Total Articles: 353
Littler Mendelson, P.C. • May 26, 2020
On May 17, 2020, the New York Department of Health (NY DOH) and the New York Department of Labor (NY DOL) issued joint Guidance pertaining to an employer’s obligation under the New York State COVID-19 Sick Leave Law (“the Law”) to provide paid sick leave to “health care employees.”
Littler Mendelson, P.C. • May 21, 2020
After weeks or months of remote work or closed operations, businesses are understandably eager to resume normal operations and bring employees back to the workplace. Employers must be mindful, however, of currently proliferating federal, state and local requirements governing the return to onsite work regarding safety, accommodations, leaves of absence and various benefits that are available to employees. This article reviews some of the many issues that New York employers must address as they continue essential operations and prepare to return to the workplace.
Jackson Lewis P.C. • May 20, 2020
As New York State reportedly is releasing additional nonviolent offenders, coinciding with the rise of COVID-19 cases in recent weeks, and newly released individuals apply for positions, New York employers should remember that “conviction status” is protected under New York’s Human Rights Law.
Jackson Lewis P.C. • May 13, 2020
New York Governor Andrew Cuomo’s Executive Order No. 202.30 (EO 202.30) implements significant changes for nursing homes (NHs) and adult care facilities (ACFs) in the state, including the testing of all personnel for COVID-19 twice a week.
Jackson Lewis P.C. • May 11, 2020
The New York City Commission on Human Rights issued a written reminder on May 8, 2020 that the law prohibiting pre-employment marijuana testing is effective on May 10, 2020. In addition, the Commission stated that it is finalizing rules that will expand the list of exceptions to the law. The Commission’s statement provided:
Jackson Lewis P.C. • May 10, 2020
New York State has joined the growing list of states and localities (including New York City and Westchester County) mandating that employers provide paid sick leave to employees.
Littler Mendelson, P.C. • May 07, 2020
Effective August 25, 2020, Suffolk County will join a growing number of New York jurisdictions, including New York City, Buffalo, Rochester, and Westchester County, in restricting the use of pre-employment inquiries into an applicant’s criminal conviction history, adding to the existing statewide requirements of Article 23-A of the New York State Correction Law. In addition, Suffolk County will join dozens of other states, counties, and municipalities that restrict consideration of an applicant’s criminal history at the initial application phase.
Jackson Lewis P.C. • May 05, 2020
The Suffolk County, New York, Legislature has passed the “Fair Employment Screening Amendment” to the Suffolk County Code, prohibiting the County or any other employer having at least 15 employees from asking job applicants about their prior criminal convictions until after the first interview. The Amendment will go into effect on August 25, 2020, and will not apply retroactively.
Littler Mendelson, P.C. • May 04, 2020
Wrapped up in the New York City Council’s sweeping new legislative package, dubbed the “NYC Essential Workers Bill of Rights,” is Introductory Bill No. 1926 (Int. No. 1926). Int. No. 1926 would expand New York City’s Earned Sick and Safe Time Act (ESSTA) to cover many workers currently classified as independent contractors by introducing the so-called “ABC” test for determining who is an independent contractor and thus excluded from ESSTA coverage. The “ABC” test for determining independent contractor status is much more restrictive than the common law test traditionally used in New York, and therefore results in fewer workers being classified as contractors, and more classified as employees.
Littler Mendelson, P.C. • May 03, 2020
On April 19, 2020, the New York City Commissioner for Health and Mental Hygiene signed an Order to compel persons who self-identify as requiring mandatory isolation due to COVID-19 to isolate in their home or another appropriate location. The Order enables these individuals to qualify for immediate paid time off under the New York State’s COVID-19 Quarantine/Isolation Order Law (the “Law”). The Commissioner has released a series of Frequently Asked Questions, dated April 23, 2020, concerning the Order.
Ogletree Deakins • April 27, 2020
On April 14, 2020, the State of New York filed a lawsuit against the U.S. Department of Labor (DOL) seeking declaratory and injunctive relief in the U.S. District Court for the Southern District of New York. In the lawsuit, New York challenges the April 1, 2020, final rule that the DOL issued implementing the emergency family leave and paid sick leave requirements of the Families First Coronavirus Response Act (FFCRA). The final rule, which is currently effective, expires on December 31, 2020.
Littler Mendelson, P.C. • April 26, 2020
On April 19, 2020, the New York City Commission on Human Rights (the “Commission”) announced that it has formed a COVID-19 response team to handle reports of harassment and discrimination related to the coronavirus outbreak. The COVID-19 response team includes staff from the Commission’s Law Enforcement Bureau and Community Relations Bureau.
Littler Mendelson, P.C. • April 26, 2020
On April 22, 2020, the New York City Council introduced a series of bills in response to the COVID-19 crisis that is ravaging the city. In addition to proposals in this legislative package affecting the real estate industry and small businesses, is a series of bills the Council has dubbed the “NYC Essential Workers Bill of Rights.” These bills would require premiums for non-salaried essential employees at large companies, prohibit firing essential workers without just cause, and mandate paid sick leave for gig workers. In particular, the “Just Cause Discharge from Employment” portion would immediately become one of the most radical and consequential pieces of employment legislation enacted in the 21st century, eliminating at-will employment for a large component of New York City’s workforce.
Fisher Phillips • April 23, 2020
Governor Cuomo recently issued an Executive Order directing essential businesses to provide face coverings to their employees when in direct contact with customers or members of the public, at the expense of the employer. The New York State Department of Health (NYSDOH) just issued guidance for such essential businesses to comply with the order. What do New York employers need to know?
Jackson Lewis P.C. • April 16, 2020
New York Governor Andrew Cuomo has signed the state’s FY 2021 Education, Labor, Housing and Family Assistance Budget Bill into law (Chapter 56, S.7506-B, A.9506-B). The Budget Bill includes developments applicable to New York employers, covering such topics as paid sick leave, time off to vote, occupational licensing requirements, and prevailing wage requirements.
Goldberg Segalla LLP • April 15, 2020
As part of New York State’s 2020–21 budget, Gov. Andrew M. Cuomo signed legislation which largely reverts the election leave law back to its original state (with some exceptions), prior to the amendments passed in 2019. The 2019 amendments were criticized by many for providing election leave entitlements to all employees, including those that seemingly had enough time to vote outside of work.
Jackson Lewis P.C. • April 13, 2020
Following a three-year investigation conducted by Newsday into alleged unequal treatment toward minority homebuyers on Long Island, New York has announced proposed regulations to combat housing discrimination that would impose certain mandates on the real estate industry.
Littler Mendelson, P.C. • April 13, 2020
On April 3, 2020, New York Governor Andrew Cuomo signed the 2020-2021 state budget bills, part of which amended the Home Health Care Worker Wage Parity Law (“Wage Parity Law”). The Wage Parity Law establishes a minimum wage rate, additional wages and supplemental benefits for home care aides who perform Medicaid-reimbursed work within New York City and the counties of Nassau, Suffolk and Westchester. In addition to the minimum wage, in New York City the employer must pay a total of $4.09 per hour and in Westchester, Nassau and Suffolk counties, $3.22 per hour, in a combination of additional wages and/or supplemental benefits, which remains unchanged. The amendments affect home health care agencies and the aides that perform Medicaid-reimbursed work, in several meaningful ways.
Jackson Lewis P.C. • April 09, 2020
Private construction projects in New York will become subject to new prevailing wage requirements pursuant to legislation signed by Governor Andrew Cuomo on April 3, 2020. The provisions take effect in January 2022.
FordHarrison LLP • April 07, 2020
On April 3, 2020, New York State Governor Andrew M. Cuomo signed into law the 2021 fiscal year budget that includes an unpaid and paid sick leave program for all New York employees. The permanent sick leave law comes a few weeks after the state enacted emergency sick leave provisions relating to the COVID-19 crisis.
Littler Mendelson, P.C. • April 06, 2020
On April 3, 2020, New York State Governor Andrew Cuomo signed a comprehensive budget bill that, among other things, amends the New York Labor Law1 to require all New York employers to provide paid or unpaid sick leave to their employees. The State of New York now joins other states and municipalities (including New York City and Westchester County) that have mandatory sick leave requirements in place. The New York State sick leave law was originally part of a bill that eventually became law on March 18, 2020, which requires employers to provide sick leave to employees who are subject to a mandatory or precautionary order of quarantine or isolation as a result of COVID-19. The New York State sick leave law was stripped from that bill.
Jackson Lewis P.C. • March 31, 2020
New York City has recognized that ordinary practices at construction sites (such as shared tools, huddled shift meetings, and packed schedules with various trade contractors) can present unique dangers at construction sites and has issued guidance to construction workers on best practices to prevent the spread of the novel coronavirus (COVID-19).
Littler Mendelson, P.C. • March 27, 2020
On March 10, 2020, the New York City Commission on Human Rights (the “Commission”) proposed rules addressing exceptions recognized under the city’s ordinance generally prohibiting pre-employment testing for marijuana and tetrahydrocannabinols (THC)–the psychoactive ingredient in cannabis. The ban on pre-employment testing for marijuana and THC is slated to take effect on May 10, 2020. The Commission announced a notice of public hearing and opportunity to comment on the proposed rules. All comments must be submitted by April 16, 2020.
Jackson Lewis P.C. • March 27, 2020
Construction workers received guidance on best practices in preventing the spread of novel coronavirus from New York City. The city has recognized that ordinary practices at construction sites – shared tools, huddled shift meetings and packed schedules with varied trade contractors – can present unique dangers at construction sites.
FordHarrison LLP • March 22, 2020
On March 18, 2020, New York State Governor Andrew M. Cuomo signed a bill that guarantees emergency paid sick leave and job protections for individuals who have been quarantined as a result of the Coronavirus, or COVID-19. It does not include permanent paid sick leave, which the draft had included. The revised bill is effective immediately, making it critical that all employers are aware of its provisions and their obligations under the bill.
Jackson Lewis P.C. • March 22, 2020
With federal and state legislation constantly evolving, and New York Governor Andrew Cuomo’s office issuing multiple executive orders, New York employers are struggling to understand their coronavirus (COVID-19) paid leave obligations. The key provisions of the state’s new Quarantine Leave Law, which went into effect immediately upon signing on March 18, are discussed below.
Goldberg Segalla LLP • March 22, 2020
At a press conference on March 20, Gov. Andrew Cuomo indicated he will be issuing an order directing non-essential businesses to reduce in-person employees 100 percent
FordHarrison LLP • March 18, 2020
On March 17, 2020, New York State Governor Andrew M. Cuomo announced an agreement with the state legislature on a bill guaranteeing unpaid and paid sick leave and job protection for individuals who have been quarantined as a result of the Coronavirus, or COVID-19.
Jackson Lewis P.C. • March 18, 2020
The New York City Commission on Human Rights announced a notice of public hearing and opportunity to comment on a proposed rule providing exceptions to the prohibition on pre-employment marijuana testing that will take effect in the City on May 10, 2020. Comments on the proposed rule may be submitted in writing by April 16, 2020, or may be made at a public hearing held on April 16, 2020 at 22 Reade Street, New York, New York.
Jackson Lewis P.C. • March 11, 2020
Over the past few months, businesses across the country have been focused on the California Consumer Privacy Act (CCPA) which dramatically expands privacy rights for California residents and provides a strong incentive for businesses to implement reasonable safeguards to protect personal information.
Littler Mendelson, P.C. • March 09, 2020
Effective February 6, 2020, New York employees who are out of work due to a labor dispute, such as a strike, are eligible to collect unemployment benefits after a waiting period of only 14 days. Under existing law, which will not change, employees who are out of work as a result of a lockout or who are permanently replaced may be entitled to collect unemployment benefits even earlier.
