join our network! affiliate login  
Custom Search
GET OUR FREE EMAIL NEWSLETTERS!
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Total Articles: 73

New York City Issues Final Regulations, Notices, Forms, FAQs for Fast Food, Retail Workers Scheduling Law

The New York City Department of Consumer Affairs (DCA) on November 27, 2017, announced in a press release that the Fair Workweek Law applicable to fast food and retail employers became effective on November 26. The Law is intended to reform scheduling practices for fast food and retail workers in the City. The DCA also issued the related required employee notices, overviews, Frequently-Asked-Questions, and complaint forms on the same day. The Final Rules were published on November 28.

New York City Expands Paid Sick Leave Law

New York City has expanded its paid sick leave law so that employees may take "safe time" when they or a family member are the victim of domestic violence, sexual assault, human trafficking or stalking. The Earned Sick and Safe Time Act does not change the total amount of leave an employee may take - no less than 40 hours per year - but expands the reasons for which they may use the leave.

Court Confirms That “Perceived Alcoholics” Can’t Bring Workplace Claims In NYC

In a solid win for New York City employers, the New York Court of Appeals held that a worker cannot bring a disability discrimination claim under New York City law based solely on a perception of untreated alcoholism. Through its holding, the state’s highest court foreclosed the courtroom doors to a class of employees and applicants who would otherwise have claims under city law, although the ruling may spur the City Council into revising the law in employees’ favor (Makinen v. City of New York).

Mayor Signs Law Adding Safe Time to NYC Earned Sick Time

New York City Mayor Bill de Blasio signed Intro 1313-A into law, requiring employers to provide paid time off for hours taken in connection with family offense matters, sexual offenses, stalking, and human trafficking, grouped collectively as “Safe Time.”

What Is Permitted Under NYC’s Ban on Salary History?

Come Oct. 31, 2017, employers in New York City will face a scary new reality: They will no longer be permitted to ask job candidates about their salary history. This mandate follows the New York City Council’s decision to pass legislation in April 2017 in an effort to address gender-based wage gaps. The law seeks to break the cycle of pay inequity by reducing the likelihood that women and people of color will be prejudiced by prior salary levels. Instead, the law encourages employers to set compensation based on applicants’ qualifications. For businesses new to this concept, here’s a “roadmap” of what is and is not permitted.

NYC Proposes Rules Implementing Fair Workweek Law: Spelling More Concerns for Retail and Fast Food Employers

As we previously reported, New York City retail and fast food employers must prepare for the Fair Workweek Law set to go into effect on November 26, 2017. On October 16, 2017 the Department of Consumer Affairs Office of Labor Policy and Standards (DCA) published much anticipated proposed rules to implement the Fair Workweek Law and provide needed guidance to covered employers.

New York City Council Expands Earned Sick Time Law to Include Safe Time

New York City’s Earned Sick Time Act (also known as the Paid Sick Leave Law) will require employers to allow employees to use paid time off for “Safe Time” under an amendment (Int. 1313-A) passed by the New York City Council on October 17, 2017. Under the revised law (the “Earned Safe and Sick Time Act”), employers will be required to provide paid time off for hours taken in connection with family offense matters, sexual offenses, stalking, and human trafficking.

NYC Commission on Human Rights Releases FAQs on Salary History Law in Advance of October 31 Effective Date

As we previously reported in April of 2017 and May of 2017, New York City employers may want to prepare for the New York City salary history law, which will go into effect on October 31, 2017.

New York City Adopts New ‘Ban the Box’ Regulations, Continues Expansion of Employee Rights

Although New York City’s “ban the box” law, the Fair Chance Act (“FCA”), went into effect close to two years ago, the New York City Commission on Human Rights’ final regulations became effective on August 5, 2017. These regulations expand on the previously issued Enforcement Guidance (New York City Issues Enforcement Guidance Related to City’s Fair Chance Act) and both clarify and impose additional obligations on employers in screening applicants and existing employees for promotions.

New York City Final Regulations Clarify and Expand 'Ban the Box' Law

Final regulations clarifying and expanding New York City's "ban the box" law - the Fair Chance Act (FCA) - take effect August 5, 2017.

Proposed New York City Council Legislation Would Add Private Right of Action to Earned Sick Time Act and Prohibit Non-Competes for Low-Wage Employees

New legislation introduced in the New York City Council would add a private right of action to the Earned Sick Time Act (Introduction 1667) and prohibit employers from entering into a covenant not to compete with any low-wage employee of that employer (Introduction 1663).

