today, Evergreen and its affiliates, Community Access Services and the Pride Center of Western New York, operate as a comprehensive healthcare delivery system that provides, medical, supportive and behavioral health services all under one roof. Our unique model of care treats the whole patient to improve health outcomes. 

Mission

Evergreen Health fosters healthy communities by providing medical, supportive and behavioral services to individuals and families in Western New York – especially those who are living with chronic illness or who are underserved by the healthcare system.

Learn more at https://www.evergreenhs.org/

Federal Court Allows OSHA COVID-19 Shot-or-Test Rule to Take Effect

As we previously reported, on November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an order staying enforcement of the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) which was announced on November 4, 2021.  The ETS requires most employers with 100 or more employees to require that their employees be vaccinated against COVID-19 or undergo weekly testing and wear a face covering at work. 

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit—the federal court to which the matter was transferred—dissolved the stay of the ETS, thereby allowing OSHA to move forward with implementing the ETS.  To provide employers with sufficient time to come into compliance with the ETS, OSHA has announced that it will not issue citations for noncompliance with any requirements of the ETS before January 10, 2022, and will not issue citations for noncompliance with the standard’s testing requirements before February 9, 2022, as long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. 

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The Social Security Star - Jan 2022

The Social Security Star - Jan 2022 newsletter:

We continue to add more services you can access through your secure my Social Security account. Use your personal my Social Security account to check your Social Security record and complete your business conveniently and securely from home or on the go.

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