Maybe, if the construction is deemed “emergency construction” or “essential construction.” And the state has revised its “essential service” guidance, shutting down all other “non-essential” construction. “Emergency construction” includes projects necessary to protect the health and safety of occupants or continuing a project that cannot be left unfinished until the point where it is safe to shut down the site. “Essential construction” includes roads, bridges, transit facilities, utilities, hospitals or healthcare facilities, affordable housing, and homeless shelters. “Construction work” does not include a single worker who is the sole employee/worker on a job site.

Sites, even if open, must still maintain distance and safety best practices, including maintaining social distancing (which includes elevators, meals, entry, and exit). The state/local government is mandated to close sites that cannot maintain such best practices, and fines of up to $10,000 per violation may be levied.

Yes – and this is a change. While New York State law only applied if your sick employee was out “subject to a mandatory or precautionary order of quarantine or isolation,” a new federal law may allow such an employee to take paid sick leave under more general circumstances (see below).

Yes. The Families First Coronavirus Response Act (FFCRA) now provides for COVID-19 related paid sick leave. It takes precedence over, or “preempts” the recent New York State law.

FFCRA applies to COVID-19 related sick leave taken by employees between April 1, 2020 and December 31, 2020.

The New York State law, as described in the next section. >> link to Section 2

For contractors with under 500 employees, up to two weeks (80 hours) of paid sick leave for any one of six qualifying reasons related to COVID-19, including whether an employee is “experiencing COVID-19 symptoms and is seeking a medical diagnosis.” The law does not apply to companies with more than 500 employees.

Yes.

For a sick employee taking care of themselves, up to $511 per day or a maximum of $5,110 over the entire paid sick leave period; for an employee taking care of another, up to $200 per day or a maximum of $2,000 over the entire paid sick leave period.

The employer, BUT your company will receive 100% reimbursement from the IRS, offset against payroll taxes that you owe.

Yes.

No, there is no CBA “carve-out” under the new federal law.

No, other than to say it does not prohibit your CBA from providing benefits that exceed what is mandated in the new federal law.

Yes, it also provides for expanded emergency family and medical leave.

Yes, under certain circumstances, see Section 2:  NYS State Paid Sick Leave Law

In addition to paid sick leave, there are Emergency Federal Family and Medical Leave Expansion Act benefits.

New York State law still applies to 1) companies with more than 500 employees; and 2) companies, whatever the size, in instances where mandated benefits under state law exceed mandated benefits under federal law. In these instances, the employer is responsible for the difference.

The NYS Department of Labor has issued guidance for employers about this, detailed here.

Yes, the New York State law is less likely to impact your company if you have less than 500 employees.

You can voluntarily send them home, or they can decide to go home. If they are entitled to sick time (or vacation/personal time) pursuant to a collective bargaining agreement (CBA), they can access that time as per the terms of the CBA.

Contractors with 10 or fewer employees and net income less than $1 million in the preceding year, unlimited unpaid sick leave for as long as the employee is out on quarantine; contractors with 10 or fewer employees and net income greater than $1 million, 5 days of paid sick leave; contractors with 11-99 employees, 5 days of paid sick leave; and contractors with 100 or more employees, 14 days of paid sick leave.]

A combination of Unemployment Insurance, Temporary Disability, Workers’ Compensation and Paid Family Leave benefits are available,

As mentioned above, a combination of state and federal programs (Unemployment Insurance, Temporary Disability, Workers’ Compensation, Paid Family Leave, Emergency Federal Family Medical Leave) will kick in.

There is a  state bill (S.7506-B) that would expand “general” paid sick leave statewide, but this bill contains a carve-out for your existing CBA. The legislature will likely pass this bill soon, as part of the 2020-21 state budget.

There is a lot of information out there, and some of it (especially the relationship between the new federal and state paid sick leave laws) can be confusing.