New York City Enacts Laws Limiting Employers' Flexibility To Staff Employees

On May 24, 2017, the New York City Council passed five bills – collectively called the “Fair Workplace” legislative package – four of which significantly restrict the ability of fast food and retail employers to schedule their staff. On May 30, 2017, Mayor de Blasio signed these bills into law, making their effective date November 26, 2017. As discussed below, these laws severely impact the ability of fast food and retail employers to create and modify their employees’ schedules and impose harsh penalties for changes, despite employers’ legitimate scheduling needs. A final bill passed with this package requires fast food employers to deduct voluntary contributions to not-for-profit organizations from employees’ pay.

NYC Scheduling Laws Will Constrain Employers’ Scheduling And Flexibility

New York City Mayor Bill de Blasio signed a suite of legislation dubbed the “Fair Workweek” bills into effect on May 30, 2017, which will limit the scheduling practices and flexibility of certain employers. These laws are aimed at giving retail and fast food employees more notice and predictability in their schedules, while compensating them with extra pay for last-minute schedule changes. They are scheduled to effect November 26, 2017.

Mayor Signs Major Workplace Reforms for Fast Food & Retail Workers

Mayor Bill de Blasio signed the New York City Council’s five-bill Fair Work Week legislative package, intended to reform scheduling and workplace practices for fast food and retail workers in New York City.

Can “Perceived Alcoholics” Bring Workplace Claims In NYC? Stay Tuned For Answer

Can a worker bring a disability discrimination claim under New York City law based solely on a perception of untreated alcoholism? We’ll soon find out, as the U.S. Court of Appeals for the 2nd Circuit has certified the question to the New York Court of Appeals, the highest court in the state. The answer to this question will determine whether the courtroom doors will open for another class of employees and applicants, and could also impact employer-sponsored rehabilitation programs in the state.

NYC's "Freelance Isn't Free" Act Effective May 15, 2017

Executive summary: A new law regulating the hiring and payment of freelancers in New York City took effect May 15, 2017. The “Freelance Isn’t Free” Act impacts a large range of industries that routinely rely on independent contractors, including tech, media, and third-party services companies.

New NYC Law Imposes Additional Requirements on Companies Contracting With Freelancers

Effective May 15, 2017, the “Freelance Isn’t Free Act” delineates additional duties for businesses contracting with freelance workers on or after May 15, 2017, in New York City.

New York City Businesses Now Subject to 'Freelance Isn't Free' Act

New York City's 'Freelance Isn't Free' Act, which contains a number of protections for independent contractors, is now law. Freelancers may enforce their rights in a number of ways, and the City as well as the Freelancers Union have engaged in a communications campaign to ensure gig workers are aware of their legal options.

New Requirements for Independent Contractor Agreements in New York City

On May 15, 2017, a new New York City law, the “Freelance Isn’t Free Act,” will take effect. The law applies to arrangements between independent contractors and businesses or individuals that retain them to provide services in New York City. It sets forth required contractual elements and penalties for non-compliance.

NYC Enacts New Law Limiting Prospective Employers’ Ability to Obtain and Use Salary History

New York City Mayor Bill de Blasio signed into law on May 4, 2017, legislation that will prohibit employers from inquiring about, relying upon, and verifying a job applicant’s salary history. The bill, authored by New York City Public Advocate Letitia James, will apply to all employers in New York City, public and private. The legislation will take effect on October 31, 2017, 180 days after signing.

Mayor De Blasio Signs New York City Law Barring Salary History Inquiries

As we previously reported, the New York City Council recently passed a bill restricting an employer’s ability to ask job applicants about their salary, benefits, or other compensation history during the hiring process. As expected, on May 4, 2017, New York City Mayor Bill de Blasio signed the legislation, meaning that the law will be effective as of October 31, 2017.

NYC Approves Legislation Restricting Salary Inquiries of Applicants

Earlier this month, the New York City Council approved a bill that would prohibit NYC employers from inquiring about an applicant’s salary history during all stages of the employment process. NYC employers should take a close look at the bill and revamp their hiring procedures to be compliant.

