NY HERO Act – Deadline to Implement Coming September 5
August 26, 2021
NY HERO Act – Deadline to Implement Coming September 5

If the Covid-19 pandemic has taught us anything, it has taught us to be prepared for the next pandemic. We don’t want to live in constant fear of how we can stay safe and healthy at work, so that’s why the New York Health and Essential Rights Act (NY HERO Act) was signed into law on May 5, 2021. Employers have a responsibility to protect their employees from exposure to an airborne infectious disease. By acting quickly and implementing health and safety standards, we can hopefully prevent the loss of productive work time, and in turn, the loss of business revenue.


As I detailed in my previous blog post, on July 6, 2021, the New York State Department of Labor (NYS DOL) in conjunction with the New York State Department of Health (DOH), released its Airborne Infectious Disease Exposure Prevention Standard (the “general standard”), an Airborne Infectious Disease Exposure Prevention Plan (the “model”), and eleven New York State industry-specific templates. Together, these form the basis for the NY HERO Act.


An airborne infectious disease exposure prevention plan only goes into effect when the New York State Commissioner of Health determines that a highly contagious communicable disease poses grave risk to public health, much like Covid-19; however, there is no such prevention plan in effect at this time.

 

Employers Must Pick a Prevention Plan

As of August 5, 2021, all employers were required to adopt either the “Model” template or one of the following 11 New York State Industry-Specific Exposure Prevention Plan templates. These templates are for “industries representing a significant portion of the workforce, or those with unique characteristics requiring distinct standards:”

•       Agriculture

•       Construction

•       Delivery Services

•       Domestic Workers

•       Emergency Response

•       Food Services

•       Manufacturing and Industry

•       Personal Services

•       Private Education

•       Private Transportation

•       Retail


Every employer must adopt a template or develop their own plan that meets or exceeds New York’s standards. If you haven’t done that yet, Saturday, September 4, 2021 (best by Friday, September 3, 2021), is the deadline to verbally communicate the plan to all employees, including all full and part-time employees, independent contractors, individuals working for digital applications or platforms, workers hired through a staffing agency, and domestic workers (cited here). This communication can either be done in-person, in writing, or if employees are still working remotely, via audio or video conference.


In addition, the plan must be posted in a highly visibly and prominent location in the workplace, and it must be included in your Employee Handbook if you have one. It must also be provided upon request to all employees, employee representatives, independent contractors, collective bargaining representatives, the New York State Department of Labor (NYS DOL), and the New York State Department of Health (NYS DOH).


Effective November 1, 2021, if you happen to be an employer of ten or more employees, you must allow employees to create a joint labor-management workplace safety committee to evaluate health and safety issues and develop or evaluate current workplace health and safety policies. Only one committee per worksite is required, and if the employer already has a safety committee in place that meets the state’s requirements, they are exempt from creating another one. The committee must be comprised of employer and employee designees, with at least two-thirds non-supervisory employees who are chosen by non-supervisory employees. If a collective bargaining agreement exists, the collective bargaining representative will choose the members. The plan also allows for, but does not require, the creation of multiple committees for multiple worksites, if more than one worksite exists. Employers are prohibited from interfering with the selection of committee members.


What are the Requirements of the HERO Act?


As part of the Airborne Infectious Disease Exposure Prevention Standard, all employers must assess the types of exposure risks for employees in performing all activities at a worksite. Controls that will be added as part of a company’s exposure plan include:


•       Employee health screenings

•       Face coverings

•       Physical distancing

•       Hand hygiene and sanitizing facilities

•       Cleaning and disinfecting of shared equipment and frequently touched surfaces

•       Personal Protective Equipment (PPE), such as masks, gloves, face shields, etc.

