November, 2020
Revised NYS Quarantine Rules for Travelers; NYC Paid Sick Leave Form; New NJ Executive Order for Workplace Safety and Protections

Dear Clients, Colleagues and Friends,

At M&B, we have been working very hard to keep you apprised of all of the latest employment law developments under federal, NY, and NJ law. It should be obvious by the number of newsletters and blog posts we have circulated that employment law has become more complex than ever. Please be in touch with us to talk through issues as you confront them and to help you make decisions in compliance with the law. We look forward to hearing from you.
Revised New York State Quarantine Rules for Out-of-State Travelers

On October 31, 2020, Governor Cuomo issued revised rules, in Executive Order 202.5, for travelers entering NYS. Starting from November 4, 2020, under the revised rule, incoming travelers from states other than New York, New Jersey, and Connecticut must:

  1. Get tested for COVID-19 in the state they are coming from within three (3) days (or 72 hours) before landing in NYS.
  2. Quarantine for at least three (3) after arriving in NYS.
  3. Get tested again for COVID-19 on the fourth day of their quarantine.

If the traveler receives negative test results from both COVID-19 tests, no further quarantine is required for the traveler. This new procedure eliminates the 14-day quarantine for travelers entering NYS from a state on the travel advisory list.

 Individuals who were outside of NYS for less than 24 hours are not required to get tested for COVID-19 prior to landing in NYS and do not need to quarantine upon arriving in NYS. Such short-term travelers, however, must get tested for COVID-19 four (4) days after entering NYS. Travelers who do not follow these protocols will have to quarantine for 14 days upon their arrival to NYS. Essential workers remain exempt from these protocols.



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Notice of NYC Safe and Sick Leave Rights for Employees


All NYC employers are required provide notice to their employees (part-time and full-time, including domestic workers) of their rights to sick and safe leave in NYC in accordance with the recently amended NYC Earned Safe and Sick Time Act (ESSTA). Employers can find this notice of safe and sick leave available in both English and Spanish on the official NYC website.

 For detailed information on the recently amended ESSTA, please read our latest blog post.


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Latest New Jersey Executive Order for Workforce
Protection During COVID-19 Pandemic


Governor Murphy signed Executive Order No. 192, which requires greater protections for employees as more individuals return to their worksites. Effective 6:00 a.m. on November 5, 2020, all NJ employers must follow, at minimum, the below protocols, which are described in greater detail in the Order:

Face masks & social distancing

  • Keep employees (and any other individuals present at the worksite) at least six (6) feet apart as much as possible.

  • Require employees and anyone entering the worksite to wear cloth or disposable face masks on the premises, pursuant to the Centers for Disease Control and Prevention (CDC) protocols. Employers can prevent entry to persons who refuse to wear a mask, unless doing so would violate any federal or state laws. Masks are not required for persons under two years old or when it would be impracticable (such as when a person is eating).

  • Allow employees to take off their face masks if 6-feet distance from others is maintained or when they are working alone in a walled office.

  • Provide masks to employees at the employer’s expense. If employers require employees to wear gloves on site, employers must also provide gloves to employees at the employer’s expense.

  • Employers must provide reasonable accommodations for persons who decline to wear a mask due to disabilities, unless such an accommodation would pose an undue hardship to the employer. Employers may ask their employees for medical documentation regarding such disability.

Hygiene & sanitization 

  • Provide approved sanitization materials at no cost to employees and other visitors to the worksite.

  • Encourage and ensure employees wash their hands regularly and allow sufficient time for employees to do so.

  • Frequently clean and disinfect all high-touch areas in the workplace (e.g., doorknobs, restrooms, safety equipment) pursuant to CDC and Department of Health (DOH) protocols.

Screenings & testing

  • Conduct daily health checks (e.g., temperature checks, self-assessment checklists) of employees before each shift consistent with all CDC guidance and in compliance with state and federal laws.

  • Promptly separate and send home employees who appear to have COVID-19-related symptoms, pursuant to CDC guidelines and in accordance with state and/or federal sick leave laws.

  • Promptly notify employees of any known COVID-19 exposure on the worksite and disinfect the worksite accordingly if an employee there was COVID-19-positive.

The Order states that it does not apply to essential workers (as listed in the Order) to the extent that it would interfere with their operational duties, and does not apply to religious institutions to the extent that it would prohibit the free exercise of religion.

The Order further directs the NJ Department of Labor & Workforce Development (NJ DOLWD) to develop training and notices for employers and employees. Individuals may complain to the NJ DOLWD regarding any violations of the Order and complaints will be investigated. 

 If you have further questions or concerns about the new developments in NYS, NYC, and NJ as detailed in this newsletter, please contact Chaim Book at cbook@mb-llp.com or Sheryl Galler at sgaller@mb-llp.com



Practice Areas
Recent Blog Post
Amended NYC Earned Safe and Sick Leave Act Effective...

The New York City Earned Sick and Safe Time Act (ESSTA) was amended by Senate Bill S7506B . Some of the amendments essentially mirror the new New York State Sick Leave law (NYSSL) .The amendments were signed into law on September 28, 2020 and...

Read more
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