New York City Council Passes Legislation Banning Salary History Inquiries

The New York City Council has approved a bill that would prohibit employers from inquiring about a prospective employee's salary history during all stages of the employment process, including the negotiation of an employment contract. The bill also cautions that, in the event that an employer is already aware of an employee's salary history, then the employer may not rely on that information or knowledge when determining the prospective employee's salary. Mayor Bill DeBlasio is expected to sign the legislation.

New York City to Ban Employer Inquiries and Reliance on Salary History

On April 5, 2017, by a 47-3 vote, the New York City Council passed a bill that bans New York City employers from inquiring about an applicant’s “salary history” or relying on a job applicant’s “salary history” in determining the applicant’s salary, benefits or other compensation. New York City Mayor Bill de Blasio is expected to sign the bill, and the new law will go into effect 180 days after he signs it.

New York City Council Approves Legislation Limiting Prospective Employers’ Ability to Obtain and Use Salary History Information

The New York City Council has approved legislation prohibiting employers from inquiring about, relying upon, and verifying a job applicant’s salary history. Advocates of the legislation (Int. 1253-A), approved on April 5, maintain that it will contribute to gender pay equity and reduce the likelihood that women will be prejudiced by prior salary levels.

NYC Prohibits Past Pay Inquiries

The New York City Council passed legislation yesterday that will prohibit employers from making inquiries regarding salary history during the hiring process, a measure aimed at addressing gender-based wage gaps. Under the new law, it will be an unlawful discriminatory practice to ask about the salary history of a job applicant, or rely on the salary history of an applicant in determining compensation, during the hiring process.

Oh Baby! NYC Commission on Human Rights Issues Pregnancy Accommodation Guidance

The New York City Commission on Human Rights (the “Commission”) is the City agency that enforces the New York City Human Rights Law (“NYCHRL”). Last May, the Commission released guidance that defines violations of pregnancy protections under the NYCHRL. The Guidance lists five categories of potential violations.

New York City Council Committee Pursues Predictive Scheduling and Other Labor Bills

On Friday, March 3, 2017, the New York City Council’s Committee on Civil Service and Labor considered a package of six bills that could significantly affect the scheduling of fast food and other employees. These measures seek to improve working conditions related to employee scheduling. Similar laws have been passed in San Francisco and Seattle.1

New York City to Protect Freelancers From Nonpayment for Gigs

The New York City Council has unanimously passed the first law in the nation protecting freelancers from clients' nonpayment for services performed. The Freelance Isn't Free Act creates and enhances protections for freelance workers, spotlighting gig economy enforcement issues at the municipal level. Mayor Bill DeBlasio is expected to sign the legislation, and has scheduled a hearing on the matter for Wednesday, November 16, 2016.

Certain Large Retailers and Food Service Employers in NYC Must Enter Labor Peace Agreements under New Executive Order

On July 14, 2016, New York City Mayor Bill de Blasio promulgated an Executive Order that requires all large retail or food service employers operating on the premises of a “City Development Project” to sign a so-called “Labor Peace Agreement” with any union that seeks to represent their employees. Under the agreement, the employer agrees to “maintain a neutral posture” in the union’s efforts to organize their employees.

New York City Expands Law Governing Displaced Building Service Workers

Mayor Bill de Blasio recently signed a bill amending the New York City Displaced Building Service Workers Protection Act (“the Displaced Workers Act” or “the Act”), first enacted by the City Council in 2002. As originally adopted, the Act required one building service contractor taking over another contractor’s work to retain the prior contractor’s building service workers for a 90-day transition period, during which they could not be discharged without cause, and after which they had to be offered continued employment if their performance during the transition period was satisfactory.1 These requirements remain, but the new amendments significantly expand the Act’s coverage.

NYC Issues Guidance on Protections for Pregnant Employees

On May 6, 2016, the New York City Commission on Human Rights issued guidance that defines what constitutes pregnancy discrimination under the New York City Human Rights Law (NYCHRL), and provides clear examples of when and how employers should make accommodations for employees based on pregnancy, childbirth, or related medical conditions.

What Employers Need to Know About the New York City Pregnancy Accommodation Enforcement Guidance

The New York City Commission on Human Rights has released enforcement guidance on the New York City Pregnant Workers Fairness Act identifying five categories of potential violations and emphasizing the need to engage in cooperative dialogue to reach accommodation.

New York City Update: New Developments in Paid Sick Leave, Consideration of Criminal Background Information

New York City continues to refine existing obligations imposed on New York City employers and propose new ones.

