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State Employment Law Articles
Article Index » new york » human resources
Report Link Independent Contractor Or Employee? New York Employers Can Expect Increased Scrutiny.
Jackson Lewis LLP - September 11, 2007
For years, labor organizations and employee advocacy groups have asserted that employers regularly misclassify individuals providing services as "independent contractors," rather than "employees," depriving these individuals of basic workplace rights and costing the government significant amounts of employee-based revenue, such as social security, workers' compensation and unemployment contributions. Further, they argue that such practices put "law-abiding" employers at a competitive disadvantage. This issue has been the subject of much discussion recently, including congressional hearings earlier this year. New York employers now must take specific note.
Report Link New York Mandates Leave for Military Spouses.
Ford & Harrison LLP - October 24, 2006
New York is the first state to require employers to grant an unpaid leave of absence of up to 10 days to an employee whose spouse who is on leave from service with the armed forces in a combat zone.
Report Link New York City Imposes Registration Requirement on Security Personnel for Clubs, Bars and Restaurants.
Jackson Lewis LLP - August 29, 2006
New York City has extended the registration requirements under the Security Guard Act to bounders and guards at city clubs, bar and restaurants. Amendments to the New York City Administrative Code are effective November 21, 2006, and will affect the following establishments employing security guards or bouncers: (1) "public dance halls" (places where "dancing is carried on and to which the public may gain admission, either with or without the payment of a fee"); (2) "cabarets" (places where "any musical entertainment, singing, dancing or other form of amusement is permitted in connection with the restaurant business or the business of directly or indirectly selling to the public food or drink"); (3) bars; and (4) restaurants.
Report Link New York Employers Must Obtain Proof of Age From "Youthful" Employees.
Littler Mendelson, P.C. - March 22, 2006
With little fanfare, New York State has amended its Labor Law to require employers to maintain "proof of age" of employees claiming to be between 18 and 25 years old. See N.Y. Labor Law § 135(2). The amendment, which took effect December 15, 2005, states that the required proof of age must be in the form of: (1) a driver's license; (2) a certificate of age issued by an "employment certificating official"; or (3) other government-issued documentation. Previously, employers were permitted, but not required, to demand proof of age from employees claiming to be over 18.
Report Link New York State Security Guard License Applicants Subject to Federal Criminal Background Checks.
Jackson Lewis LLP - December 15, 2004
New York State Governor George E. Pataki has signed legislation requiring a Federal background check on all individuals who apply for a security guard license in the State (Assembly Bill 8650 -- A).
Report Link New York's Indoor Smoking Ban Withstands First Legal Challenge.
Jackson Lewis LLP - October 30, 2003
New York State's ban on smoking in most workplaces, including bars, restaurants, and company cars and vans, is still standing after a legal challenge by the Empire State Restaurant and Tavern Owners Association.
Report Link New York State Passes Anti-Smoking Law.
Jackson Lewis LLP - March 28, 2003
On March 26, 2003, New York became the latest state to pass a strong anti-smoking law. It goes into effect in 120 days or July 24, 2003.
Report Link Labor & Employment Advisory: Workplace Smoking Rules Will Change in New York City.
Hughes Hubbard & Reed LLP - March 15, 2003
New York City has passed a comprehensive smoking ban that will take effect on March 30, 2003.
Report Link New York State Legislation Mandates Prescription Drug Plan Coverage of Contraception.
Schulte Roth & Zabel LLP - January 31, 2003
Beginning January 1, 2003, prescription drug plans in New York State are required to provide coverage for contraceptive drugs and devices.
Report Link RECOMMENDATIONS ON EMPLOYMENT INQUIRIES.
New York State Division of Human Rights - (No Date)
Relating to Race, Creed, Color, National Origin, Sex, Age, Disability, Genetic Predisposition or Carrier Status, Marital Status and Arrest and Conviction Records.
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