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ten most recent state employment law articles Ten Most Recent State Law Articles

New York State Publishes Revised Proposed Regulations On Predictive Scheduling – Are You Ready?

Brody and Associates, LLC • January 22, 2019
On December 12, 2018, the New York State Department of Labor (“NYSDOL”) published revised proposed regulations on employer scheduling practices. These proposed regulations somewhat mirror New York City’s Fair Workweek Laws which have been in effect since November 2017, and which require certain fast food and retail employers to pay employees a “premium” for certain schedule practices. The effective date has yet to be announced.

California Enforces Arbitration Agreement with Staffing Agency in Favor of Worksite Employer

Jackson Lewis P.C. • January 20, 2019
An employer successfully compelled arbitration under an arbitration agreement that the plaintiff-workers had with their staffing agency, even though the staffing agency was not a defendant in the lawsuit.

New York Passes Bill Prohibiting Discrimination Based on Gender Identity or Expression

XpertHR • January 20, 2019
New York's legislature has passed a bill that would prohibit discrimination based on gender identity or expression and also categorize criminal offenses involving gender identity or expression as hate crimes subject to enhanced penalties.

Michigan Governor Furthers LGBT Protections in State Contracts and Bans State Agencies From Asking for Salary History

Ogletree Deakins • January 20, 2019
Hitting the ground running, Michigan’s new governor, Gretchen Whitmer, has imposed new requirements in the employment arena—but only for executive branch state employees and some contractors and grant and loan recipients. This could be a sign of things to come for employers everywhere in Michigan, or at least a sign of building momentum within the state government.

Time to Reset Your Anti-Harassment Training Schedule for Supervisory Employees in California

Littler Mendelson, P.C. • January 17, 2019
As California employers lay out their plans for compliance training in the coming year, the California Department of Fair Employment and Housing (DFEH) has clarified how to handle training supervisory employees who may have received AB 1825-compliant training sometime in 2018. The DFEH has taken the position that both supervisory and nonsupervisory employees who received sexual harassment prevention training in 2018 should receive it again in 2019.

We Have to Provide California Anti-Harassment Training Again?

Littler Mendelson, P.C. • January 17, 2019
Effective January 1, 2019, California SB 1343 greatly expanded Golden State employers' anti-harassment training requirements. The law not only extends coverage to employers with more than five employees, but it also mandates that employers provide anti-harassment training to all employees – not just supervisors – every two years. But what if an employer provided this training in 2018? Can the next training cycle wait until 2020? No, according to recent guidance from the California Department of Fair Employment and Housing (DFEH). In this podcast, Marissa Dragoo from the Littler Learning Group discusses potential SB 1343 compliance challenges with Littler Workplace Policy Institute members Bruce Sarchet and Corinn Jackson.

New York Bans Transgender Discrimination

Fisher Phillips • January 17, 2019
The New Year has brought long-awaited and historic change to the legal rights of the LBGTQ community in the Empire State. On January 15, the State Assembly and State Senate voted to pass the Gender Expression Non-Discrimination Act (GENDA). The statute, which had languished in the New York State legislature for the past 16 years, will protect transgender individuals from discrimination. Governor Andrew Cuomo applauded the legislation and has pledged to sign GENDA into law.

New York Passes Bill Prohibiting Discrimination Based on Gender Identity or Expression

XpertHR • January 17, 2019
New York's legislature has passed a bill that would prohibit discrimination based on gender identity or expression and also categorize criminal offenses involving gender identity or expression as hate crimes subject to enhanced penalties.

New Year, New Laws: Further Guidance on Complying With New York’s Anti–Sexual Harassment Laws

Ogletree Deakins • January 17, 2019
As we previously reported here, here, here, and here, New York State and New York City passed sweeping laws aimed at combating sexual harassment in the workplace last year. While many requirements of these laws already went into effect in 2018, the annual anti–sexual harassment training requirement under the Stop Sexual Harassment in New York City Act goes into effect on April 1, 2019. The New York City Commission on Human Rights has published a page of answers to frequently asked questions (FAQs) to provide some clarity about the law and the new training requirements. Below are some highlights from this guidance and discussion of other aspects of the New York City law and the New York State law.

Fashion Industry Impacted by New York's Amended Sexual Harassment Law

FordHarrison LLP • January 15, 2019
Executive Summary. In groundbreaking legislation last year, New York State amended its Human Rights Law ("NYSHRL") to prohibit sexual harassment against non-employees of all types, including models, stylists, and artists in the fashion industry who are classified (correctly or not) as independent contractors. Because of this amendment, “IRS Form 1099” workers throughout NYS will have the same sexual harassment and retaliation protections as “IRS Form W-2” employees. They can file internal sexual harassment claims with the talent agencies that assign them or the companies that actually engage them or file legal complaints with the NYS Division of Human Rights or in court. Businesses referring or engaging even one independent contractor are covered. For independent contractors who work in NYC, this amendment adds statewide protections to existing NYC sexual harassment protection under the NYC Human Rights law. (“NYCHRL”)