NYC Human Rights Commission Releases Discrimination Enforcement Statistics, Holds Hearing

The New York City Commission on Human Rights collected nearly $1.4 million in awards and penalties in discrimination cases in 2015, according to enforcement data released by the agency. The average monetary recovery rose to $21,777 per case in 2015 from $9,725 in 2014. In addition, the Commission opened 755 investigations into potential discrimination in 2015, a 20 percent increase from 2014.

New York City Issues Proposed Rules Related to the Fair Chance Act

On February 16, 2016, the New York City Commission on Human Rights issued proposed rules related to the city’s Fair Chance Act (FCA)—the restrictive ban-the-box law that went into effect in October of 2015 and prohibits employers from inquiring about an individual’s criminal record until after a conditional offer of employment is extended.

Proposed Regulations Issued by the New York City Commission on Human Rights Clarify and Expand the Citywide "Ban-the-Box" Law

New York City’s Fair Chance Act (FCA), which became effective on October 27, 2015, imposes obligations on covered employers and employment agencies well beyond all other "ban-the-box" laws.1 On November 5, 2015, the New York City Commission on Human Rights (the Commission) released its 13-page Interpretative Enforcement Guidance regarding the FCA. As explained in our previous Insight, the ambitious scope of the Guidance makes the onerous nature of the FCA more apparent, with the Commission expounding at length on protections that ex-offenders enjoy in New York City throughout the hiring process—as well as during employment—as the Guidance defines the term "applicant" to include both prospective and existing employees.2

New York City Commission on Human Rights Issues Enforcement Guidance on Fair Chance Act and Clarifies Credit Check Law Exemption

The New York City Commission on Human Rights (the “Commission”) recently released enforcement guidance on the Fair Chance Act (the “FCA”), which took effect on Oct. 27, 2015. The FCA prohibits New York City employers from inquiring about a job applicant’s criminal record prior to extending a conditional offer of employment. The Commission’s guidance provides clarity as to how the Commission will enforce the new law. Separately, the Commission clarified how it will interpret the exemption to the Stop Credit Discrimination in Employment Act (“SCDEA”) for positions involving responsibility for funds or assets worth $10,000 or more.

New York City Expands Human Rights Law to Prohibit Employment Discrimination Against Caregivers

Earlier this month, New York City Mayor Bill de Blasio signed legislation that expands the New York City Human Rights Law, making New York City the latest municipality1 to protect caregivers from discrimination in their terms or conditions of employment.2 The amendments take effect May 4, 2016.3

New York City Earned Sick Time FAQs Updates

Additional guidance for employers covered by New York City’s Earned Sick Time Act has been issued by the City’s Department of Consumer Affairs (DCA), the agency currently charged with enforcing the law, in recently updated Frequently Asked Questions (FAQs). These were last updated in September 2015.

NYC Cares for Caregivers: New Bill Awaiting Mayor’s Signature Would Make Caregivers a Protected Class

On December 16, 2015, the New York City Council passed a bill prohibiting employers from discriminating against employees based on their actual or perceived status as a caregiver. The new law would establish caregiver status as a new protected class under the New York City Human Rights Law, and defines “caregiver” as “a person who provides direct and ongoing care for a minor child or care recipient.”

Most New York City Employers Must Offer Commuter Transportation Benefits to Full-Time Employees

New York City’s Mass Transit Benefit Law requires that most New York City employers with at least 20 full-time employees offer such full-time employees the opportunity to use their pre-tax earnings, up to $130 per month,1 to pay for certain “qualified transportation fringe benefits,” but not qualified parking.

New York City Enacts Municipal Office of Labor Standards; Office’s Initial Mandate Is To Enforce NYC Earned Sick Time Act

On November 30, 2015, New York City Mayor Bill De Blasio signed a bill establishing an “Office of Labor Standards,” to be headed by a Director appointed by the Mayor. The Office, once established, is tasked with “study[ing] and mak[ing] recommendations for worker education, safety and protection, educat[ing] employers on labor laws, creat[ing] public education campaigns regarding worker rights, and collect[ing] and analyz[ing] labor statistics.” The ordinance also empowers the Office to administer and enforce the requirements of New York City’s Earned Sick Time Act, which generally requires covered employers with at least 15 employees to provide paid sick time to covered, qualifying employees.

