EMPLOYMENT LAWS

The announcement from Governor Cuomo that fully vaccinated people no longer need to wear a mask or physically distance in certain settings was a welcome relief for GNYADA members and a hopeful sign that we have turned a corner in the fight against the COVID-19 pandemic.

Last week, Governor Cuomo signed the New York Health and Essential Rights Act (HERO Act) into law, making NY the first state to put healthcare protections imposed during the COVID crisis into permanent law. The HERO Act imposes two significant changes on all private-sector employers.

Earlier this month, Governor Cuomo approved a law that all New York employers must provide employees with up to four hours of paid time off for each COVID-19 vaccination. The new law became effective on the date signed, March 12, 2021.

During this winter storm season dealers are reminded to be aware of local code requirements concerning snow removal. Dealers should also alert employees about dealership policies during severe weather.

Be sure to replenish the supplies needed for snow removal equipment and ice melt with GNYADA’s vendors.

The state’s COVID guidelines have directed dealers to contact state health officials in addition to their local health department when the dealer learns of a COVID-19 case in the workplace. But dealers have reported to GNYADA, that the State Health Department has instructed dealers that they only need to contact their local health agency.

New Yorkers exposed to COVID may be able to spend a little less time locked down going forward.

This year we all had to learn about rules for quarantine and know what to do when an employee is exposed to COVID-19 or test positive for COVID-19. There was financial relief with a whole new set of vocabulary words too. Keeping up with new words and acronyms has been a challenge in 2020. Below, GNYADA has compiled some of the common terms used this year to help you keep up.

During a Press Conference on December 9th, Governor Cuomo announced that the State’s COVID-19 positivity rate is 5.44%, a slight decrease from 5.74% a day earlier. The Governor then went into more detail about the State’s vaccination distribution plan.

One of the common questions we receive at the Association is what to do when an Employee tests positive for COVID-19. GNYADA has put together step-by-step instructions to provide guidance to dealers when one or more employees tests positive, becomes symptomatic, and/or are exposed to COVID-19.

GNYADA has joined forces with Cox Automotive to offer dealers quick and effective Vehicle Sanitization and Disinfection Solutions.

A recent NYS Executive Order that tightened restrictions on businesses in so-called COVID-19 “Red Zones” has been challenged by a NYC dealership in Federal Court in Brooklyn.

In March, Governor Cuomo issued an Executive Order temporarily suspending annual safety/emission inspection requirements in order to encourage New Yorkers to stay home during the height of the pandemic.

That Executive Order is set to expire on November 3, 2020 which will reinstate the annual inspection requirement.

According to a story that appeared in the Daily Gazette, a dealer in Albany was investigated by the County Department of Health concerning a spike in COVID-19 cases traced back to the dealership.

COVID numbers in parts of New York have again spiked over the last few weeks, which prompted Governor Andrew Cuomo to take new action this week to try and bring the new spread under control. Some of these actions affect some dealers in NYC and Rockland and Orange Counties.

Earlier this year DMV implemented new rules that require dealers to use eMV-50s for all transfers in VERIFI – including both in-state and out-of-state transactions. That change makes it easy for DMV to know when a dealer uses a paper MV-50 to process a transfer. Violations of these new rules can cost dealers $1,000 for each misuse of paper MV-50s.

GNYADA Newsletter

September 2020

On Friday evening, August 28th, 2020, the IRS and Department of the Treasury released Notice 2020-65 providing brief guidance as it relates to the August 8th, 2020 executive order allowing for a potential employee payroll tax deferral.

As part of your dealership Safety Plan you are required to display specific signs throughout your facility to remind employees and customers about certain safety protocols you have in place. GNYADA has prepared individual and a multi-sign poster for you to download and use at your dealership.

GNYADA Newsletter

July 2020

Since COVID-19 hit, GNYADA has been holding weekly webinars with some of our most prestigious partners to help dealers through the myriad of issues arising from the pandemic. These webinars have become affectionately known as "Bagels with Bieber".  

The Equal Employment Opportunity Commission (EEOC) has changed is guidance regarding temperature taking of employee’s as they return to the dealership.  

GNYADA understands that dealers are making very difficult decisions regarding whether to continue operating during this ongoing public health crisis. If a dealer decides to shut down during the crisis, generally, the dealer would still be responsible to continue to pay benefits for anyone who was an employee on the date of closure.

There are several employment laws to keep in mind as you prepare for any disruption at your dealership from the coronavirus, especially managing payment of wages for exempt and hourly employees. Below are some of the rules along with answers to some common questions that dealers are asking:

The most recent Executive Order Governor Cuomo put into place calls for all non-essential businesses shut, leaving dealers with questions on what to do with their employees. As dealers are forced to decide what to do with non-essential staff several questions arise about dealer obligations relating to pay, layoffs or furloughs.

As concerns over the Coronavirus mount, dealers understandingly have been calling GNYADA’s hotline with lots of questions. Below are 10 of the most common questions and their answers.

New York State has issued a travel advisory for anyone coming to New York after travel to states that are not contiguous to New York

NYS DOL created a FAQs document that provides more information about Pandemic Unemployment Assistance, Pandemic Unemployment Compensation, and Pandemic Emergency Unemployment Compensation.

On March 25, the U.S. Department of Labor's (DOL's) Wage and Hour Division published workplace posters that small and midsize employers can use to fulfill their obligations to notify employees of their rights to expanded paid sick leave and expanded paid Family and Medical Leave Act leave under the Families First Coronavirus Response Act (FFCRA).

The Worker Adjustment and Retraining Notification (WARN) Act helps ensure advance notice in cases of qualified plant closings and mass layoffs. The U.S. Department of Labor has compliance assistance materials to help workers and employers understand their rights and responsibilities under the provisions of WARN. This guide provides a brief overview of the WARN Act provisions and answers to frequently asked questions about employer responsibilities and requirements.

The attached Insurance Carrier Enhancement COVID-19 was put together to highlight the updates carriers have made to their plans including Telemedicine, Free COVID-19 Testing, waived copay & cost-sharing, RX information, and links to the carriers Resource Centers.

The COVID-19 pandemic has forced dealers to examine operating costs and responsibilities, below GNYADA’s Insurance Brokerage responds to several questions members have asked relating to Workers’ Compensation.

The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstance.