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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Your Guide to 4th of July Fun, Fireworks, and Celebrating Safely in Ontario County

June 30, 2025
The Fourth of July is almost here, and communities across Ontario County are gearing up for a weekend filled with parades, fireworks, and hometown celebrations. Whether you're heading out for live music and lawn games or simply enjoying time with friends and family, there are plenty of ways to celebrate locally. At Simco, we’re proud to support our neighbors with practical tips to enjoy the holiday safely, while making sure your insurance coverage is up to date and ready for the unexpected. Where to Watch Fireworks in Ontario County JULY 3 Farmington – Fireworks at dusk with food trucks and live music starting at 6 PM (Farmington Town Park) Honeoye Lake – The beloved “Ring of Fire” lights up the lake, with parking available at Sandy Bottom Park JULY 4 Canandaigua – Lincoln Hill Farms hosts an all-day celebration (1–10 PM) with fireworks after dark, music, games, and more. ($30 parking, cash only) JULY 5 Canandaigua North Shore – Keep the celebrations going with another round of fireworks at dark JULY 11 Geneva – Free Summerfest fireworks at 9:45 PM at the Geneva Recreation Center Parade Lineup JULY 3 Honeoye – Parade at 7 PM from United Church to Sandy Bottom Park. Stick around for the Honeoye Community Band and the Ring of Fire afterward! JULY 4 Canandaigua – The city’s annual 4th of July Parade kicks off at 10 AM from City Hall and heads south along Main Street JULY 12 Geneva – Firefighters Parade begins at 7 PM on Exchange Street, ending at the Geneva Rec Center for SummerFest festivities What Fireworks Are Legal in New York? While fireworks are a staple of July 4th, not everything that sparks and explodes is legal in New York State. Using illegal fireworks can actually void your insurance coverage if something goes wrong. What’s Allowed in NY: Ground-based or handheld sparkling devices (like cylindrical fountains or cones) Wooden sparklers/dipped sticks Party poppers Snappers (the small “pop” ones) What’s Not Allowed (and Not Covered): Aerial consumer fireworks Firecrackers Chasers Roman candles Skyrockets Bombs (even small ones!) Metal wire sparklers (they burn much hotter than they look) Quick Tip: If it launches into the sky or explodes, it’s not legal. Stick to sparklers and save yourself a potential insurance headache. Insurance Tips for a Safe Holiday A little awareness goes a long way in protecting your home, family, and peace of mind this 4th of July. Stay within NY guidelines. If an incident is caused by illegal fireworks, your insurer may deny the claim. Keep safety front and center. Supervise all activities involving sparklers or devices and keep water nearby for emergencies. Know what your policy covers. Not every homeowner’s policy includes damage from fireworks-related accidents. If you’re unsure, reach out. We’re happy to review your coverage. Report incidents quickly. Prompt reporting helps ensure claims are handled smoothly and effectively. From All of Us at Simco We’re wishing you a joyful, memorable, and safe Independence Day. Whether you’re lighting up the sky with sparklers or relaxing lakeside with family, we’re here to help you protect what matters most, before, during, and after the festivities. Have questions about your insurance coverage this summer? 📞 Call us at 585-394-5482 or visit our Contact Us page.

Understanding Accent Discrimination in the Workplace: How Employers Can Lead with Inclusion

June 25, 2025
As organizations continue to grow and diversify, the way we communicate at work is evolving, bringing new opportunities for inclusion as well as potential blind spots. One issue that often goes overlooked is accent discrimination: the tendency to judge, exclude, or undervalue individuals based on their speech patterns, dialect, or pronunciation. While accents are often rooted in geography, heritage, or culture, bias toward or against certain ways of speaking can influence decisions in hiring, promotions, evaluations, and daily interactions. For employers, particularly those in small to mid-sized organizations, understanding where this shows up and how to respond isn’t just about creating a respectful workplace. It’s also essential for risk mitigation and legal compliance. What Constitutes Accent Discrimination? Accent discrimination occurs when employees or candidates are treated unfairly due to the way they speak. This type of treatment may stem from overt, conscious bias, such as assuming someone is less capable based on how they sound, or from more subtle, unconscious preferences, like favoring those who speak in what’s perceived as a “standard” or “neutral” accent. Legally, accent-based discrimination can be considered a form of national origin discrimination, which is prohibited under Title VII of the Civil Rights Act. Many states reinforce these protections through their own civil rights laws. Employers should be aware that even unintentional practices, such as informal communication preferences or subjective feedback, can result in compliance issues or reputational damage. Clear Communication vs. Discriminatory Practice It is important to distinguish between legitimate communication needs and bias. In certain narrowly defined circumstances, an accent may be relevant to an employee’s ability to perform essential duties. For instance, in roles that require precise, real-time verbal communication, such as emergency response or high-risk operational jobs, an employer may need to assess whether a language barrier or speech pattern materially interferes with safety or accuracy. However, such evaluations must be backed by objective evidence and a clearly defined business necessity. Vague discomfort, personal preference, or client feedback based on unfamiliarity are not valid reasons to deny someone an opportunity. Any decision related to an accent must be both job-related and supported by measurable performance impacts. Standardize Hiring and Promotion Processes to Minimize Bias One of the most effective ways to reduce the risk of discrimination is by formalizing your hiring and promotion practices. Employers should examine whether their processes allow room for bias (conscious or unconscious) to influence decisions. Subjective impressions, especially in interviews or internal evaluations, can be disproportionately shaped by how a person speaks. To counteract this, companies should move toward structured, competency-based hiring frameworks. Use consistent criteria and scoring systems across all candidates, and rely on written assessments or role-specific tasks where appropriate. Similarly, promotions should be guided by documented performance metrics, not informal perceptions of professionalism or communication style. In doing so, not only do you reduce the chance for bias to affect outcomes, but you also make better staffing decisions that reflect skills, qualifications, and organizational fit: not speech patterns. Why This Matters More Now In today’s hybrid and remote work environments, the ability to navigate diverse communication styles has become even more important. With teams collaborating across geographic regions and cultural backgrounds, inclusivity in communication is essential for morale, cohesion, and productivity. Moreover, younger workers and job seekers are placing a high value on belonging and inclusion. Discriminatory or exclusionary behavior, intentional or not, can quickly erode trust and lead to disengagement or turnover, especially when tied to identity-based characteristics like accent or dialect. Employers who lead with fairness in communication are more likely to attract and retain talent, maintain strong teams, and avoid costly compliance missteps. Building a Culture Where All Voices Are Valued Ultimately, embracing different accents in the workplace is about genuine, judgment-free listening. Employers should encourage active listening practices, create space for respectful clarification when needed, and ensure employees feel safe speaking up, regardless of how they sound. Miscommunication is a solvable issue. Discrimination is not. Leaders who prioritize clarity, fairness, and consistency, rather than conformity, build workplaces that are both inclusive and high-performing. And the benefits go beyond compliance. They create environments where people thrive because they are heard and valued.