Jackson Lewis P.C. • February 26, 2020
New York’s Farm Laborers Fair Labor Practices Act went into effect on January 1, 2020, drastically altering the employment relationship between agricultural employees and their employers. Until now, workplace protections for farm laborers lagged far behind those in other industries.
Jackson Lewis P.C. • February 23, 2020
We observed in a post on this blog that government agencies, businesses, hospitals, universities and school districts are frequent targets of data breaches that can affect millions of individuals. Cyberattacks on school districts continue to appear in the news. In January, students in the Pittsburg Unified School District (California) were left without internet access as a result of a ransomware attack, which compromised the schools’ servers and email. The Richmond Community Schools in Michigan suffered a similar cyber attack when threat actors infiltrated and locked down the schools’ servers and demanded a $10,000 ransom to return control of those servers.
Littler Mendelson, P.C. • February 17, 2020
In response to growing public concerns over outsourcing and offshoring, state legislators across the country have recently introduced a spate of bills intended to crack down on businesses that move call center operations out of state. Many of these bills require employers to provide advance notice to the state of impending relocations and impose significant penalties for failure to comply. The proposals also typically obligate state officials to create and publish a list of employers transferring jobs out of state and render those employers ineligible for tax or other incentives for several years. Some bills also authorize government agencies to recoup incentives previously given to employers that relocate call center jobs.
FordHarrison LLP • February 13, 2020
In his 2020 budget proposal, Governor Andrew Cuomo proposed creating a 9-member marketplace worker classification task force to address seismic changes to the way independent contractors and other gig economy workers are classified. This task force will have until May 1, 2020 to propose legislation that addresses: wages; health and safety protections; specific categories of benefits; worker classification; criteria to determine if a worker is an employee; collective bargaining; anti-discrimination; opportunity; and privacy concerns. If the task force fails to make significant legislative proposals by May 1, 2020, the New York State Department of Labor will be authorized to promulgate regulations addressing these issues.
Jackson Lewis P.C. • February 13, 2020
The New York City Commission on Human Rights (NYCCHR) has released a factsheet providing guidance on its view of the scope of the anti-discrimination protections provided to individuals performing services as independent contractors and freelancers under the New York City Human Rights Law (NYCHRL) that went into effect January 11, 2020.
Jackson Lewis P.C. • February 11, 2020
New York Attorney General Letitia James is suing the U.S. Department of Homeland Security (DHS) in federal court (State of New York v. Wolf et al, 1:20-cv-01127) over its new policy prohibiting New Yorkers from registering or re-registering for various Trusted Traveler Programs.
FordHarrison LLP • February 09, 2020
Executive Summary. In our December 23, 2019 Legal Alert we reported that the NYS Department of Health’s (“DOH”) Request for Offers (“RFO”) required a “Joint Employment Attestation” in any offer to continue or first become a Fiscal Intermediary (“FIs”) under NYS’s Consumer Directed Personal Assistance Program (“CDPAP”). We suggested the DOH be asked six questions, each of which has been answered, to some degree, in the Q&A the DOH issued on January 31, 2020. Below are our observations and opinion on the path forward and the DOH’s key answers on Joint Employer status in a chart accessible as a PDF from this Legal Alert.
Littler Mendelson, P.C. • January 27, 2020
Changes to New York state law that prohibit employer inquiries into the salary history of applicants and employees took effect on January 6, 2020. Recently, the New York Department of Labor released a series of Frequently Asked Questions (FAQs) to further clarify this law. The FAQs provide insight on which employers and workers are covered, employers’ responsibilities under the law, and how employees or applicants can address potential violations.
Littler Mendelson, P.C. • January 26, 2020
The New York City Council has approved, by a vote of 43-3, a bill that would make it unlawful for most businesses to refuse to accept payments in cash, with limited exceptions. The legislation aims to eliminate what supporters say is discrimination against low-income New Yorkers who lack bank accounts and credit cards. Many businesses, on the other hand, cited a variety of reasons for opposing the legislation, including a desire to appeal to card-toting consumers, speed up service, increase employee safety by reducing the chance of robbery, and eliminate the need to count cash or arrange for armored car pickups. The new law will take effect 270 days after Mayor de Blasio—who has expressed support for the bill—signs it into law.
Jackson Lewis P.C. • January 20, 2020
New York recently enacted the “Women on Corporate Boards Study” law (S. 4278), joining a growing number of states requiring organizations to report their board composition. The new law applies to domestic and foreign corporations “authorized to do business” in the state. Given the expanse of companies doing business in New York, this law may have a broad reach and impact organizations based far from New York.
Fisher Phillips • January 13, 2020
After a busy 2019 of expanding workplace protections in New York, Governor Cuomo just issued his 2020 State of the State to lay out his priorities for the coming year. And it should come as no surprise that several of the policy proposals announced on January 8 indicated an intent to continue New York State’s expansion of workplace laws into 2020 and beyond. Among the highlights to look for in the new year: paid sick leave, gig economy reforms, pay equity, and more.
FordHarrison LLP • January 10, 2020
Executive Summary: As of January 6, 2020, New York employers are prohibited from inquiring about an applicant’s prior salary. The ban, codified as N.Y. Lab. Law § 194-a, was signed into law by New York Governor Andrew Cuomo on July 10, 2019, but did not go into effect until this past Monday, January 6, 2020. The law applies to all public and private employers within New York state and covers applicants and employees who have taken an affirmative step to seek full-time, part-time, or temporary/seasonal employment with an employer. The law does not apply to independent contractors, freelance workers, or other contract workers unless they are to work through an employment agency.
Jackson Lewis P.C. • January 08, 2020
New York state has issued guidance on its new law barring employers’ direct and indirect inquiries about an employee’s salary history that became effective on January 6, 2020. For New York City employers, the law must be read in conjunction with similar legislation already in effect.
FordHarrison LLP • January 08, 2020
Executive Summary. The New York State Department of Health (DOH) recently issued a Request for Offers (RFO) from eligible entities who want to continue or first commence participating as Fiscal Intermediaries (FIs) under the New York Consumer Directed Personal Assistance Program (CDPAP). Because offers are due no later than February 18, 2020, the required format for offers is highly detailed and technical, and the RFO states that it is the DOH’s intent “to award the fewest number of contracts that preserve statewide access and consumer choice,” you will have to distinguish yourself from others in order to be selected. If you would like our assistance, based on our 25 years’ experience in educating, training and representing FIs, please give us a call.
Ogletree Deakins • January 08, 2020
On December 31, 2019, Governor Andrew M. Cuomo announced that he had directed the New York State Department of Labor (NYSDOL) to eliminate the subminimum wage for tipped workers of all employers covered by the Minimum Wage Order for Miscellaneous Industries and Occupations.
Fisher Phillips • January 07, 2020
New York employers will soon be required to pay an estimated 70,000 tipped workers the full minimum wage, regardless of any tips received. Governor Andrew Cuomo just announced on December 31 that the New York State Department of Labor is issuing an order eliminating the tip credit for “miscellaneous” industries statewide by the end of 2020. That credit currently allows employers to pay a subminimum wage to certain tipped workers such as nail salon workers, hairdressers, aestheticians, car wash workers, valet parking attendants, door-persons, tow truck drivers, dog groomers and tour guides. Importantly, however, workers in the hospitality industry – such as restaurant wait staff, bartenders, or other service employees who customarily receive tips – will not be impacted by this impending change, and employers can continue to pay them a subminimum wage so long as tips received ensure the workers earn the applicable minimum wage.
Jackson Lewis P.C. • January 06, 2020
New York’s Farm Laborers Fair Labor Practices Act went into effect on January 1, 2020. Two days earlier, two agricultural business associations filed a challenge to the law in federal court requesting a temporary restraining order (TRO).
Jackson Lewis P.C. • December 24, 2019
As we’ve previously reported, the New York Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act”) goes into effect on March 21, 2020. The SHIELD Act, which amends the State’s current data breach notification law, imposes more expansive data security and data breach notification requirements on companies, in the hope of ensuring better protection for New York residents from data breaches of their private information.
FordHarrison LLP • December 24, 2019
Executive Summary. On December 18, 2019 New York State’s Department of Health (DOH) issued a Request for Offers (RFO) from those who wish to continue or first become Fiscal Intermediaries (FIs) under the State’s Consumer Directed Personal Assistance Program (CDPAP). Every offer responding to this RFO must sign a “Joint Employment Attestation” expressly acknowledging the offeror’s status as a joint employer for a consumer-directed personal assistants (PAs). This mandate shifts substantial risk of loss and liability to an FI and raises many questions. Any written questions concerning the RFO must be submitted to DOH by January 3, 2019. Our suggested questions, which you are free to pose to DOH are listed in the “Policy Questions DOH Should be Asked,” section below. In the meantime, every existing FI should perform a self-audit of all the potential liabilities it is being asked to assume. Based on our firm’s 25 years’ experience in representing FIs, we can assist you, if desired.
FordHarrison LLP • December 18, 2019
Executive Summary. New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any worker, whether an employee, independent contractor, or other non-employee, to claim harassment based on any protected category against any private employer, even an employer with only one employee or independent contractor. Also, legal fees, by law, must be awarded to a prevailing plaintiff and, beginning August 12, 2020, the time limit for bringing a harassment claim is extended to three years.
Fisher Phillips • December 15, 2019
In anticipation of New York’s 2020 legislative session, state lawmakers are beginning to develop a proposal to regulate the gig economy – and the news isn’t good for businesses. As we discussed in an entry back in September, New York seems intent on developing a law including California-like elements that might lead to a version of the ABC test in the Empire State. But recent news means we might see things get taken a massive step further. Some legislative leaders are also seeking to introduce the country’s first collective bargaining law that would permit gig workers to unionize.
Fisher Phillips • December 11, 2019
Following in the footsteps of New York City, which earlier this year prohibited employers from discriminating against applicants or employees based on their sexual and reproductive health decisions, New York State has followed suit and passed its own law. On November 8, 2019, Governor Cuomo signed a bill prohibiting employers from discriminating against an employee based on the employee’s or dependent’s “reproductive health decision making.” Both the State and City law seek to counteract the federal government’s efforts to curtail reproductive healthcare access. The recently passed state law has several legal requirements that New York employers should be aware of.
Jackson Lewis P.C. • December 10, 2019
As 2019 comes to a close, legislative and administrative actions in New York require consideration by employers in the state.
Fisher Phillips • December 10, 2019
With another busy year for employment law legislation throughout New York State and New York City coming to a close, New York employers should be aware of new employment laws that will take effect in 2020, as well as laws that already took effect in 2019, to ensure compliance with changing obligations.
Fisher Phillips • November 24, 2019
Gig workers in New York City recently gained a suite of workplace protections normally reserved for employees. The City Council amended its antidiscrimination laws in September to cover independent contractors, meaning that gig workers will soon have the right to pursue legal remedies against hiring entities that typically don’t have to be concerned about claims from this segment of their workforce.
Littler Mendelson, P.C. • November 17, 2019
As of November 8, 2019, New York State prohibits employment discrimination based on an employee’s or a dependent’s “reproductive health decision making.” The New York State Legislature passed the bill in January 2019, and Governor Cuomo signed it into law this month. This move comes less than one year after the New York City Council added “sexual and other reproductive health decisions” to the list of protected categories under the New York City Human Rights Law. This statewide measure is likely a response to the federal government’s efforts to increasingly regulate this area.
Ogletree Deakins • November 07, 2019
As we previously reported here and here, New York State significantly amended its antidiscrimination laws, with many of the changes effective as of October 11, 2019. The state issued updated FAQ guidance regarding these new requirements on October 29, 2019. While the guidance leaves unanswered many questions about the amended law, it provides valuable information regarding the new requirements. Below are highlights from the amended guidance.