•       Compliance with orders of isolation or quarantine

•       Compliance with applicable engineering controls, such as proper air flow or ventilation

•       Designation of supervisory employee(s) to enforce compliance with the plan and related applicable laws

•       Compliance with applicable notification laws, rules, regulations, standards, and guidance

•       Verbal review of infectious disease standards, employer policies, and employee rights


Consequences for Not Implementing an Exposure Prevention Plan

The New York State Commissioner of Health could assess civil penalties in the amount of $50 per day for the employer’s failure to adopt a plan. If a company has a plan in place, but refuses to follow it during an airborne infectious disease period, they could incur civil fines anywhere between $1,000-$10,000. These fines may increase for repeated plan violations. The NY HERO Act also permits employees (in some cases) “to seek injunctive relief and for the courts to award costs, including attorneys’ fees; however, if an employee brings a frivolous claim under the statute, the employer can be awarded costs and attorneys’ fees against the employee or against the employee’s attorney, or both.” (Littler)


According to the article by Littler, New York HERO Act Requires Workplace Safety Measures,


“An employee may bring a civil action seeking injunctive relief against an employer for violating the airborne infectious disease exposure prevention plan “in a manner that creates a substantial probability that death or serious physical harm could result to the employee from a condition which exists, or from one or more practices … which have been adopted or are in use, by the employer at the work site, unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.


Before bringing a civil action, an employee must give the employer notice of the alleged violation so the employer has an opportunity to cure it. An employee may not bring a civil action until thirty days after giving the employer notice of the alleged violation, except where an employee alleges with particularity that the employer has demonstrated an unwillingness to cure a violation in bad faith, and may not bring a civil action if the employer corrects the alleged violation.”


A civil action must be filed no later than six months from the date the employee knew of the alleged violation.


SimcoHR Can Help!

SimcoHR will provide any assistance in helping employers develop and implement a plan that meets or exceeds the New York State Department of Labor standards. In addition, we can work with you to distribute the plan to your employees and update your Employee Handbook accordingly and hopefully generate greater employee involvement in the health and safety measures within the workplace. Let us know how we can help!


Read More:  The New York State HERO Act - What Employers Need to Know.