Everything You Need to Know About New York's New FCA Guidance

As we previously reported, New York City’s Fair Chance Act (FCA) went into effect on October 27, 2015. On November 5, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued long-anticipated guidance on the FCA. Although the Commission’s website indicates that the guidance will be subject to future rulemaking, the guidance is effective as of November 5, 2015. The summary below is of the guidance as it currently stands.

New York City Issues Enforcement Guidance Related to City’s Fair Chance Act

The New York City Commission on Human Rights, the agency responsible for enforcing New York City’s Fair Chance Act, has issued its “Interpretative Enforcement Guide” for the Act.

New York City Commission on Human Rights Issues Guidance on Citywide "Ban-the-Box" Law

On November 5, 2015, the New York City Commission on Human Rights (NYCCHR) released its 13-page Interpretative Enforcement Guidance regarding the City's Fair Chance Act (FCA). The FCA, which became effective on October 27, 2015, imposes obligations on covered employers well beyond all other "ban-the-box" laws.1

New York City Commission on Human Rights Issues Guidance on Citywide "Ban-the-Box" Law

On November 5, 2015, the New York City Commission on Human Rights (NYCCHR) released its 13-page Interpretative Enforcement Guidance regarding the City's Fair Chance Act (FCA). The FCA, which became effective on October 27, 2015, imposes obligations on covered employers well beyond all other "ban-the-box" laws.1 The ambitious scope of the Guidance makes this even more apparent, with the Commission expounding at length on protections that ex-offenders enjoy in New York City throughout the hiring process (and even during employment, since the Guidance defines the term "applicant" to include both prospective and existing employees). Covered employers, particularly those with one hiring process used in multiple jurisdictions, including an on-line applicant tracking system or ATS, will want to ensure they closely review the Guidance to identify measures needed to fortify compliance with the FCA.

New York City Transit Benefit Requirement Fast Approaching

As most New York City employers know by now, beginning January 1, 2016, the New York Mass Transit Benefits Law (the "ordinance") requires employers with twenty or more full-time employees working in New York City to offer their full-time employees the opportunity to elect pre-tax salary reduction to purchase "qualified transportation fringe benefits" – other than qualified parking – as permitted under the Internal Revenue Code ("Code"). This includes transit passes (e.g., MetroCard), rail commuting tickets, bus tickets, and vouchers (i.e., TransitChek) that can be exchanged for tickets and fare cards. An employer can provide reimbursement of substantiated bicycle commuting expenses as well. Other than that, cash reimbursements by the employer are subject to complicated requirements, and will not be permitted in most situations; for example, reimbursing the cost of a MetroCard purchased by the employee would not be permitted. For purposes of the twenty-employee requirement as well as eligibility for the benefit, a "full-time employee" is one who has worked for the employer for an average of at least thirty hours per week over the preceding four-week period, any portion of which was within New York City.

New York City Human Rights Commission Fair Chance Act Fact Sheet Offers Compliance Guidance

New York City employers must comply with the New York City Fair Chance Act, which restricts when employers can make inquiries about applicants’ criminal histories and imposes additional obligations on employers. (See our articles, New York City Enacts Ban-the-Box Legislation and Reminder: New York City Fair Chance Act, Limiting Criminal Inquiry, Effective October 27, for further detailed analysis of the law’s requirements.)

New York City Issues Fair Chance Act Notice Form for Criminal Background Checks

As we previously reported in July and June, New York City recently passed the Fair Chance Act (FCA), which becomes effective on Tuesday, October 27, 2015, and is applicable to criminal background checks.

Reminder: New York City Fair Chance Act, Limiting Criminal Inquiry, Effective October 27

New York City employers must comply with the New York City Fair Chance Act, which restricts when employers can make inquiries about applicants’ criminal histories, beginning October 27, 2015. (See our article, New York City Enacts Ban-the-Box Legislation, for a detailed analysis of the law’s requirements.)

And the Ban Keeps Growing

On June 29, 2015, Mayor DeBlasio signed the Fair Chance Act, commonly known as Ban the Box. As we have previously written, Ban the Box is an effort to limit employer inquiries into criminal history at the beginning of the hiring process. While New York City Mayor Blumberg had previously signed such a bill pertaining to City employees, New York City is now mandating such protections for private employees. The law will go into effect on October 27, 2015.