Littler Mendelson, P.C. • October 31, 2019
The Westchester County Human Rights Commission, the agency responsible for conducting public outreach for the Westchester County Safe Time Leave Law, published a host of information, including a copy of the law, a Notice of Employee Rights (the “Notice”), Frequently Asked Questions (“FAQs”), and the mandatory poster in time for the law’s October 30, 2019 effective date. Under the law, all private employers must provide up to 40 hours of paid leave for victims of domestic violence and human trafficking.
Jackson Lewis P.C. • October 30, 2019
The Westchester County Safe Time Leave Law takes effect today October 30, 2019. Starting on January 28, 2020, employers must begin providing eligible new hires with a copy of the law and written notice, which is intended to explain how the law applies to them.
Ogletree Deakins • October 16, 2019
As we approach the November 2019 elections, New York employers may want to keep in mind the state’s recently amended Election Law, which entitles employees to time off to vote. Since April 2019, all employers have been required to provide their New York employees who are registered voters with up to three hours of time off to vote without loss of pay. The time off to vote must be given at the beginning or end of an employee’s working hours, unless the employer and employee agree otherwise. An eligible employee seeking to take such time off must notify his or her employer at least two working days before the election.
Jackson Lewis P.C. • October 14, 2019
While courts have generally interpreted the New York City Human Rights Law (NYCHRL) as providing anti-discrimination protections to individuals performing services as independent contractors, effective in January 2020, amendments to the NYCHRL clarify such protections.
Ogletree Deakins • October 02, 2019
As we previously reported this past summer, the New York State Senate and Assembly passed Senate Bill 6549, which amended Section 194 of the New York Labor Law to prohibit wage differentials based on any protected class. As we also reported, the State Senate and Assembly also passed an omnibus bill that overhauled New York’s antidiscrimination laws. Governor Andrew Cuomo signed these bills into law on July 10 and August 12, 2019, respectively. As a result, several new laws are slated to take effect in October 2019.
Jackson Lewis P.C. • September 30, 2019
Continuing its pattern of issuing enforcement guidance on areas on which it focuses, the New York City Commission on Human Rights has released guidance reiterating the obligations of most employers, housing providers, and providers of public accommodations in New York City to avoid discrimination based on national origin and immigration status.
Ogletree Deakins • September 18, 2019
On July 25, 2019, New York governor Andrew Cuomo signed into law two bills aimed at increasing the obligations of entities handling computerized private data. The Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) expands the requirements for notifying affected parties in the event of a data breach and sets forth a demanding list of security measures that must be implemented to “maintain reasonable safeguards” to protect private information. Businesses handling the private data of New York residents should consider reviewing the SHIELD Act and existing policies and procedures to ensure compliance before the new privacy requirements go into effect.
Littler Mendelson, P.C. • September 12, 2019
As a result of a new appellate court decision, New York employers may now face liquidated damages for failing to pay employees as frequently as required by the New York Labor Law. In a recent unexpected decision that departs from the conventional wisdom and older precedent, the Appellate Division of the New York Supreme Court for the First Department, in Vega v. CM & Associates Construction Management, LLC, held that “manual workers” who were paid in full, but paid on a biweekly or later basis, could recover liquidated damages for the employer’s failure to pay them weekly as required by state law. This decision could have significant implications for employers in New York.
Fisher Phillips • August 29, 2019
Governor Andrew Cuomo just signed into effect an amendment to New York law expanding the protections employers must provide to employees who are victims of domestic violence. In addition to expanded protections against discrimination, the amendment obligates employers to provide reasonable accommodations to domestic violence victims who must be absent from work for certain specified reasons. The amendment, signed on August 20, becomes effective November 18, 2019. What do you need to know in order to be in compliance come November?
Jackson Lewis P.C. • August 25, 2019
New York has amended its Human Rights Law to expand protection from employment discrimination for victims of domestic violence.
Fisher Phillips • August 21, 2019
On July 25, 2019, New York Governor Anthony Cuomo signed the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) into law. The Act creates additional protections for the residents of New York and their private information. It also endeavors to improve cybersecurity measures for those who possess private information about New York residents.
Littler Mendelson, P.C. • August 19, 2019
As mega-breaches heighten concern about the security of personal information and a federal solution does not appear forthcoming, New York recently joined the growing list of states imposing their own security obligations on businesses. On July 26, 2019, New York’s governor signed the “Stop Hacks and Improve Electronic Data Security” (SHIELD) Act, requiring businesses to implement safeguards for the “private information” of New York residents and broadening New York’s security breach notification requirements.
Jackson Lewis P.C. • August 18, 2019
On August 12, Mahesh Nattanmai, New York’s Chief Health Information Officer, issued a notice letter (“the notice”) on behalf of the New York State Department of Health (“Department”) requiring healthcare providers to use a new notification protocol for informing the Department of a potential cybersecurity incident. The updated protocol is considered effective immediately from a healthcare provider’s receipt of the notice letter.
FordHarrison LLP • August 14, 2019
Executive Summary. On August 12, 2019, New York State (NYS) amended its Human Rights Law to make it easier to prove discriminatory harassment for members of all protected classes, including age, race, creed, color, national origin, sex, sexual orientation, gender identity or expression, military status, disability, predisposing genetic characteristic, familial status, marital status, and domestic violence victim status. The amendment provides significant additional protections for employees and independent contractors who were sexually harassed.
Fisher Phillips • August 14, 2019
New York Governor Cuomo just signed into effect an amendment to state law which expressly prohibits discrimination against employees based on clothing or facial hair worn in accordance with the employee’s religion. The amendment is set to take effect October 8, 2019. What do New York employers need to know about this development?
Jackson Lewis P.C. • August 13, 2019
New York state has enacted sweeping new workplace harassment protections for employees, including lowering the standard for when harassment is actionable.
Ogletree Deakins • August 13, 2019
As we previously reported, the New York State Senate and Assembly passed an omnibus bill that overhauls New York’s antidiscrimination laws and uproot precedent upon which employers have relied for decades in defending harassment claims. Governor Andrew Cuomo signed the bill into law on August 12, 2019, and the various amendments to the New York State Human Rights Law (NYSHRL), the General Obligations Law, the Civil Practice Law and Rules (CPLR), and the New York Labor Law (NYLL) will take effect as follows.
Fisher Phillips • August 11, 2019
New York Governor Andrew Cuomo recently signed legislation amending state law to explicitly prohibit discrimination based on hair texture or protective hairstyles as race-based discrimination. The new law took effect immediately upon signing in July 2019. What do New York employers need to know about this new law?
Fisher Phillips • August 04, 2019
Westchester County employers will soon need to provide paid safe time leave to employees who are the victims of domestic violence or human trafficking. Earlier this year, county lawmakers passed the Safe Time Leave for Victims of Domestic Violence and Trafficking Law, which takes effect October 30, 2019.
Jackson Lewis P.C. • July 26, 2019
On Thursday, New York Governor Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), sponsored by Senator Kevin Thomas and Assemblymember Michael DenDekker. The SHIELD Act, which amends the State’s current data breach notification law, imposes more expansive data security and data breach notification requirements on companies, in the hope of ensuring better protection for New York residents from data breaches of their private information.
Jackson Lewis P.C. • July 26, 2019
New York has enacted the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) to amend the state’s data breach notification law to impose more expansive data security and data breach notification requirements on companies. The move aims to ensure New York residents are better protected against better protection for data breaches of their private information.
Littler Mendelson, P.C. • July 26, 2019
On July 24, 2019, New York Governor Andrew Cuomo signed legislation creating a statewide panel to study the impact of automation, artificial intelligence (AI), and robotics on New York. The 13-member panel, to be known as the New York State Artificial Intelligence, Robotics and Automation Commission, will include members chosen by the governor, the state legislature, and the university systems of New York State and New York City.
Littler Mendelson, P.C. • July 18, 2019
The New York State Legislature recently approved changes to state law addressing prohibited retaliation in employment, and to vehicle and traffic laws, to provide additional protections for employees or their family members regarding their citizenship or immigration status. The bill (S 1747B) amending vehicle and traffic laws was enacted last month, while the second measure (SB 5791), which seeks to protect employees from discrimination and retaliation based on immigration status, has been sent to Governor Cuomo for his expected signature.
Jackson Lewis P.C. • July 16, 2019
The authorized use of telehealth to deliver mental health services to New Yorkers has been expanded by amendments to the state Office of Mental Health’s (OMH) Telemental Health Services regulations increasing the types of professionals who may provide care and the places where care recipients can be treated.
Littler Mendelson, P.C. • July 15, 2019
Starting January 1, 2020, New York City public accommodations that provide portable ramps for entrance accessibility will be required to post signs advertising portable ramp availability and listing a phone number for portable ramp requests.
Jackson Lewis P.C. • July 15, 2019
A bill aimed at increasing protections for employer “wage theft” by allowing an employer’s current or former employee, or the New York State Department of Labor (NYSDOL), to place a lien on the employer’s interest in real or personal property for the value of a wage claim, plus liquidated damages, has passed the New York State Legislature. If signed by Governor Andrew Cuomo, the law will become effective 30 days after signing.
Jackson Lewis P.C. • July 10, 2019
New York’s equal pay law prohibiting wage differentials based on protected class status was signed by Governor Andrew Cuomo on July 10, 2019. The new equal pay law will be effective on October 8, 2019.
Ogletree Deakins • July 10, 2019
As we previously reported, the New York State Senate and Assembly recently passed Senate Bill 5248A and Senate Bill 6549. Governor Andrew Cuomo signed both bills, and both became law on July 10, 2019.
Ogletree Deakins • July 08, 2019
Continuing the trend of substantial and expansive legislative changes in employment law, the New York State Senate and Assembly have passed Senate Bill 5248A and Senate Bill 6549. The first bill, S5248A, will prohibit wage differentials based on any protected class and will take effect 90 days after being signed by Governor Andrew Cuomo. The second, S6549, will prohibit private sector employers from asking for wage or salary history as a requirement for a job interview, job application, job offer, or promotion and will take effect 180 days after being signed by Governor Cuomo. The governor is expected to sign the bills into law.
Jackson Lewis P.C. • June 30, 2019
The New York State Legislature has passed two bills in the waning days of the 2019 Legislative Session that will affect the liquor licensing process statewide. One bill would impose a posting requirement on applications for renewal. The other bill would require applicants to provide notice to certain entities.
Ogletree Deakins • June 26, 2019
On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. This legislation, once effective, will overhaul New York’s antidiscrimination laws and uproot precedent that employers have relied upon for decades in defending harassment claims. Governor Andrew Cuomo is expected to promptly sign the bill into law.
Jackson Lewis P.C. • June 25, 2019
On June 13, 2019, the New York City Council passed Intro 799 to prohibit retaliation against individuals who make a request for a reasonable accommodation under any applicable provision of chapter 1 of the New York City Human Rights Law.
Jackson Lewis P.C. • June 24, 2019
In the final days of its 2019 Session, the New York State Legislature passed three bills that, respectively, will bar employers from inquiring about applicants’ past salary history, prohibit wage differentials based on protected class status, and ban race discrimination based on an employee’s hair or hairstyle. Governor Andrew M. Cuomo is expected to sign these bills.
Fisher Phillips • June 23, 2019
Still grappling with the expansive sexual harassment reforms passed last year, New York businesses and employers will soon need to manage through yet another expansive suite of amendments that will continue the state’s ongoing implementation of stronger, and more burdensome, antiharassment and antidiscrimination laws. On the last day of its legislative session, the New York State Senate and Assembly passed sweeping reforms meant to overhaul the state’s antidiscrimination laws. Governor Andrew Cuomo, who advocates for more robust workplace harassment laws, is expected to sign the bill without delay. Once enacted, the amendments will impact every workplace in New York.
Fisher Phillips • June 23, 2019
This past week was a busy one for New York State lawmakers. In addition to passing game-changing legislation overhauling the state’s discrimination laws, the New York State Senate and Assembly just passed two pay equity bills that will have a significant impact on all New York businesses.
