NYC Workplace Discrimination

Understanding Your Rights Under the New York HERO Act

July 30, 2024

author bio pic of Lily  Filippatos

Written by Lily Filippatos

Brought to you by Filippatos Employment Law, Litigation & ADR

The New York HERO Act, formally known as the Health and Essential Rights Act, represents a significant shift in workplace protections, especially in the wake of the COVID-19 pandemic. Enacted to safeguard employees from airborne infectious diseases, this legislation is crucial for both private sector employees and employers. Here’s a breakdown of what the HERO Act entails and how it affects your workplace.

What is the HERO Act?

The HERO Act, signed into law in May 2021, aims to enhance health and safety measures in workplaces across New York State. Its primary focus is on protecting workers from airborne infectious diseases, including COVID-19, by establishing comprehensive standards and protocols.

Who is Protected by the HERO Act?

The HERO Act covers a broad range of employees within the private sector. This includes anyone working for an organization that employs at least one person. Essentially, if you are a private sector employee in New York, the HERO Act is designed to safeguard your health and rights.

Key Provisions of the HERO Act

Model Airborne Infectious Disease Exposure Plans

One of the cornerstone features of the HERO Act is the requirement for employers to develop and implement Model Airborne Infectious Disease Exposure Plans. These plans are designed to address and mitigate the risks associated with airborne infectious diseases. Employers must follow standards set by the New York State Department of Labor to ensure these plans are comprehensive and effective.

Workplace Protections

Under the HERO Act, employers are mandated to provide necessary workplace protections, including personal protective equipment (PPE) and sanitizing supplies. Additionally, regular handwashing and sanitizing protocols are required to maintain a clean and safe working environment.

Rights and Responsibilities

If you believe your employer is not adhering to the HERO Act’s provisions, it is crucial to consult with workers’ rights attorneys. These legal professionals can help you understand your rights, navigate any workplace violations, and seek remedies if your rights are compromised.

Worker Committees

The HERO Act also emphasizes the establishment of worker committees. These committees are designed to give employees a voice in the development and implementation of workplace safety plans. They play a critical role in ensuring that health and safety standards are met and maintained.

Addressing Workplace Violations

If you suspect that your workplace is not complying with the HERO Act’s standards, you have the right to report these violations. The New York State Department of Labor is responsible for enforcing these standards, and they offer mechanisms for employees to file complaints. It’s essential to document any violations and report them promptly to protect your health and the safety of your colleagues.

The Role of the Essential Worker’s Coalition

The Essential Worker’s Coalition has been instrumental in advocating for the rights of workers during the pandemic. This coalition supports the enforcement of the HERO Act and provides resources and assistance for employees who may be experiencing rights violations.

Know Your Rights Under the HERO Act

The New York HERO Act is a critical piece of legislation designed to enhance workplace safety and protect employees from airborne infectious diseases. By understanding your rights under this law and knowing how to address potential violations, you can ensure a safer working environment for yourself and your colleagues. If you have any concerns or need legal guidance, consulting with employment attorneys is a vital step in advocating for your health and safety at work.

Stay informed and proactive about your rights under the HERO Act to help foster a safer and more secure workplace for everyone.

Call Us

We at Filippatos PLLC stand in proud solidarity with all employees. If you are experiencing issues at work pertaining to the New York HERO Act, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.