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October 3, 2025
At Simco, we’re proud to be a trusted isolved Network Partner , which means the Human Capital Management (HCM) technology we deliver to our clients is powered by isolved People Cloud™. And now there’s even more reason to celebrate: isolved has been recognized as the #1 SMB HCM provider across the entire employee lifecycle in Sapient Insights Group’s 28th Annual HR Systems Survey. This annual survey is one of the most respected benchmarks in the HR technology industry. With feedback from over 4,500 HR professionals, Sapient Insights captures the real voice of the customer by evaluating vendors across two critical areas: User Experience (UX) and Vendor Satisfaction (VS). isolved earned an impressive 38 badges this year, the most awarded SMB vendor for the second year in a row, and ranked #1 in 13 different SMB categories . Breaking Down the Results isolved’s recognition wasn’t limited to a single function. It spanned the entire employee lifecycle, covering everything from payroll and benefits to recruiting and workforce management. Highlights from the survey include: Payroll — Ranked #1 in both User Experience and Vendor Satisfaction for SMBs Core HR — #1 in Vendor Satisfaction Benefits — #1 in User Experience Recruiting — #1 in both User Experience and Vendor Satisfaction Time & Attendance — #1 in both User Experience and Vendor Satisfaction Skills Management — #1 in User Experience Rewards & Recognition — #1 in User Experience In addition, isolved placed in the Top 5 across numerous other categories like onboarding, learning, performance management, workforce scheduling, and contingent management. What does this mean? isolved’s solution isn’t just strong in one area, it’s consistently delivering across all the areas that matter most for small and mid-sized businesses. Why This Matters for SMBs Today’s SMBs face more challenges than ever. Recruiting is competitive, employee expectations are higher, and compliance requirements grow more complex every year. Business owners often find themselves piecing together multiple vendors to handle payroll, HR, benefits, and insurance, adding complexity and risk. isolved’s sweep across the Sapient Insights report shows that SMBs no longer have to choose between great payroll software and effective talent tools, or between benefits management and workforce scheduling. With isolved, the technology already covers the full employee lifecycle, validated by real-world HR pros. From Recognition to Results isolved’s 38 badges and top rankings validate what our clients experience every day: Accuracy and trust in payroll with fewer errors and compliance risks. Simplified benefits administration that keeps employees happy and businesses competitive. Recruiting and onboarding tools that make hiring more effective. Time and scheduling solutions that align workforce needs with operational efficiency. These results aren’t just about technology; they’re about enabling SMBs to compete, thrive, and support their people better. The Simco Advantage: More Than Just Software Here’s the ultimate key: technology is only half of the solution. Technology is powerful, but the real impact comes from how it’s put into practice. At Simco, we go beyond simply providing software. We deliver a fully integrated HCM and advisory solution that ties every part of workforce management together. Here’s what sets us apart: One Point of Contact: A dedicated resource who understands your business and ensures your HCM, HR, benefits, insurance, and retirement services work in sync. All-in-One Partner: From payroll and HR to insurance and 401(k) plans, we eliminate the hassle of juggling multiple vendors. Advisory + Optimization: We don’t just implement technology. We guide you in using it to strengthen compliance, employee engagement, and growth strategies. As your business grows, your needs change. By pairing isolved’s award-winning technology with Simco’s hands-on expertise, we help you stay ahead, operate more efficiently, and build better employee experiences. Key Takeaways isolved’s recognition in the Sapient Insights report shows that SMBs have access to enterprise-grade HR technology tailored for their needs. And with Simco as your partner, you’ll never have to choose between the strength of your platform and the quality of your service; you’ll have both. Want to see how Simco + isolved can streamline your payroll, HR, benefits, and more? Contact us today.
Top 5 Cybersecurity Mistakes That Put Your Business at Risk
October 1, 2025
In today’s digital-first world, small and mid-sized businesses are just as vulnerable, if not more so, than large corporations when it comes to cyberattacks. Limited budgets, fewer in-house IT resources, and the perception of being “too small to target” often leave business owners dangerously exposed. The reality? Hackers don’t discriminate based on size; they look for the easiest entry points. Here are the top five mistakes businesses make, how to avoid them, and what steps you can take today to protect your company, your employees, and your bottom line. 1. Relying on Weak or Outdated Passwords Passwords are often the first line of defense, and also the weakest. Too many businesses rely on simple or reused passwords that can be cracked in seconds with modern tools. The Modern MFA Landscape While passwords remain standard, multi-factor authentication (MFA) has become the new baseline. However, how you implement MFA matters: Avoid email for MFA codes. If a phishing attack compromises an employee’s inbox, bad actors can intercept the code and access sensitive systems. SMS is better but not bulletproof. Text messages provide an extra layer of security but can still be intercepted. Authenticator apps are the gold standard. Tools like Authy, Microsoft Authenticator, or Google Authenticator create time-based one-time codes that aren’t tied to email or SMS. Forward-looking companies are also exploring passwordless authentication, a model that reduces dependence on static credentials altogether. Until then, tightening password hygiene and upgrading MFA methods should be immediate priorities. 2. Overlooking Employee Training Even the most advanced cybersecurity tools can’t stop an employee from clicking a malicious link or downloading infected files. Human error remains the biggest vulnerability in most organizations. What Employees Need to Know Instead of broad, once-a-year sessions, ongoing training should focus on real-world risks employees face daily. Consider including: How to spot suspicious links and attachments Why “urgent” or “CEO fraud” emails are red flags Safe internet practices for remote or hybrid workers How to report suspicious activity without fear of blame Building a Culture of Cyber Awareness Cybersecurity isn’t just an IT issue; it’s a company-wide culture. Leadership should model secure behavior and celebrate employees who catch threats. Over time, security becomes second nature rather than an afterthought. 