Littler Mendelson, P.C. • June 20, 2019
As its session draws to a close, the New York State Legislature substantially revised the state’s anti-discrimination and anti-harassment laws this week, and Governor Andrew Cuomo has promised to sign the new measures imminently. The new legislation builds on the sexual harassment reforms that the state implemented over the course of 2018.
Jackson Lewis P.C. • June 18, 2019
The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most robust state privacy law in the United States. The CCPA seems to have spurred a flood of similar legislative proposals on the state level, and it was only a matter of time before the Empire State introduced its own version of the law. The New York Privacy Act (NYPA), s5642, introduced last month by New York Senator Kevin Thomas, the Chair of the Consumer Protection Committee, is considered a more expansive version of its California counterpart.
Littler Mendelson, P.C. • June 11, 2019
As we discussed here, New York State passed an amendment to its election leave law as part of the state’s 2020 budget. This law is now in effect and provides that: (i) registered voters must be granted leave of up to three hours to vote without loss of pay; (ii) employers must allow employees to take time off to vote at either the beginning or the end of a working shift (but the employer can designate whether an employee takes the voting leave at the beginning or end of the shift); (iii) if both the employer and employee agree, the voting leave can take place at a different time; (iv) employees who need time off to vote must give their employers at least two working days’ notice of the intent to take leave; and (v) employers must post a notice of employees’ rights pursuant to this law at least 10 days before each election.
Goldberg Segalla LLP • June 10, 2019
New York's election law was amended in the New York State budget this year to grant employees time off to vote without loss of pay. Under the amendment, which became effective in April, all New York employees who are registered to vote may request up to three hours of paid time off to vote, regardless of their work schedules, as long as the request is made at least two working days before the election.
Jackson Lewis P.C. • May 29, 2019
On May 10, 2019, a bill amending New York City’s administrative code related to prospective employee drug-testing officially became law for New York City employers. While the law does not go into effect until May 10, 2020, it is the first of its kind in the nation. The law prohibits employers from requiring applicants to submit to pre-employment drug testing for the presence of marijuana or THC. Once the law takes effect, employers in New York City will not be permitted to conduct pre-hire marijuana testing as a condition of employment, but employers will still be allowed to screen for other illicit substances such as opiates, amphetamines, etc.
Goldberg Segalla LLP • May 22, 2019
New York City takes its approach to safety for its construction workers seriously. At least that’s the idea. In 2017, New York City Council members approved Local Law 196.
Jackson Lewis P.C. • May 21, 2019
On May 3, 2019, Westchester County Executive George Latimer formally signed into law the County’s Safe Time Leave for Victims of Domestic Violence and Human Trafficking Law (“Safe Time Law”), which provides eligible employees who are victims of domestic violence or human trafficking with up to 40 hours of paid leave in a calendar year to attend criminal and civil court proceedings and/or relocate to a safe location. The Safe Time Law becomes effective in 180 days from adoption, which is in late October 2019.
Ogletree Deakins • May 17, 2019
As we previously reported, the New York City Council recently passed a bill to prohibit most pre-employment screening for marijuana by public and private employers. New York City mayor Bill de Blasio neither signed nor vetoed the bill within the city charter-mandated 30-day time period, so the bill became law on May 10, 2019. The law, known as Local Law 91 of 2019, will take effect on May 10, 2020, one year from its passage. Prior to the effective date, the New York City Commission on Human Rights is expected to promulgate rules for the implementation of Local Law 91. New York City employers may want to consider the commission’s guidance when reviewing and updating their prehire testing practices.
Jackson Lewis P.C. • May 14, 2019
In an effort to combat the ongoing opioid crisis and substance abuse, New York State’s Budget for Fiscal Year 2020 includes the nation’s first tax incentive program for certified employers who hire people recovering from substance use disorders in full-time or part-time positions. The purpose of the Recovery Tax Credit program is two-fold: to create a recovery-oriented culture in business and local communities, as well as encourage growth by increasing employment opportunities.
Jackson Lewis P.C. • May 13, 2019
Intro 1445-A became effective on May 10, 2019. It is the first of its kind law in the United States, prohibiting New York City employers from requiring prospective employees to submit to testing for the presence of tetrahydrocannabinol (THC), the active ingredient in marijuana. The obligations under the new law are applicable to employers on May 10. 2020.
Jackson Lewis P.C. • May 13, 2019
We previously blogged about the law passed by the New York City Council on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana.
Littler Mendelson, P.C. • May 10, 2019
Westchester County, New York has enacted a new ordinance, the “Safe Time Leave Law,” that, beginning October 30, 2019, will require all private employers to provide up to 40 hours of paid leave for victims of domestic violence and human trafficking. This ordinance will apply to employees1 who are employed in the county for more than 90 days in a calendar year on a full-time or part-time basis, with few exceptions.2 The new paid leave requirement is in addition to existing paid or unpaid leave obligations employers have under the county’s paid sick leave ordinance, as well as anti-discrimination and reasonable accommodation obligations for victims of domestic violence, sex offenses, or stalking under the county’s Human Rights Law.
Ogletree Deakins • April 25, 2019
On April 9, 2019, the New York City Council overwhelmingly passed a bill that would prohibit most pre-employment screening for marijuana by public and private employers. The bill is supported by Mayor Bill de Blasio and would take effect one year after the mayor signs it into law.
Jackson Lewis P.C. • April 21, 2019
Westchester County has released a poster for the Westchester County Earned Sick Leave Law (“WCESLL”). By July 10, 2019, all employers covered by the law must post the poster in English, Spanish and any other language deemed appropriate by the County of Westchester, in a conspicuous location. To date, Westchester County has only released the poster in English.
Jackson Lewis P.C. • April 14, 2019
The New York City Council has passed a prohibition on New York City employers requiring prospective employees to submit to testing for the presence of any tetrahydrocannabinols (THC), the active ingredient in marijuana.
Littler Mendelson, P.C. • April 14, 2019
The Westchester County Human Rights Commission, the agency responsible for conducting public outreach for the Westchester County Earned Sick Leave Law (the “Sick Leave Law” or the “Law”), published a copy of the Law, a Notice of Employee Rights (the “Notice”), and Frequently Asked Questions (“FAQs”) — just hours before the Sick Leave Law went into effect this week.
Jackson Lewis P.C. • April 14, 2019
The New York City Council passed a law on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana. The law is expected to be signed by the mayor and will take effect one year later. This law is the first of its kind in the United States.
Ogletree Deakins • April 14, 2019
Taking a page out of New York City’s book to address the estimated 36 percent of workers in Westchester County, New York, who lack paid sick leave benefits, in October 2018 the Westchester County Board of Legislators passed the Earned Sick Leave Law (ESLL). The law took effect for most employers on April 10, 2019. The ESLL requires Westchester County employers with five or more employees to provide eligible employees with up to 40 hours of paid sick time per calendar year, or per year as determined by the employers. Employers with at least one employee but fewer than five employees in Westchester County must provide up to 40 hours of unpaid earned sick time. (Special rules apply for domestic workers, however.)
Ogletree Deakins • April 11, 2019
On April 1, 2019, New York State passed its 2019?2020 budget with an amended Election Law §3-110, which provides employees with time off to vote. Effective immediately, all employers must provide New York employees who are registered voters with up to three hours’ time off—without loss of pay—at the beginning or end of working hours to vote in any election. Any registered voter seeking time off to vote must notify his or her employer at least two working days before the election.
Jackson Lewis P.C. • April 10, 2019
New York legislators passed into law the fiscal year 2020 $175.5-billion budget on April 1, 2019, fully funding state government for the next fiscal year. Among the provisions enacted are many that affect labor and employment in general and the energy, media, finance, health care, and other industries in particular.
Littler Mendelson, P.C. • April 10, 2019
On April 1, 2019, New York Governor Andrew Cuomo announced amendments to the state’s fiscal year 2020 budget, which includes, among other things, an amendment to its Election Law entitling employees in New York to three hours of paid time off to vote.
Jackson Lewis P.C. • April 10, 2019
Westchester County has released a model Notice of Employee Rights for the Westchester County Earned Sick Leave Law (“WCESLL”), effective April 10, 2019.
Jackson Lewis P.C. • April 04, 2019
A revision to New York’s election law gives workers in the state up to three hours of paid time off to vote, Governor Andrew Cuomo highlighted in an announcement released on April 1, 2019, about New York’s enacted budget for fiscal year 2020.
Littler Mendelson, P.C. • March 28, 2019
New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13 hours of a 24-hour shift, so long as they are afforded eight hours for sleep breaks (five of which are uninterrupted) and three hours for meal breaks.
FordHarrison LLP • March 27, 2019
Executive Summary. Today the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers. The Court reversed two Appellate Division decisions, Andryeyeva v. New York Health Care, Inc., (“Andryeyveva”) and Moreno et al., v. Future Care Health Services, Inc., (“Moreno”) and ruled that home health aides were not automatically entitled to wages for each hour of the 24-hour shift. The Court deferred to the State Department of Labor’s (“DOL”) interpretation of its own regulation, that non-residential (“sleep-in”) home health aides may be entitled to 13 hours of wages, provided that they receive a sleep break of at least eight hours (receiving five hours uninterrupted sleep) and three hours of meal breaks. At the same time, the Court warned home care agencies that “failure to provide a home health aide with the minimum sleep and meal times required under the DOL’s interpretation of the Wage Order is a ‘hair trigger’ that immediately makes the employer liable for paying every hour of the 24-hour shift, not just the actual hours worked.” For the home care industry in New York State, this decision has enormous ramifications, which we discuss below.
Jackson Lewis P.C. • March 27, 2019
The New York Department of Labor’s (NYDOL) longstanding interpretation of its wage order as applied to the work hours of non-residential employees performing 24-hour (so-called “sleep-in” or “live-in”) shifts has been upheld by the New York Court of Appeals, to the relief of the state’s home healthcare industry. Andryeyeva v. New York Health Care, Inc., No. 11, and Moreno v. Future Care Health Servs., Inc., No. 12, 2019 N.Y. LEXIS 617 (N.Y. Mar. 26, 2019).
Littler Mendelson, P.C. • March 27, 2019
The day most anxiously anticipated (or dreaded) by the vast home care industry in New York has arrived, and a huge sigh of relief from home care agencies and New Yorkers who rely on their services can be heard across the state. An industry that has been fraught with hundreds of class action lawsuits was given the green light on March 26, 2019, to continue to follow the NY Department of Labor’s (NY DOL) interpretative guidance and pay home care aides for 13 hours of a 24-hour shift, so long as the workers are afforded 8 hours for sleep breaks (5 of which are uninterrupted) and 3 hours for meal breaks.
Jackson Lewis P.C. • March 25, 2019
The New York City Commission on Human Rights (CCHR) has released a Frequently Asked Questions (FAQs) page and other additional guidance for the City’s lactation room law, which became effective March 18, 2019.
Ogletree Deakins • March 18, 2019
The New York City Council recently passed two bills addressing lactation rooms for breastfeeding mothers. The first bill, Int. No. 879-A, requires employers with four or more employees to provide lactation room accommodations for breastfeeding individuals. The second bill, Int. No. 905-A, requires covered employers to implement a written lactation room accommodation policy to be distributed to all employees.
Jackson Lewis P.C. • March 14, 2019
Companies should begin preparing now for the new Westchester County Earned Sick Leave Law (“WCESLL”), which becomes effective on April 10, 2019. Here are five steps to get employers started.
Ogletree Deakins • March 12, 2019
In November 2017, the New York State Department of Labor (NYSDOL) issued a proposed predictive scheduling rule that would have imposed various call-in pay requirements when shifts are scheduled or cancelled on short notice or when employees are on call. On December 12, 2018, the NYSDOL issued a revised proposed rule containing numerous revisions based on feedback from the business community. Now, the NYSDOL has announced that it is abandoning the proposed rule altogether.
