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Total Articles: 10

Ban the Box Legislation Gains Steam

The Westchester County Board of Legislation recently passed legislation banning the box — that is, removing the checkable criminal record box from employment applications. The law, which is expected to be signed by the Westchester County Executive and go into effect 90 days later, would prohibit inquiries about an applicant’s criminal conviction or arrest record on employment applications. Several states, counties, and cities across the nation have enacted Ban the Box legislation, and the trend is expected to continue to rise.

Ban the Box Legislation Continues to Gain Steam (Westchester County)

The Westchester County Board of Legislation recently passed legislation banning the box — that is, removing the checkable criminal record box from employment applications. The law, which is expected to be signed by the Westchester County Executive and go into effect 90 days later, would prohibit inquiries about an applicant’s criminal conviction or arrest record on employment applications. Several states, counties, and cities across the nation have enacted Ban the Box legislation, and the trend is expected to continue to rise.

Updated Proposed New York Call-In Pay Regulations Released

Just over a year has passed since the New York Department of Labor (DOL) released proposed regulations that would require employers to pay employees who are called in to work without appropriate notice or whose schedules are not set in advance, referring to this guarantee as “call in pay,” “on call scheduling,” or “just in time” pay

Suffolk County Enacts Salary History Ban

On November 30, 2018, Suffolk County of Long Island, New York joined other municipalities and states across the country when it unanimously enacted the Restricting Information on Salaries and Earnings (RISE) Act, prohibiting employers in Suffolk County from requesting or seeking wage histories of job applicants during the interview and hiring process.

New York State Department of Labor Issues Revised Proposed ‘Predictive Scheduling’ Regulations

The New York State Department of Labor (NYSDOL) has issued sweeping proposed regulations addressing worker scheduling practices that will affect most employers in the state (though employers covered by the Hospitality Wage Order — hotels and restaurants — are not covered by the current proposed regulations).

New York Agency Renews Effort to Promulgate State-Wide Predictable Scheduling

On December 7, 2018, the New York Department of Labor (NYDOL) proposed a new set of “predictable scheduling” regulations in an effort to discourage on-call shifts and require employers to pay employees for cancelled shifts.1 With this new proposal, employers have another opportunity to comment on the regulations before they are finalized.

Suffolk County Set to Become the Fourth New York Jurisdiction to Ban Salary History Inquiries

Suffolk County, New York has passed a law making it unlawful for employers and employment agencies with four or more employees to inquire about a job applicant’s salary history or otherwise to rely on such information in setting a new employee’s compensation. Entitled A Local Law to Restrict Information Regarding Salary and Earnings (“RISE Act”), this new law is designed to “help break the cycle of wage discrimination and close the wage gap” for statistically underpaid individuals, such as women and racial and ethnic minorities. This is similar to measures that have already been enacted in New York City, Westchester County, and Albany County. It will go into effect on June 30, 2019.

New York Revises Employee Scheduling Proposal

The New York State Department of Labor (NYSDOL) has revised its proposal for expanding the state's show-up time / reporting time requirements, which the NYSDOL refers to as "call-in pay."

Salary History Law Trend Continuing as 2018 Draws to a Close

Suffolk County, New York has become the latest locality to enact a law banning employers from asking job applicants about their salary history or relying on their salary history at any stage in the hiring process. The salary history inquiry ban takes effect June 30, 2019, and also extends to benefits.

New York City Sets Nation’s First-Ever Gig Economy Minimum Wage

We’ve been expecting this since August, when the New York City Council passed a proposal establishing that ride-sharing driver should earn a minimum rate of pay, the first such minimum wage in the nation. Today, the other shoe dropped and the minimum wage was set.