NYC Commission Issues Guidance on the Citywide Bill Restricting Employers from Using Credit Information in Employment Decisions

As previously reported, on May 6, 2015, New York City Mayor Bill de Blasio signed the "Stop Credit Discrimination in Employment Act" (Act), which makes it unlawful for most employers to use an applicant's or employee's credit history for employment purposes, except in certain circumstances.1

New NYC Law Prohibiting Discrimination Based on Consumer Credit History

A new law took effect on September 3, 2015, which prohibits businesses in New York City from requesting or using “consumer credit history” for employment purposes, and from otherwise “discriminat[ing] against an applicant or employee with regard to hiring, compensation, or the terms, conditions or privileges of employment” based on the applicant’s or employee’s consumer credit history. For more information, check out this link.

Update: New York City Commission on Human Rights Revises Enforcement Guidance on FINRA Member Exemption to Credit History Law

Yesterday, the New York City Commission on Human Rights (the “Commission”) updated its enforcement guidance on the Stop Credit Discrimination in Employment Act (“SCDEA”) to clarify the exemption for FINRA members. As indicated in our Alert published yesterday, the Commission’s initial guidance provided the impression that FINRA members were only exempt from the SCDEA when making decisions about “covered persons” as defined under FINRA Rule 1230(b)(6). Late yesterday, however, the Commission revised the guidance to clarify that FINRA members “are exempt from the SCDEA when making employment decisions about people who are required to register with FINRA.” This is a much broader group of individuals than those set forth in FINRA Rule 1230(b)(6). FINRA members must comply with the SCDEA when “making employment decisions about people who are not required to register with FINRA.”

City Agency Issues Guidance on New York City’s Newly Effective Credit Check Law

The New York City Commission on Human Rights has issued legal enforcement guidance and FAQs clarifying some of the more ambiguous exemptions in the New York City “Stop Credit Discrimination in Employment Act,” as well as guidance on related recordkeeping obligations and penalties. The Act became effective on September 3, 2015. (For general information on the legislation, see our article New York City Limits Employers’ Use of Credit Information of Applicants, Employees.)

New York City Council Bans the Box

Following closely on the heels of a citywide bill restricting employer’s use of credit information for employment decisions,1 on June 10, 2015, the New York City Council passed a new bill restricting an employer’s ability to inquire into or obtain information about a job applicant’s criminal history before extending a conditional offer of employment. New York City Mayor Bill de Blasio is expected to sign the bill, which will go into effect 120 days after it is signed into law. This legislation comes shortly after enactment of similar laws in other jurisdictions, such as the District of Columbia and the City of Columbia in Missouri.2

New York City Moves to "Ban the Box" on Criminal Background Checks in Job Applications

On June 10, 2015, the New York City Council passed the Fair Chance Act (Intro No. 318-A, 2014) by a vote of 45-to-5. The legislation prevents employers from inquiring about job applicants’ criminal arrests and convictions prior to hire. Employers will be permitted to make such inquiries after an applicant receives a conditional job offer but only provided that narrow requirements are met.

New York City Employers Beware: Job Applicants Could Be Discrimination "Testers"

New York City Mayor Bill De Blasio recently signed legislation establishing a year-long employment discrimination testing program in New York City to begin on or before October 1, 2015. The new law requires the NYC Commission on Human Rights to utilize a process called “matched-pair testing,” in which it sends out pairs of “testers” to apply for, inquire about, or express interest in the same job with local employers. The testers will be assigned similar credentials, but will differ in one of the various “protected characteristics” covered by NYC Human Rights Law: e.g., race, color, creed, age, national origin, alienage or citizenship status, gender/gender identity, sexual orientation, disability, marital status, partnership status, criminal history, unemployment status, and status as a victim of domestic violence, stalking, and sex offenses.

New Legislation Promises More Investigations by the New York City Commission on Human Rights

On April 20, 2015, New York City Mayor Bill de Blasio signed two new bills into law that authorize the New York City Commission on Human Rights to increase the number of employment discrimination investigations.

Does Your Prospective Employee Have a Relevant Criminal History? Be Careful When You Find Out!

When an employer hands a prospective employee an application, there is one question that is usually on that form that is currently getting a ton of debate: prior criminal history. A movement to eliminate this question from the initial employment application seems to be gaining momentum and its chant is “Ban the Box”.

Are NYC Employers Ready for an Onslaught of Sick Time Requests?

Eligible employees in New York City (“City”) will be able to start requesting sick time in less than two weeks under the New York City Earned Sick Time Act (“Act”).