Goldberg Segalla LLP • March 05, 2019
The proposed New York call-in pay regulations are halted, according to a statement from the New York Department of Labor (DOL).
Littler Mendelson, P.C. • March 03, 2019
In 2017 and 2018, the New York State Department of Labor (NY DOL) issued two sets of proposed regulations to amend the Minimum Wage Order for Miscellaneous Industries and Occupations, which governs most employers in New York State, to incorporate predictable scheduling rules.1 These proposed regulations would have required employers covered by the Minimum Wage Order for Miscellaneous Industries and Occupations to provide employees work schedules at least 14 days in advance and to pay additional premium payments to employees whose schedules change, either by adding shifts or subtracting shifts, with less than 14 days’ notice. Despite multiple attempts to implement the regulations, the NY DOL has indicated that it is withdrawing them.
Jackson Lewis P.C. • February 28, 2019
The New York State Department of Labor (NYSDOL) is no longer pursuing regulations on “call-in pay,” or predictive scheduling, that would affect most New York employers.
Fisher Phillips • February 28, 2019
A New York federal court recently reinforced the limited geographic scope of the New York City Human Rights Law, a city law which provides broader anti-discrimination and anti-retaliation protections to employees than the New York State Human Rights Law and federal anti-discrimination laws.
Goldberg Segalla LLP • February 28, 2019
The New York City Commission on Human Rights released legal guidance relating to discrimination on the basis of hair and hairstyles. While the guidance does not change existing law, it makes clear the Commission’s position that the New York City Human Rights Law bans discriminatory practices by employers, housing providers, and other providers of public accommodations based on an individual’s natural hair or hairstyles that are closely related to racial, ethnic, or cultural identities.
Ogletree Deakins • February 28, 2019
On February 24, 2019, the Gender Expression Non-Discrimination Act (GENDA) became effective in the state of New York. GENDA bars discrimination, harassment, and retaliation on the basis of “gender identity or expression,” which is defined as “a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.” As with conduct based upon an individual’s age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, familial status or marital status, the state of New York now:
Ogletree Deakins • February 27, 2019
On February 19, 2019, the New York City Commission on Human Rights (NYCCHR) issued a sweeping and detailed legal enforcement guidance outlining new protections for New Yorkers who maintain “natural hair or hairstyles most closely associated with Black people.” The guidance states that the New York City Human Rights Law (NYCHRL) “protects the rights of New Yorkers to maintain natural hair or hairstyles that are closely associated with their racial, ethnic, or cultural identities,” and expressly “encourages employers and other covered entities to evaluate any existing grooming or appearance policies, standards, or norms relating to professionalism to ensure they are inclusive of the racial, ethnic, and cultural identities and practices associated with Black and historically marginalized communities.”
Ogletree Deakins • February 26, 2019
Westchester County, New York, which is located on the outskirts of the New York City metropolitan area, has enacted a ban-the-box law that places limits on an employer’s ability to make preemployment inquiries into and statements about a job applicant’s criminal history. The law will take effect on March 4, 2019. Westchester joins New York City in enacting a ban-the-box law.
Littler Mendelson, P.C. • February 24, 2019
The New York City Commission on Human Rights (NYCCHR) released enforcement guidance on Monday, February 18, 2019, defining discrimination based on natural hair and hairstyles as a subset of race discrimination.1 The NYCCHR explained that “[b]ans or restrictions on natural hair or hairstyles associated with Black people are often rooted in white standards of appearance and perpetuate racist stereotypes that Black hairstyles are unprofessional.”2 Therefore, the New York City Human Rights Law “protects the rights of New Yorkers to maintain natural hair or hairstyles that are closely associated with their racial, ethnic, or cultural identities” including “locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.” This anti-discrimination guidance on the basis of hair appears to be the first of its kind in the United States. Businesses with employees in New York City should review their grooming policies and dress codes to ensure they do not run afoul of this new guidance.
Jackson Lewis P.C. • February 21, 2019
Effective March 4, 2019, private employers in New York’s Westchester County will be restricted from inquiring about a job applicant’s criminal background during the preliminary stages of the application process.
Jackson Lewis P.C. • February 20, 2019
Legal enforcement guidance on race discrimination on the basis of hair from the New York City Commission on Human Rights affirms that employer policies on appearance and grooming that ban, limit, or otherwise restrict natural hair or hairstyles may be unlawful under the New York City Human Rights Law (NYCHRL).
FordHarrison LLP • February 15, 2019
xecutive Summary: On February 6, 2018, a New York federal judge rejected a challenge to a New York City law requiring fast-food businesses to, upon request of their employees, forward voluntary deductions from employee paychecks to nonprofits. The 2017 Deductions Law requires these businesses to create and maintain a payroll deduction system by which employees can donate a portion of their wages to certain nonprofits registered with the New York City Department of Consumer Affairs.
Littler Mendelson, P.C. • February 13, 2019
The New York home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are employed by third-party agencies must be paid for every hour of the shift and employers could not deduct sleep and meal periods.1 The uncertainty on how to pay the attendants could only be resolved by the court of appeals. Now, that time has come.
FordHarrison LLP • February 11, 2019
Executive Summary. Until last week, no New York court had ruled on the question whether a fiscal intermediary (FI) participating in New York’s consumer directed personal assistant program (CDPAP) was a joint employer of a consumer’s personal assistants (PAs). New York’s CDPAP regulations made FIs responsible for certain administrative and compliance functions, but it also prohibited FIs from recruiting, hiring, firing, training, supervising and scheduling PAs or managing the consumer’s care. Though the U.S. Department of Labor (USDOL) and states other than New York have recognized that FIs could choose to operate under the “vendor fiscal/employer agent model,” where the consumer is the sole employer of the PAs, New York had left this issue for decision by the courts. The decision in Hardgers-Powell v. Angels In Your Home LLC, 2019 U.S. Dist. LEXIS 16315 (W.D.N.Y. Jan. 30, 2019, No. 16-CV-6612-FPG) is the first to hold that an FI is a joint employer of personal assistants. Its rationale and logic are troubling. If the decision’s holding is adopted by other courts, FIs will face serious exposure on multiple fronts, as we explain below.
Goldberg Segalla LLP • February 06, 2019
It’s an all too common tale for many construction companies doing business in New York state. A unionized worker shows up on one of their job sites. Although the worker has been in the trade for decades, it’s the first time that the company has employed them. The worker is only on the job for a short time frame and subsequently retires. The worker, who began developing occupational hearing loss secondary to exposure to industrial noise decades ago, files a claim for workers’ compensation and submits a supporting medical report entitling them to a six figure schedule loss of use (SLU) award. Under the current state of the law, the company that last employed the claimant in the industry is liable for all of the claimant’s benefits up front regardless of the short duration of employment.
Jackson Lewis P.C. • February 05, 2019
Government agencies, businesses, hospitals and universities are the frequent targets of staggering data breaches that can affect millions of individuals. But K-12 schools are also at risk for cyber attacks as they rely more on technology for day-to-day operations and typically maintain a wealth of sensitive information about their students, teachers, administrators and other staff.
Littler Mendelson, P.C. • February 04, 2019
Devjani Mishra and Emily Haigh, of Littler’s New York City office, list their top 10 labor and employment compliance new year resolutions for businesses operating in the Empire State in 2019. They review several laws taking effect this year, offer practical guidance on how to juggle new requirements day-to-day, and identify legislative trends and court decisions to watch.
Jackson Lewis P.C. • February 04, 2019
The New York State Legislature gaveled in for the 2019-2020 Legislative Session on January 9, 2019, with Democrats in control of all three chambers of New York State government for the first time since the 2008-2009 session. As expected, the Democrats are flexing their muscles and progressive legislation traditionally stalled in a Republican-controlled Senate has been given new life. For example, two long-stalled progressive pieces of legislation, Gender Expression Non-Discrimination Act (GENDA) and the Child Victims Act (discussed below), were quickly passed by the Legislature.
Littler Mendelson, P.C. • January 30, 2019
It has never been easy for businesses to keep up with and ensure compliance with New York State’s and New York City’s employment laws, but calendar year 2018 presented a unique amount of new challenges for employers. The most significant change was the sexual harassment prevention laws the state and city passed that require covered employers to roll out mandatory anti-harassment policies and mandatory sexual harassment prevention training. In addition to these laws, various jurisdictions within New York State passed mandatory paid sick leave laws, and New York City passed a law requiring accommodations for lactating employees, “cooperative dialogue” requirements for employees who request certain types of accommodations, and “temporary schedule changes” for certain personal events.
Goldberg Segalla LLP • January 28, 2019
Gender identity and gender expression will now be protected under New York State's anti-discrimination law. Governor Andrew Cuomo signed the Gender Expression Non-Discrimination Act (GENDA) into law on January 25, 2019.
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.
Goldberg Segalla LLP • January 02, 2019
In August we notified our clients that the New York State Legislature had proposed an amendment to the Workers Compensation Law that would allow employees to take up to 12 weeks of Paid Family Leave for bereavement after the death of a family member (a spouse, domestic partner, child, parent, grandparent, grandchild, or in-law, under this law).
Ogletree Deakins • December 31, 2018
Effective October 9, 2018, New York State requires all employers to (i) establish a sexual harassment prevention policy and (ii) provide all employees with annual sexual harassment prevention training that must initially be completed by October 9, 2019 (i.e., one year after the law’s effective date). New York State has published a model anti-harassment policy, model complaint form, and model training program that employers may adopt. Alternatively, employers may adopt a policy and training program that meets or exceeds the detailed minimum standards provided by the state.
Fisher Phillips • December 30, 2018
The New York State Department of Labor recently issued proposed regulations seeking to curb on-call scheduling, “call-in” shifts, and last-minute shift changes. The proposed regulations endeavor to provide employees with more predictable schedules, or compensate them for last-minute schedule changes. If implemented, the regulations will severely impact scheduling practices of New York employers. What do you need to know about these proposals?
Fisher Phillips • December 30, 2018
As 2018 comes to a close, 2019 will bring new changes to the employment law landscape in New York City and the state of New York. New York employers should be cognizant of these impending new laws, as well as laws that went into effect in 2018, in order to ensure compliance with changing obligations.
Fisher Phillips • December 30, 2018
In its final session of the year, the New York City Council voted to prohibit employment discrimination based on an individual’s reproductive health choices. On December 20, the Council approved an amendment to the New York City Human Rights Law (NYCHRL) which will add “sexual and reproductive health decisions” to the list of protected classes under the law. The amendment was introduced to in response to the federal government’s efforts to curtail reproductive healthcare access.
FordHarrison LLP • December 28, 2018
Over the past several years, both New York State and New York City have enacted significant new employment and labor laws.
Jackson Lewis P.C. • December 28, 2018
New York State’s first-ever Comprehensive Lobbying Regulations were approved by the New York State Joint Commission on Public Ethics (JCOPE) and will take full effect on January 1, 2019. The new regulations incorporate and replace a patchwork of guidance documents, advisory opinions, and interpretations of New York’s Lobbying Act, dating back to 1978.
Littler Mendelson, P.C. • December 28, 2018
In case you missed it: On December 20, 2018, the New York City (NYC) Council added “sexual and other reproductive health decisions” to the list of protected classes under the NYC Human Rights Law. This measure is awaiting the mayor’s signature, which is expected. If signed, it will go into effect 120 days after enactment.
FordHarrison LLP • December 17, 2018
Over the past several years, both New York State and New York City have enacted significant new employment and labor laws. This Update summarizes the key laws you should be following and the penalties for violations.
Goldberg Segalla LLP • December 16, 2018
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.
Goldberg Segalla LLP • December 13, 2018
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.
Goldberg Segalla LLP • December 13, 2018
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
Goldberg Segalla LLP • December 13, 2018
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.
