Governor Cuomo has signed S.1034-B/A.2681-B, dubbed the “HERO Act,” with a commitment on a number of chapter amendments that are expected to be passed within the next several session days. The Business Council and other employer advocacy groups opposed this legislation as unnecessary to address workplace hazards and as an undue burden on small business. The bill has three major components. First, it directs the Department of Labor, with input from the Health Department, to issue workplace protocols to protect employees and customers from airborne pathogens that pose a significant risk to public health. Employers would have to adopt implementation plans within 30 days of their issuance. Second, it authorizes employees to sue employers for alleged violations of these protocols. Third, it requires employers to “permit” employees to create joint labor-management safety committees at each worksite with at least ten employees. We were able to secure several late concessions that will limit adverse impacts. Most significantly, the bill requires notice to employers and a 30 day “cure period” before any litigation can be commenced, and it eliminates the ability to recovery liquidated damages (which were up to $20,000 per violation in the original bill). These, and several other lesser amendments, were pushed by the Administration based on our input, and while the Senate was open to some of our proposals, the Assembly was generally non-responsive. We will be providing additional details once the chapter amendment legislation is introduced.