Robert G. Brody Testifies at Public Hearing on NYC Sick Leave Proposed Rules

On April 29, Bob Brody joined New York City (“City”) employers in voicing concerns about the Earned Sick Time Act (“Act”) and proposed rules to implement the Act at a public hearing in front of the City’s Department of Consumer Affairs (“Department”).

Update on New York City’s Paid Sick Leave Law

The New York City Department of Consumer Affairs (“DCA”) recently released guidance on the New York City Paid Sick Leave Law and the form notice that New York City employers must distribute to their employees.

Legal Alert: NYC Paid Sick Time Law Effective Today, April 1, 2014

Executive Summary: The New York City Earned Sick Time Act ("the Act") goes into effect today, April 1, 2014. The Act requires employers with at least five employees who work at least 80 hours per year in NYC to provide all such employees with at least 40 hours of paid sick time per year.

New York City Pregnancy Poster Reminds Us – Beware of Local Rules

Coast to coast, municipalities are gaining notoriety for passing various labor and employment laws (known as ordinances), from the sick leave laws enacted in Jersey City and New York City to the $15 per hour minimum wage law adopted in Sea-Tac, Washington. Increasingly, local governments are passing laws which are very different than the existing state or federal law. Employers must pay special attention to municipal laws that mandate how they do business in that municipality, and comply with any new obligations created by them.

Legal Alert: NYC Paid Sick Time Law Amended to Cover Employers With As Few As Five Employees

Executive Summary: On February 26, 2014, the New York City Council passed an amended version of the New York City Earned Sick Time Act. This amended version, effective April 1, 2014, requires that companies with as few as five employees provide at least 40 hours of paid sick time per year. Note: The original version of the Act only covered employers with 15 or more employees and provided a staggered, gradual roll-out.

New York City’s New Administration Announces Proposed Changes to Impending Sick Leave Act

As we covered in our June 2013 and December 2013 issues, New York City’s Earned Sick Time Act becomes effective on April 1, 2014. Yet, having barely been sworn into office, New York City Mayor Bill de Blasio and Council Speaker Melissa Mark-Viverito announced legislation to make the following changes to the impending law.

New York City Pregnancy Discrimination Law Becomes Effective on January 30: Are You Prepared?

Employers in New York City are reminded to prepare for a new addition to the New York City Human Rights Law (NYCHRL), effective January 30, which requires employers with four or more employees to provide reasonable accommodations for pregnant employees and employees with pregnancy- or childbirth-related medical conditions. Mayor Michael Bloomberg signed the bill into law in October 2013.

NYC Issues Required Pregnancy Rights Notice

Last month, we reported on the new obligations for New York City employers to reasonably accommodate an employee’s pregnancy, childbirth, or related medical condition. The new law goes into effect January 30, 2014, and applies to employers with four or more employees. (As with other provisions of New York City’s nondiscrimination law, independent contractors count toward the number of employees if they are natural persons and are not employers themselves.) Covered employers must provide a written notice of these new rules to all new hires starting January 30, 2014. All existing employees must receive the notice by May 30, 2014.

Can Unpaid Interns Sue For Sexual Harassment? New York Court Says No Under City Law

On October 3, 2013, the U.S. District Court for the Southern District of New York dismissed an unpaid intern’s hostile work environment, quid pro quo sexual harassment, and retaliation claims brought under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). In doing so, the court held that because the employer did not compensate the intern, she was not an “employee” as recognized under the NYSHRL and NYCHRL. However, the court ruled that she was not precluded from moving forward with her claim that the defendant refused to hire her at the conclusion of her internship because of unlawful gender discrimination. Wang v. Phoenix Satellite Television US, Inc., No. 13 Civ. 218 (PKC), U.S. District Court for the Southern District of New York (October 3, 2013).

Nearly All Private-Sector Employees in New York City Will Soon Be Entitled to Sick Leave

Over Mayor Bloomberg’s veto, the New York City Council enacted a law that will require nearly all employers to provide sick leave. New York City joins several other large cities and the state of Connecticut in requiring some employers to provide paid sick time.

Legal Alert: New York City Council Approves Sick Leave Law

Executive Summary: The New York City Council has passed a law that will require businesses to provide either paid or unpaid sick leave (depending on the size of the employer) beginning April 1, 2014. The City Council passed the New York City Earned Sick Time Act by a vote of 45-3, which means it has sufficient support to override an expected veto by Mayor Bloomberg.
    SORT ARTICLES
  • No Subtopics.