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Urgent Employer Update

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Labor and Employment Update


NYS Hero Act and Federal Vaccine Mandate

Last week the New York State Health Commissioner designated COVID-19 a “highly contagious communicable disease that presents a serious risk of harm to the public health” under New York State’s HERO Act. This designation means that all employers are required to immediately activate and implement their HERO Act plans.


All employers are covered by the law, and a template for the required plan is available on the Department of Labor website. Versions are available in both English and Spanish, and copies in both languages should be distributed if you have Spanish-speaking workers. Employers must post the plan and send it individually to each worker. All new hires should be provided with a copy along with their on-boarding paperwork. In addition, a copy of the plan should always be available to employees at the workplace/job site.


On the federal front, the President mandated that all employers with one hundred or more employees require one of two things: That either employees be vaccinated or that they get tested weekly.


Please remember that, under New York Law, employees are entitled to up to four hours paid time off to get the vaccine, and that they can use their paid sick leave to recover from any adverse reactions to the vaccine.


If we can help you with any of your compliance matters, please let us know.




Sharon P. Stiller, Esq.

160 Linden Oaks, Suite E

Rochester, New York 14625


[email protected]


Rachel Demarest Gold, Esq.

3 Dakota Drive, Suite 300

Lake Success, New York 11042


[email protected]


Justin T. Kelton, Esq.

1 MetroTech Center, Suite 1701

Brooklyn, New York 11201


[email protected]


Maureen T. Bass Esq.

160 Linden Oaks, Suite E

Rochester, New York 14625


[email protected]


Joanna M. Topping, Esq.

81 Main Street, Suite 306

White Plains, New York 10601


[email protected]

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