Jackson Lewis P.C. • December 12, 2018
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).
Littler Mendelson, P.C. • December 12, 2018
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.
Littler Mendelson, P.C. • December 11, 2018
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.
Littler Mendelson, P.C. • December 03, 2018
Emily Haigh and Devjani Mishra from Littler’s Manhattan office provide the inside scoop on some of New York City’s newest workplace regulations. Emily and Devjani first explore how the cooperative dialogue ordinance affects the procedures that employers use to evaluate employee accommodation requests. They discuss the law’s dialogue and documentation requirements plus how the law interacts with other NYC ordinances, including the paid sick and safe time and temporary scheduling laws. Emily and Devjani also review the city’s new lactation accommodation law, which takes effect on March 18, 2019.
Jackson Lewis P.C. • November 30, 2018
New York’s Suffolk County is the latest local jurisdiction to adopt legislation prohibiting employers from asking about the prior salary histories of prospective employees. The salary history ban amends the Suffolk County Human Rights Law, which defines an employer as persons or entities that employ at least four employees. The ban goes into effect on June 30, 2019.
Fisher Phillips • November 25, 2018
On the heels of the NYC Council passing (and the mayor signing into law) a bill requiring minimum payments for ride-sharing drivers and a one-year freeze on the number of ride-sharing vehicle licenses issued, the NYC Council just passed another six new bills aimed at protecting both taxi drivers and ride-sharing drivers. The bills, approved by the Council on November 14 and expected to soon be signed into law by Mayor DeBlasio, are focused not only on drivers’ pay, but also on the financial and mental well-being of drivers in the wake of a spate of recent driver suicides and some of the more macro-economic issues facing the taxi and ride-sharing industries in NYC.
Littler Mendelson, P.C. • November 19, 2018
On November 17, 2018, Sections 8-102 and 8-107(22) of the New York City Administrative Code were amended to require employers in New York City with four1 or more employees to (1) provide designated lactation room(s) for employees and (2) implement a lactation room accommodation policy. New York City law already prohibited discrimination based on pregnancy, childbirth, and related medical conditions and obligated employers to provide reasonable accommodations to nursing employees and to display a poster to alert employees about their rights to express milk in the workplace.2 The new amendments—which will take effect on March 18, 2019—expand on these requirements, as well as on the 2007 New York State Nursing Mothers Rights at Work Law.3
FordHarrison LLP • October 28, 2018
On October 17, 2018, the New York State Department of Labor (NYSDOL) released foreign language resources for employers and employees regarding the state’s new sexual harassment prevention laws and the necessary policy and training documents. As discussed in our August 29, 2018 Alert, earlier this year, New York State passed several new laws aimed at expanding employee awareness of sexual harassment. Among the new requirements placed on employers is mandatory annual anti-sexual harassment training and an anti-sexual harassment policy, which were required to be implemented by October 9, 2018. The state previously published English versions of a Model Sexual Harassment Policy, Model Complaint Form, Training Requirements, and FAQs, available at https://www.ny.gov/combating-sexual-harassment-workplace/employers.
Littler Mendelson, P.C. • October 26, 2018
Recent developments in New York City and Westchester County, New York, may require employers to review their existing leave policies and procedures. Revised Earned Sick and Safe Time Act rules were adopted in New York City, and Westchester County enacted a new ordinance, the Earned Sick Leave Law. Below we highlight the most notable changes in New York City’s rules and the new requirements in Westchester County.
Jackson Lewis P.C. • October 23, 2018
Private employers in New York City will have to find space for a “lactation room” under legislation expected to be signed by Mayor Bill de Blasio.
Fisher Phillips • October 23, 2018
Westchester County has just enacted an Earned Sick Leave Law which will soon require Westchester employers to provide sick leave to its employees. All Westchester employees—both full-time and part-time—who work more than 80 hours per year are eligible to earn sick time. The law, which was passed on October 1, will take effect 180 days from its adoption: March 30, 2019. What do employers need to know about this new law?
Fisher Phillips • October 22, 2018
New York City employers will almost certainly need to provide lactation rooms to breastfeeding employees in the near future thanks to a slate of new laws passed by city lawmakers. On October 17, 2018, the City Council passed a package of bills—dubbed the Mother’s Day bills—aimed at helping mothers and children. Included among the legislation is a requirement that employers with 15 or more employees provide a lactation room to any employee needing to express breast milk, and provide employees with written information on the room’s availability. The newly passed legislation awaits the mayor’s signature, and he is expected to sign the suite of bills. If signed, the lactation room laws will take effect 120 days from the date of signature. What do New York City employers need to know about these new requirements?
Jackson Lewis P.C. • October 15, 2018
A bill to amend New York City law to establish conditions and requirements for commercial lease renewals with the aim of preserving small businesses will have its first hearing in the City Council since 2009 on October 22, 2018.
Littler Mendelson, P.C. • October 09, 2018
Earlier this year, New York State adopted anti-sexual harassment legislation that the Governor described as the "strongest and most comprehensive" in the country, and that is now fully effective. As of October 9, 2018, employers must distribute to all New York-based employees an updated anti-sexual harassment policy that covers a number of key areas. Over the next 365 days, employers also must train all New York-based employees regarding sexual harassment and retaliation, and repeat such training annually thereafter. New York City has a similar sexual harassment training requirement that goes into effect on April 1, 2019. In this podcast, Littler attorneys Devjani Mishra and Emily Haigh help employers operating in New York State and City navigate these new requirements.
Jackson Lewis P.C. • October 05, 2018
All hotels in New York with at least five rooms will be required to post human trafficking “informational cards” throughout each hotel’s premises beginning October 14, 2018.
Goldberg Segalla LLP • October 05, 2018
New York State’s final guidance on sexual harassment legislation is out and will take effect on October 9, 2018. This is an update to guidance first enacted back in May of this year.
FordHarrison LLP • October 03, 2018
Executive Summary: As previously reported, New York State and New York City have implemented laws mandating sexual harassment training to all employees on an annual basis. The original state deadline for completing training was January 1, 2019. The state just extended the deadline to October 2019. Employers covered by the New York City law must comply with its training requirements beginning April 1, 2019. The state extension ONLY applies to the training. Employers are still required to adopt and promulgate a sexual harassment prevention policy by October 9, 2018.
Ogletree Deakins • October 03, 2018
As we previously reported here, here, and here, New York Governor Andrew Cuomo recently enacted an aggressive anti-sexual harassment law with stringent requirements for employers’ anti-harassment policies and training. A key component of the new law goes into effect on October 9, 2018, and requires every employer in New York State to establish a sexual harassment prevention policy. In addition, New York State employers must provide employees with sexual harassment prevention training that, under the final guidance, must be completed by October 9, 2019 (i.e., one year after the law’s effective date).
Jackson Lewis P.C. • October 02, 2018
The State of New York has issued final guidance on combating sexual harassment in the workplace. This includes updated guidance on the mandatory sexual harassment prevention policies and annual employee training applicable to employers in New York beginning October 9, 2018.
Littler Mendelson, P.C. • October 02, 2018
On Monday, October 1, 2018, the State of New York released final versions of a sexual harassment policy, complaint form, and employee training relating to sexual harassment, among other guidance, pursuant to legislation enacted in April 2018 targeting workplace sex discrimination and sexual harassment.1 Final versions of the State’s documents can be found here.
Franczek Radelet P.C • September 27, 2018
On September 18, 2018, Illinois Attorney General Lisa Madigan and New York Attorney General Barbara Underwood reached a settlement with WeWork a shared offices company that provides services around the world. Illinois and New York authorities had challenged WeWork’s widespread use of non-compete agreements for the vast majority of its employees, including low wage and non-skilled worked. The settlement with WeWork will impact approximately 3,300 employees across the US and end ongoing investigations in Illinois and New York.
Jackson Lewis P.C. • September 25, 2018
Employers covered by the New York City Human Rights Law (HRL) must engage in a “cooperative dialogue” with persons who may be entitled to reasonable accommodations under the HRL beginning October 15, 2018.
Littler Mendelson, P.C. • September 23, 2018
In the past year, both New York State and New York City have been active in amending their human rights laws. Most notably, both the city and state passed comprehensive anti-sexual harassment laws that require most employers to distribute anti-sexual harassment policies and to conduct annual anti-sexual harassment training of all employees. While these harassment laws have attracted much attention, the New York City Council passed a bill on December 19, 2017 that has flown under the radar even though it will have profound consequences for employers that operate in New York City.
Fisher Phillips • September 12, 2018
The scope of New York City’s marital status discrimination law was just expanded by a state appeals court, meaning that employers need to be even more wary when it comes to any workplace decisions taken on the basis of who someone is married to. On September 6, the Appellate Division for New York’s First Department answered for the first time the following question under the New York City Human Rights Law (HRL): may an employer dismiss an employee simply because the employee’s spouse, also a former employee, had taken a job with the employer’s competitor?
Littler Mendelson, P.C. • September 07, 2018
As addressed in our previous ASAP, New York State enacted new legislation in April 2018 targeting workplace sex discrimination and sexual harassment. The new Section 201-G of the State Labor Law will require all companies that have any employees in New York State to promulgate anti-sexual harassment policies, create and distribute a standard internal complaint form for employees to use, and provide annual anti-sexual harassment training for all New York-based employees. These requirements are effective on October 9, 2018.
Jackson Lewis P.C. • September 06, 2018
Beginning September 6, 2018, all New York City employers must distribute the New York City Commission on Human Rights’ mandatory fact sheet on the “Stop Sexual Harassment in NYC Act” to all new hires. Employers also may wish to distribute the fact sheet to existing employees, even though that is not expressly required by the law or by the city notice.
Jackson Lewis P.C. • September 05, 2018
A bill to amend New York City’s contracting process to improve the promptness of city agency payments to contractors has been introduced in the New York City Council. The bill’s sponsors introduced the measure following a news report on the city’s history of late payments to some social service vendors.
Ogletree Deakins • August 30, 2018
As we previously reported here and here, New York State and New York City each recently passed aggressive laws to combat sexual harassment in the workplace. On August 23, 2018, the New York State Department of Labor (NYSDOL) released drafts of model materials in addition to supplemental information to aid in compliance with the new laws. These include (1) a model sexual harassment prevention policy; (2) a model sexual harassment complaint form; (3) a model sexual harassment prevention training program; (4) minimum standards for employer sexual harassment prevention policies and trainings; and (5) a list of draft frequently asked questions (FAQs) on the new requirements.
FordHarrison LLP • August 29, 2018
xecutive Summary: Earlier this year, in response to the #MeToo movement, New York State passed several new laws aimed at expanding employee awareness of sexual harassment. (FordHarrison previously reported the updates to the State law in our April 27, 2018 Legal Alert). Among the new requirements placed on employers is mandatory annual anti-sexual harassment training and an anti-sexual harassment policy, which must be implemented by October 9, 2018. As the summer draws to a close, the State has issued a draft model policy, draft model training, and minimum standards for the creation of an employer’s own policy and training, if they choose not to adopt the models. A public comment period runs through September 12, 2018.
Fisher Phillips • August 29, 2018
It should come as no surprise that New York City is home to a large number of freelancers—approximately 400,000 according to the NYC Department of Consumer Affairs. In order to assist this growing population, the Mayor’s Office of Media and Entertainment of recently announced that a Freelancers Hub will be opening at the Made in NY Media Center in Brooklyn during the first week of October. Julie Menin, Commissioner of the Office of Media and Entertainment, said in a statement: “We’re extremely proud that The Freelancers Hub at the Made in NY Media Center will make New York the first city in the country to provide direct services and support to independent workers in the creative industries, demonstrating how cities and governments can help workers flourish and grow their business while maintaining the independence and flexibility that comes with freelance work.”
