SHARE

March 23, 2022

New York State Ends COVID-19 HERO Act Designation

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all Law.com OnPractice content.
Register Now

Key Takeaways

  • On March 17, 2022, New York State’s Commissioner of Health ended the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to public health under the New York Health and Essential Rights (HERO) Act.
  • With COVID-19 cases continuing to rise and fall, employers should continue to watch for developments in state, local, and federal workplace health and safety regulations.

On March 17, 2022, New York State's Commissioner of Health ended the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to public health under the New York Health and Essential Rights (HERO) Act. As of that date, private sector employers in New York State are no longer required to implement their workforce safety plans.

In Depth


The HERO Act was signed into law on May 5, 2021, and began to apply to COVID-19 as an airborne infectious disease on September 6, 2021. Employers were required to implement extensive new workplace health and safety protections in response to the COVID-19 pandemic. The purpose of the NY HERO Act was to protect employees against exposure and disease during a potential airborne infectious disease outbreak.

Although COVID-19 is no longer designated as an airborne infectious disease covered by the HERO Act's protections, the HERO Act technically remains available for New York State to choose to reactivate its application to COVID-19, or to apply the HERO Act to any other future airborne infectious disease that presents a serious risk of harm to public health.

NEXT STEPS

With COVID-19 cases continuing to rise and fall, employers should continue to watch for developments in state, local, and federal workplace health and safety regulations. As of this publication, New York City's COVID-19 vaccine mandate for private employers remains in effect, and New York City Mayor Eric Adams has not provided any further guidance on when this mandate may be withdrawn.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From McDermott Will & Emery

On the Road Again: Alternative Designs May Impact Trade Dress Functionality Analysis

By Kavya Rallabhandi McDermott Will & Emery May 25 , 2023

The US Court of Appeals for the Sixth Circuit reversed and remanded a summary judgment ruling, finding that there were genuine disputes of material fact regarding whether the plaintiff’s alleged trade dress was functional and therefore excluded from trade dress protection.

Elevate the $: Geographic Isolation Helps Defeat Trademark Infringement Claim

By Kat Lynch McDermott Will & Emery May 25 , 2023

In a case between similarly named banks, the US Court of Appeals for the Tenth Circuit confirmed expert disclosure requirements, conducted a de novo likelihood of confusion analysis and ultimately upheld a finding of no trademark infringement.

First Circuit: Claim Preclusion Shouldn't Apply to Bar Claims Under VARA

By Hannah Cohen McDermott Will & Emery May 25 , 2023

Addressing for the first time whether federal res judicata law recognizes the alternative determinations doctrine, the US Court of Appeals for the First Circuit determined that a plaintiff’s claims under the Visual Artists Rights Act (VARA) were not precluded by a previous action in which she brought a federal copyright claim against the defendant.

More From COVID-19

Schedule A I-140: Fast-Track Green Card for Nurses and Physical Therapists

By Caterina Cappellari Greenberg Traurig May 26 , 2023

Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.

Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort

By Melanie L. Paul Jackson Lewis P.C. May 26 , 2023

It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.

GT's The Performance Review Episode 20: All Secrets Revealed: Employee Investigations

By Philip I. Person Greenberg Traurig May 24 , 2023

In this episode, Sue Ann Van Dermyden, co-founder and senior partner at one of the nation’s top investigations firms, joins Philip Person and Ryan Bykerk to discuss the ins and outs of employee investigations.

Featured Stories
Closeclose
Search
Menu

Working...