Balancing Holiday Time Off Requests Without Slowing Down Your Business

June 18, 2025
Between Independence Day, summer travel plans, and Labor Day on the horizon, time-off requests are about to pick up significantly, and with good reason. Employees need time to recharge, spend time with family, and enjoy the season. For employers, especially in small to mid-sized businesses, this means finding the delicate balance between fostering a supportive work culture that respects employees’ need for time away and managing the practical realities of maintaining adequate coverage, meeting deadlines, and keeping operations running smoothly. The good news? With thoughtful planning, clear communication, and the right tools in place, you can navigate this busy season effectively, ensuring your team gets the rest they deserve without compromising business continuity. Here are a few practical strategies to help you manage PTO during the summer months while keeping your business running smoothly:  1. Plan Early and Communicate Clearly Encourage employees to submit holiday PTO requests well in advance. Set a clear internal deadline (e.g., “All holiday time-off requests must be submitted by August 15”) and explain the process upfront, including: How requests will be reviewed and approved How overlapping requests will be handled Any blackout dates or essential coverage periods A clear and consistent approach eliminates guesswork, reduces friction, and helps everyone feel they’re being treated fairly. 2. Use a PTO Policy That Balances Fairness and Flexibility Your time-off policy should include guidelines for high-demand periods like Thanksgiving, Christmas, and New Year’s. Some companies use: First-come, first-served approvals A rotation system so everyone eventually gets prime time off A seniority or department-based system with built-in equity checks Whatever method you choose, consistency is key. A well-documented policy gives managers a framework to follow, and gives employees peace of mind that decisions are made justly, not arbitrarily. 3. Leverage Your HCM or Scheduling Technology If you're using a system like isolved , you already have powerful tools to streamline the PTO process. Automate request tracking, visualize department coverage in real time, and flag conflicts early to avoid blind spots. This gives HR and team leads the visibility they need to make smart, timely decisions. Bonus tip: Use system alerts to notify managers when coverage is thin, or configure it to close PTO windows automatically after a set date. These features take manual work off your plate while protecting productivity. 4. Cross-Train and Create Holiday Coverage Plans Rather than scrambling when someone’s out, prepare your team to adapt. Cross-train employees in advance so they can cover essential tasks if a teammate is unavailable. Before the busy season kicks in, put together a simple holiday coverage plan that outlines: Who will monitor essential tasks (client inquiries, payroll processing, etc.) What needs to get done and by whom each week Who’s available for backup support if needed A little upfront planning makes a big difference in keeping service levels steady during staff absences. 5. Appreciate Those Who Step Up Don’t let holiday contributions go unnoticed. Employees who work through the holidays or shift their schedules to ensure coverage deserve meaningful recognition. Consider: Spot bonuses or incentives Public recognition in a team meeting or internal email Additional time off (comp time) after the holidays Even small gestures show your team that their flexibility and dedication are valued, and that you see the extra effort. 6. Set Expectations With Clients (and With Your Team) If your operations will run on limited hours or staffing during the holidays, notify clients and partners well in advance. Clear communication avoids surprises and sets realistic expectations. Internally, define what’s essential versus what can wait, especially to avoid employees overworking during slower periods. When everyone understands what’s expected, your team can better prioritize, delegate, and breathe a little easier during the season. Final Thought: Flexibility Builds Loyalty The holiday season is a test of your workplace culture. How you support your team, especially when juggling competing needs, leaves a lasting impression. Even when saying no to a request, doing so with empathy and transparency reinforces a culture of trust, fairness, and respect. And in return, you'll see greater engagement, improved morale, and a team that’s ready to go the extra mile — during the holidays and beyond. Need help building better time-off workflows or updating your PTO policies before year-end? Simco’s HR and HCM experts are here to help. Let’s talk about how to balance compliance, efficiency, and employee satisfaction, all year round.

Have a question? Get in touch.