Goldberg Segalla LLP • August 27, 2018
Last week, New York State released anticipated guidance regarding new sexual harassment legislation that was enacted in May with major provisions effective October 9. The new website provides a model policy, model training, frequently asked questions, and a sample complaint form. All documents have been released as drafts, and the state is seeking public comment on or before September 12, 2018.
Goldberg Segalla LLP • August 24, 2018
As many New York City employers now know, on May 9, 2018, Mayor DiBlasio signed into law the Stop Sexual Harassment in NYC Act, which amended the NYC Human Rights Law to include mandates aimed at addressing and preventing sexual harassment in the workplace. The act effects a number of obligations, including one with a deadline of September 6, 2018 that maintains that employers must conspicuously display an anti-sexual harassment notice in employee breakrooms and other common areas in which employees gather. The NYC Commission on Human Rights, which enforces the act, published the poster at its website.
Fisher Phillips • August 24, 2018
Employers in New York have been eagerly awaiting the state’s anticipated model sexual harassment training and policies ever since the state passed significant new sexual harassment laws back in April. That day has finally arrived.
Jackson Lewis P.C. • August 24, 2018
The State of New York has issued draft guidance for employers on the mandatory sexual harassment prevention policies and annual employee training required by legislation passed earlier this year. Starting October 9, 2018, the enacted legislative package requires, among other things, that employers in New York adopt the state’s model sexual harassment prevention policy or modify an existing sexual harassment policy to meet the state’s minimum standards, and provide annual sexual harassment prevention training to all employees.
Littler Mendelson, P.C. • August 24, 2018
On August 23, 2018, New York Governor Andrew Cuomo issued an executive order that contains a model policy, model complaint form, and model training in accordance with the state’s new sexual harassment law. As we reported in April and August of this year, New York State recently passed a number of sexual harassment-related initiatives in the state’s 2018-2019 budget. For example, New York State now requires employers to provide all employees with annual anti-sexual harassment and discrimination training. The law also requires employers to promulgate written anti-sexual harassment policies to employees. While the law indicated an effective date of October 9, 2018 for these components of the law, it did not contain specific examples of training programs or policies that employers will be required to adopt. Instead, the law indicated that the Department of Labor “shall consult with the Division of Human Rights to create and publish” the model training and model policy. The executive order provides these examples, meaning the October 9, 2018 compliance date stands.
Fisher Phillips • August 21, 2018
A New York judge recently rejected an employer’s attempt to force an employment claim into arbitration due to a poor choice of wording in the written agreement. The August 7 decision might draw attention because of the identity of the employer—the Trump for President campaign organization—but it should be on your radar screen solely because it provides a lesson about the value of carefully drafted employment agreements.
FordHarrison LLP • August 15, 2018
Executive Summary: As part of the new anti-sexual harassment laws passed in response to the #MeToo movement this past spring, New York City now requires employers to post a notice of employees’ rights and remedies if they have been subjected to sexual harassment. (FordHarrison previously discussed the updates to the City law in our April 30, 2018 Alert.) The New York City Commission on Human Rights (“the Commission”) has issued a poster for use by employers: https://www1.nyc.gov/assets/cchr/downloads/pdf/materials/SexHarass_Notice-8.5x11.pdf. Employers must “conspicuously” display this poster “in employee breakrooms or other common areas employees gather” no later than September 6, 2018.
Littler Mendelson, P.C. • August 13, 2018
In April 2018, New York State and New York City each adopted expansive legislation directed at educating employees about workplace sexual harassment and reducing the incidence of harassment claims, as we reported in our prior article.
Goldberg Segalla LLP • August 12, 2018
New York is close to becoming the second state to enact legislation requiring employers to provide employees with bereavement leave. The legislation recently passed the New York Assembly and Senate and awaits the possible signature of Governor Andrew Cuomo.
Jackson Lewis P.C. • August 08, 2018
New York Governor Andrew Cuomo is setting the stage to begin debate over the legalization of marijuana for recreational use during the 2019 Legislative session. The current marijuana program, restricted to medical marijuana usage, was signed into law in 2014.
Fisher Phillips • July 31, 2018
On July 18, 2018, the New York City Temporary Schedule Change Law took effect. As we previously reported, under the new law, eligible employees have a right to temporary changes to their work schedule for certain “personal events,” up to two times a year, for one business day per event. A temporary change means an adjustment to the employee’s usual schedule, and can include shifting work hours, swapping shifts, working remotely, or unpaid or paid leave. The employee can request a temporary schedule change if the employee needs to provide care to a minor child or care recipient or to attend a legal proceeding for public benefits, as well as for any other permissible use under the City’s Safe and Sick Time Act. Our previous alert contains additional details regarding the requirements under this new law.
Jackson Lewis P.C. • July 24, 2018
The New York City Department of Consumer Affairs (DCA) Office of Labor Policy & Standards has released a mandatory posting, Frequently Asked Questions, and an overview for employers and workers called “What Employers/Workers Need to Know” as guidance on the temporary schedule change provisions of the New York City Fair Workweek Law. The temporary schedule change provisions require most New York City employers to grant employees two temporary changes to their work schedules each calendar year for certain “personal events.”
FordHarrison LLP • July 13, 2018
Executive Summary. In New York State, the State Human Rights Law ("HRL") was recently amended to prohibit sexual harassment against independent contractors. This is a major extension of sexual harassment protection with significant liability exposure for employers. Freelancers, consultants, project contract workers, vendors and suppliers are now protected from sexual harassment on the job, the same as employees.
Jackson Lewis P.C. • July 13, 2018
On the last day of the 2018 New York Legislative Session, lawmakers approved a measure that would expand access to the current New York Paid Family Leave benefit to employees experiencing bereavement due to the death of a family member.
Jackson Lewis P.C. • July 13, 2018
Starting on July 18, 2018, New York City employers are required to provide two temporary schedule changes to employees each calendar year for “personal events.” The law also protects employees from retaliation for making certain other schedule change requests.
Littler Mendelson, P.C. • July 08, 2018
On June 22, New York’s Third Department appellate court – which has jurisdiction over all state Unemployment Division appeals – issued a significant decision for “gig” economy companies with operations in New York. In Matter of Vega,1 the court found that a courier who performed delivery services arranged through Postmates’ web-based platform was as an independent contractor, and not an employee, for unemployment insurance purposes.
Littler Mendelson, P.C. • July 02, 2018
Last June, New York City passed legislation that significantly reduced fast food and retail employers’ flexibility in crafting schedules to meet their legitimate business needs. This “Fair Workweek” legislative package also included a requirement that fast food employers set up a system allowing employees to request payroll deductions for voluntary contributions to authorized not-for-profit organizations. This "Deductions Law" required fast food employers to remit these contributions directly to the not-for-profit organizations.
Jackson Lewis P.C. • June 29, 2018
A delivery courier fired by app-based food delivery service Postmates Inc. is an independent contractor, not an employee entitled to unemployment insurance benefits, the Third Judicial Department of the New York Supreme Court has ruled. Matter of the Claim of Luis A. Vega, No. 525233 (June 21, 2018). The case is one of many disputes across the country over the status of workers in the gig economy.
FordHarrison LLP • June 10, 2018
Executive Summary. Home care agencies in New York are still experimenting with different ways to meet the State's Wage Parity Act ("Act" or "WPA") requirements. The Act requires a minimum basic wage (cash) of the applicable New York State minimum wage plus additional wages or supplemental wages (i.e., benefits) equal to another $4.09 per hour in NYC or $3.22 per hour in Nassau, Suffolk and Westchester counties (the "WPA Package").
Jackson Lewis P.C. • June 05, 2018
A provision in New York’s 2013 Racing, Pari-Mutuel Wagering and Breeding Law authorizing casinos to take bets on sporting events had been held in suspension because of the federal ban on state-regulated sports wagering. Now, as a result of the U.S. Supreme Court’s striking down the Professional and Amateur Sports Protection Act of 1992 (PASPA), which prohibited state-regulated sports wagering, pending licensure by the New York State Gaming Commission, sports gambling in the state will become a reality.
Jackson Lewis P.C. • May 13, 2018
The 2018-2019 New York State Budget seeks to advance the state’s strategic policies of encouraging the merger of existing Licensed Home Care Services Agencies (LHCSAs), reducing the number of new LHCSA providers entering the marketplace, and providing more state control over existing LHCSAs. The state has adopted a freeze on new LHCSAs and a registration requirement, among other provisions.
Jackson Lewis P.C. • April 30, 2018
As reported in our blog post from November 6, 2017, the New York State Attorney General announced the release of the proposed Shield Act in early November, 2017. This new legislation (we have some links for you below) would make significant changes to New York’s cybersecurity provisions (primarily under General Business Law §899-aa and its sequential provisions), including the following:
Jackson Lewis P.C. • April 25, 2018
As part of the 2018-2019 New York State Budget, the Governor and the Legislature have agreed to a package of legislation addressing the opioid crisis in New York that includes requiring opioid manufacturers and distributors to help fund treatment programs.
Fisher Phillips • April 18, 2018
Employers operating in New York will soon face a raft of new sexual harassment laws. The state budget bill for the 2019 fiscal year approved by the New York State Legislature on March 31 and signed into law by Governor Andrew Cuomo late last week contains a host of significant provisions to strengthen the state’s sexual harassment laws.
Ogletree Deakins • April 18, 2018
On April 10, 2018, Westchester Country Executive George Latimer signed into law the Wage History Anti-Discrimination Law, which was adopted by a unanimous vote of the Westchester County Board of Legislators a day earlier. The new law will take effect 90 days following its adoption.
Jackson Lewis P.C. • April 17, 2018
New York’s Westchester County is the latest locality to adopt legislation prohibiting employers from asking prior salary histories of a prospective employee.
Jackson Lewis P.C. • April 16, 2018
As part of the FY 2019 NY State Budget, lawmakers recently enacted a program to potentially circumvent the recent Federal Tax Law change that imposes a $10,000 cap on the State and Local Tax Deduction (SALT) for individuals who itemize their deductions. The potential workaround, called the Employer Compensation Expense Program (ECEP), would allow employers to voluntarily opt in to a new ECEP structure that, when fully effective, would impose on employers a five percent payroll tax on all annual payroll expenses in excess of $40,000 per employee. The five percent would be phased in over three years beginning on January 1, 2019, starting at one and a half percent, three percent for Tax Year 2021 and five percent for 2021 and annually thereafter.
Goldberg Segalla LLP • March 25, 2018
One of the outcomes of the #MeToo movement is that state legislatures are revisiting the use of arbitration agreements, confidential settlement agreements, and jury waivers, as well as the scope of anti-discrimination and anti-harassment laws, in the employment setting. Most recently, on March 12, 2018, the New York State Senate passed a bill (Senate Bill S7848A) which includes a ban on confidential settlements and mandatory arbitration clauses of sexual harassment claims. This bill is now headed for the Assembly, and if passed (which appears likely) it will make its way to the desk of Governor Andrew M. Cuomo, who is likely to sign it in some form.
Littler Mendelson, P.C. • March 09, 2018
The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are employed by third-party agencies had to be paid for every hour of the shift and employers could not deduct sleep and meal periods.
Jackson Lewis P.C. • March 08, 2018
The New York City Council has introduced a package of legislation aimed at preventing sexual harassment in the workplace and strengthening the City’s anti-sexual harassment policies.
Jackson Lewis P.C. • March 07, 2018
The ever-moving target that is the New York Paid Family Leave law (“PFL”) has, unsurprisingly, shifted yet again. We recently received confirmation from the New York State regulators that employers do not need to cap the weekly employee payroll deduction for PFL at .126% of the New York State Average Weekly Wage (NYSAWW) (approximately $1.65 per week in 2018).
Jackson Lewis P.C. • February 13, 2018
New York Attorney General Eric Schneiderman has filed a civil rights lawsuit against Harvey Weinstein, his brother Robert Weinstein, and their company, The Weinstein Company (TWC).