3. Neglecting Regular Software Updates Software vendors release updates for a reason: to fix vulnerabilities. Delaying or ignoring these updates gives hackers a direct pathway into your systems. The Risk of Outdated Systems Running outdated operating systems, browsers, or applications often leaves “open doors” attackers can exploit. Businesses that don’t patch quickly enough have been at the center of major breaches. Automating updates or assigning a designated IT contact for patch management ensures vulnerabilities are closed before they can be exploited. Even for smaller businesses without dedicated IT staff, outsourced providers or managed IT services can fill this role affordably. 4. Failing to Prepare an Incident Response Plan (IRP) Too many businesses wait until a breach happens to figure out how to respond. By then, panic sets in, time is lost, and the financial damage increases. Why an IRP Matters An Incident Response Plan is essentially a playbook for what your business will do in the first 24–72 hours after an attack. It should outline: Who is responsible for containment and communication Steps for isolating affected systems Legal or regulatory reporting requirements How to restore backups and resume operations Tip: Run Cybersecurity Fire Drills Just like fire drills, businesses should run simulated cyber incidents. Testing your IRP helps employees understand their roles and uncovers gaps before a real attack occurs. 5. Assuming Insurance Alone Is Enough Some business owners mistakenly believe their general liability insurance will cover cyber-related losses. Unfortunately, most policies exclude data breaches, ransomware, or social engineering scams. The Role of Cyber Liability Insurance Cyber liability insurance fills these gaps by covering costs like forensic investigations, customer notifications, legal fees, regulatory fines, and even ransom payments (where legal). For small businesses, this coverage can mean the difference between survival and bankruptcy after a breach. But insurance should never replace prevention. Instead, think of it as a financial safety net that complements strong security practices, not one that replaces them. Click here to learn more about how Simco’s Commercial Insurance team can help protect your business with cyber and data breach coverage and beyond. Secure Your Business for the Future Cybersecurity is no longer optional for businesses; it’s a core part of protecting your employees, customers, and reputation. By addressing these five common mistakes, you’ll not only reduce your risk of an attack but also build trust with clients who want assurance that their data is safe in your hands. Taking proactive steps now, including strengthening authentication, investing in training, creating an IRP, and supplementing with cyber liability insurance, can save untold amounts of money, stress, and reputational damage later.
September 23, 2025
Open Enrollment season is just around the corner, running from October 15 to December 7 for Medicare and November 1 to January 15 for Marketplace/individual health plans (NYSOH in New York) . This is the annual window when you can review, change, or enroll in health insurance and Medicare coverage. But with deadlines, plan changes, and fine print to consider, many people unintentionally leave themselves exposed to gaps in coverage: periods when they aren’t insured. These gaps can lead to unexpected costs, denied claims, and stress for you and your family. Here’s how to make sure your coverage is seamless heading into 2026. 1. Know Your Enrollment Dates Missing the open enrollment deadlines is the most common cause of coverage gaps. Mark your calendar for: Medicare Open Enrollment : October 15 – December 7, 2025 Health Insurance Marketplace (NYSOH in NY) : November 1, 2025 – January 15, 2026 Employer-Sponsored Benefits : Dates vary by employer Tip: Don’t wait until the last week. Plans can take time to process, and waiting until December may mean your new coverage isn’t active on January 1. 2. Review Any Notices From Your Current Plan Insurance companies often send letters in the fall about plan changes for the upcoming year. Some plans are discontinued, premiums may rise, or provider networks may shrink. If you ignore these notices, you could roll into a plan that doesn’t meet your needs, or worse, be left without coverage. Check your mail and email for plan notices and share them with a licensed agent if you need help understanding the changes. 3. Don’t Assume Last Year’s Plan Is Still Best Healthcare needs change year to year, and so do insurance options. Prescriptions, providers, or even your financial situation may mean another plan is a better fit. Sticking with last year’s plan without comparing options could result in higher costs or limited benefits. Make a list of your current doctors, prescriptions, and expected healthcare needs for 2026. Use this to compare plans carefully. 4. Watch for Coverage Overlaps or Lapses Switching from one plan to another? Be mindful of dates. Sometimes old coverage ends before new coverage begins, leaving a gap. Other times, both plans overlap, causing billing confusion. Confirm your effective date for the new policy. For most enrollments completed by December 7 (Medicare) or December 15 (Marketplace), coverage will start January 1. 5. Get Help From a Licensed Professional Navigating Medicare Advantage, Part D, Medigap, or Marketplace health plans can feel overwhelming. Working with a licensed agent can help ensure your coverage aligns with your needs, and that you won’t face any surprises when you need care. Reach out to Simco’s licensed agents for one-on-one guidance. We’ll walk you through your options and help you avoid coverage gaps. Final Thoughts Avoiding gaps in coverage during open enrollment comes down to being proactive, reviewing your options, and enrolling on time. Don’t wait until the last minute. Give yourself the peace of mind that you and your family will be covered heading into 2026. Simco’s licensed agents are here to help. Whether you’re reviewing Medicare plans, Marketplace options, or supplemental coverage, we’ll make sure you stay protected without interruption. Contact us today to schedule your coverage review before open enrollment begins.

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