Legal Analysis of Gov. Hochul’s Enforcement of New York State’s HERO Act

New York State Governor Kathy Hochul recently signed a directive that requires businesses in New York State to implement specific workplace safety plans. This directive enforces regulations set forth in the New York Health and Essential Rights Act, also known as the HERO Act. The HERO Act was put in place in response to the COVID-19 pandemic.

WGRZ 2 On Your Side anchor Scott Levin recently interviewed attorney Barry N. Covert to provide legal analysis regarding enforcement of New York State’s HERO Act. During the interview, Mr. Covert discussed the potential implications the HERO Act will have on New York State businesses, the liability the HERO Act may create for employers, and the possibility of a legal challenge to the HERO Act.

Continuing reading for portions of Barry Covert’s comments and click the video below to watch the full interview with WGRZ’s Scott Levin.
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In Memory of Carl A. Green

Lipsitz Green Scime Cambria mourns the loss of one of its founding Partners, Carl A. Green, who passed away on July 11, 2020 at the age of 92. Over his career that spanned nearly 60 years, Mr. Green was known as a masterful trial lawyer, a crusader for workers exposed to asbestos, an advocate for union officials, and an esteemed mentor to young lawyers who worked under his tutelage.
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Trusted Traveler Program Applications Suspended for New York State Residents

Screenshot of Barry Covert Providing Legal Analysis to WGRZ on Trusted Traveler Program Application Suspension

The Department of Homeland Security recently announced that it is suspending applications for Trusted Traveler Programs from residents of New York State. Trusted Traveler Programs, such as NEXUS and other global entry, allows for an expedited process for pre-screened travelers who are traveling between the United States and Canada.

As reported by WGRZ 2 On Your Side, the federal government cited New York State’s recently enacted Green Light Law as the reason for suspending Trusted Traveler Program applications from New York State residents. The Green Light Law allows illegal aliens, who are residing in New York State, to receive a state issued driver’s license. In addition, the Green Light Law prohibits New York State DMV data from being shared with federal law enforcement agencies such as Homeland Security and Immigration and Customs Enforcement.

New York State officials who support the Green Light Law argue that other states already have similar laws in place and DMV data is not needed for the extensive screening process that is required for applicants of Trust Traveler Programs such as NEXUS. State and local officials who opposed the Green Light Law argue that the Department of Homeland Security’s actions indicate the law should be repealed.
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