Jackson Lewis P.C. • February 12, 2018
The New York Paid Family Leave (NY PFL) law has been in effect for over a month, yet reports indicate that many New York employers are not prepared for the operation requirements of the law. The basics of the law shouldn’t be news to employers with employees in New York. The NY PFL law provides employees with job-protected, paid leave to bond with a new child, to care for a family member with a serious health condition, or due to a qualifying exigency that arises when a family member is deployed abroad on active military duty. If you need a refresher on the law’s basics, review this NY PFL At-A-Glance and watch Jackson Lewis’s recorded webinar.
Littler Mendelson, P.C. • January 31, 2018
On December 19, 2017, on the heels of the effective date of the New York City Fair Workweek Act, the New York City Council passed another scheduling law that provides employees with additional rights to demand changes to their work schedules, with little flexibility for employers to reject such changes. The scheduling law, as discussed below, became effective on January 19, 2018.
Jackson Lewis P.C. • January 30, 2018
New York Governor Andrew Cuomo has proposed language in his budget amending the definition of a “Hotel” under the state Alcoholic Beverage Control (“ABC”) Law Section 3(14) to eliminate the requirement for hotels to have a restaurant in the building of the hotel.
Jackson Lewis P.C. • January 26, 2018
Enforcement of the Fast Food Deductions provisions in New York City’s Fair Workweek Law has been stayed by a federal judge pending resolution of a constitutional challenge brought by two restaurant advocacy groups.
Jackson Lewis P.C. • January 26, 2018
Starting on July 18, 2018, New York City employers will be required to provide temporary schedule changes to employees for a “personal event.”
Fisher Phillips • January 10, 2018
A federal district court in Brooklyn recently held that an employer does not owe a duty to protect patrons from assault unless the attack was “reasonably foreseeable,” specifying that businesses would only be put on such notice if similar attacks had occurred on or near the premises in the past. This decision should provide a measure of relief to New York retail operations, but also serves as a warning to take workplace safety concerns seriously (Cort v. Marshalls Department Store).
Jackson Lewis P.C. • January 09, 2018
New York employers should expect proposals to “combat sexual harassment in the workplace” in the 2018-2019 Executive Budget or as standalone proposals, New York Governor Andrew Cuomo announced in his 2018 State of the State address on January 3, 2018.
Jackson Lewis P.C. • January 09, 2018
Preventing sexual harassment in the workplace and clarifying the definition of retaliatory action are the topics of two bills introduced on the first day of New York’s 2018 legislative session.
Jackson Lewis P.C. • December 21, 2017
The New York City Council has passed a bill requiring entities covered by the New York City Human Rights Law (HRL) to engage in cooperative dialogue with individuals who may be entitled to reasonable accommodations under the Law. Passed on December 19, 2017, Int. 804-A applies to employers, providers of public accommodations, and providers of housing accommodations.
Jackson Lewis P.C. • December 21, 2017
he New York City Council has passed a bill to protect employees in the City who seek temporary changes to their work schedules for a “personal event.” The bill also protects employees from employer retaliation for making certain other schedule change requests.
Fisher Phillips • December 21, 2017
The New Year will bring a number of new employment laws to the Empire State and Big Apple. All employers with operations in New York should take note of these new laws — as well as significant laws that went into effect in late 2017— to ensure compliance with changing obligations.
Jackson Lewis P.C. • December 08, 2017
New York Governor Andrew Cuomo has long supported measures related to pay equity. In 2015, he signed a pay equity law that prohibited an employee from being paid a lower wage on the basis on gender. Similarly, in early 2017, Cuomo signed an executive order prohibiting state agencies from making pre-employment offer inquiries about a candidate’s prior or current salary.
Ogletree Deakins • December 07, 2017
As we previously reported, the New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, requiring virtually all private employers in New York to provide paid family leave benefits to eligible employees.
Ogletree Deakins • December 06, 2017
As we have previously reported, New York State’s Minimum Wage Orders set forth a schedule that provides for the automatic annual increase of, among other things, the salary basis thresholds for overtime exempt employees, the minimum wage applicable to all New York employers, and the permitted tip credits and uniform maintenance pay for New York hospitality employers. Below is a summary of some of the increases that will take effect on December 31, 2017.
Ogletree Deakins • December 04, 2017
In Chauca v. Abraham, No. 113 (November 20, 2017), the New York State Court of Appeals clarified the standard for awarding punitive damages under the New York City Human Rights Law (NYCHRL). Unlike Title VII of the Civil Rights Act of 1964, which provides for punitive damages where a plaintiff proves malice or reckless indifference, the NYCHRL does not articulate such a standard. In rejecting the Title VII standard for punitive damages, the New York State Court of Appeals held that “the standard for determining punitive damages under the NYCHRL is whether the wrongdoer has engaged in discrimination with wilful [sic] or wanton negligence, or recklessness, or a ‘conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.’”
Ogletree Deakins • November 30, 2017
The Albany County Legislature recently amended the Human Rights Law for Albany County to join New York City, Philadelphia, Massachusetts, Delaware, Oregon, Puerto Rico, California, and San Francisco in banning inquiries into salary histories. On November 6, 2017, County Executive Daniel P. McCoy signed the bill into law. It will go into effect 30 days after it is filed with the office of the New York secretary of state.
FordHarrison LLP • November 29, 2017
Notice of Extension. The New York State Department of Health (DOH) has extended the deadline from November 30 to close of business on December 15, 2017 for currently operating Fiscal Intermediaries under the Consumer Directed Personal Assistance Program (CDPAP) to submit their Applications for Fiscal Intermediary Authorization.
Jackson Lewis P.C. • November 26, 2017
On November 10, 2017, the New York State Department of Labor (NYSDOL) released draft regulations that would amend the rules for scheduling employees covered by the Minimum Wage Order for Miscellaneous Industries and Occupations (Miscellaneous Wage Order). Specifically, the proposed rules would revise Sections 142-2.3 and 142-3.3 of the Miscellaneous Wage Order regarding call-in pay.
FordHarrison LLP • November 17, 2017
Executive Summary. On November 1, 2017, the NYS DOH issued its "Application for Fiscal Intermediary Authorization" and implementation guidelines. Significantly, DOH imposed a very short timeframe, stating: "As of November 1, 2017, all existing FIs will have thirty (30) days to submit their FI Authorization application to the Department." If no filing is made, the FI must cease operating under CDPAP. Those who wish to begin operating an FI may also want to file by this date. A copy of the application can be obtained at https://www.health.ny.gov/health_care/medicaid/redesign/mrt_10003.htm
Jackson Lewis P.C. • November 15, 2017
Big changes may be in store for employers in New York who require employees to be “on call” or who are accustomed to making quick changes to employee schedules, including canceling shifts when customer or client demand changes.
Littler Mendelson, P.C. • November 15, 2017
On the eve of the November 26, 2017 effective date of New York City’s own predictive scheduling regulations that affect retail and fast food employers,1 the New York State Department of Labor has issued proposed predictive scheduling regulations for certain industries. The proposed regulations would revise the Minimum Wage Order for the Miscellaneous Industries and Occupations to limit employers’ ability to schedule employees for on-call shifts and require employers to pay employees for cancelled shifts and newly issued shifts. If the proposed regulations become effective, New York State would become the second state in the country to implement state-wide predictive scheduling rules.
Fisher Phillips • November 14, 2017
New York City’s Fair Workweek Law takes effect on November 26, 2017, thereby limiting the scheduling options and reducing the flexibility of retail and fast food employers. Not to be outdone, New York State is about to add additional restrictions regarding on-call practices statewide. On November 10, Governor Cuomo proposed statewide regulations targeting “on-call” scheduling. The regulations seek to curb employers’ ability to require an employee to be available to work only if needed, and to either contact the employer or wait to be contacted by the employer about whether to report to work – even if just shortly before the shift is scheduled to start.
Jackson Lewis P.C. • November 12, 2017
The New York City Department of Consumer Affairs (DCA) has issued proposed rules for the implementation of the Fair Workweek Law in an attempt to clarify and assist employers with compliance. The Law is intended to reform scheduling practices for fast food and retail workers in the City and will go into effect on November 26, 2017.
Littler Mendelson, P.C. • November 08, 2017
Slightly one year after the New York City Council introduced a bill that would expand the city's paid sick leave requirements to cover "safe time" leave, Mayor Bill de Blasio signed it into law on November 6, 2017. The law, Int. 1313-A, expands the list of covered reasons for which paid sick leave can be used to include “when the employee or a family member has been the victim of a family offense matter, sexual offense, stalking, or human trafficking.” As a result, many existing provisions have been amended to address safe time use, including documentation, confidentiality and notice to employees. Additionally, the law expands the list of covered family members for whom paid sick and safe leave can be used. The law takes effect on May 5, 2018, which is 180 days after the bill becomes law.
Fisher Phillips • November 07, 2017
Citing a sixty percent increase in data breach notifications from 2015 to 2016, New York Attorney General Eric Schneiderman recently introduced the Stop Hacks and Improve Data Electronic Security Act (SHIELD) bill. The legislation would require companies that handle sensitive date of New York residents to adopt “reasonable administrative, technical and physical protections for data.”
Jackson Lewis P.C. • November 06, 2017
On November 2nd, New York Attorney General Eric T. Schneiderman announced his proposal of the SHIELD Act – Stop Hacks and Improve Electronic Data Security Act – a bill that would heighten data security requirements for companies and better protect New York residents from data breaches of their personal information.
Fisher Phillips • November 06, 2017
New York City’s Department of Consumer Affairs (DCA), the agency tasked with enforcing the city’s new “Fair Workweek Law,” recently issued proposed rules to implement the legislation and provide guidance to covered employers and workers. Given that the law is scheduled to take effect in just a few weeks on November 26, 2017, you should familiarize yourself with the relevant statutes and examine the proposed regulations so that you are in a position to be in full compliance.
Jackson Lewis P.C. • November 02, 2017
The New York City Council overwhelmingly voted on October 31, 2017, to pass legislation (Int. 1652) that repeals the City’s longstanding Cabaret Law. At the same time, Int. 1652 retains certain security requirements of the old law for large establishments.
Littler Mendelson, P.C. • October 26, 2017
On October 16, 2017, New York City’s Department of Consumer Affairs (DCA)1 promulgated rules that further expand upon New York City’s Fair Workweek Law. These proposed rules add new and stringent restrictions on retail and fast food employers’ right to craft schedules for their employees. These rules also double down on the onerous regulatory and recordkeeping requirements that fast food and retail employers must follow.2 Written comments on the proposed rules are due on or before 5:00 p.m. on November 17, 2017. The public hearing is scheduled for November 17th at10:00 a.m. at 42 Broadway, 5th Floor, New York, NY 10004.
Littler Mendelson, P.C. • October 26, 2017
As we reported earlier this month,1 the New York State Department of Labor (“NYDOL”) issued an amendment, effective October 6, to its Minimum Wage Order for Miscellaneous Industries and Occupations to clarify that bona fide meal periods and sleep times may be excluded from hours worked by home care aides who work a shift of 24 hours or more in accordance with federal Fair Labor Standards Act regulations (“13-hour rule”). Because the NYDOL issued the amendment pursuant to the State Administrative Procedure Act as an emergency regulation, it is effective for only 90 days, and requires the publication of a statement explaining why the emergency regulation was necessary. The NYDOL issued that explanation today.
Jackson Lewis P.C. • October 26, 2017
Citing the need “to preserve the status quo, prevent the collapse of the home healthcare industry, and avoid institutionalizing patients who could be cared for at home,” the New York Department of Labor (NYDOL) has issued emergency regulations to ensure consistency with longstanding opinion letters issued by the Department and to clarify that time spent sleeping and on meal breaks is not compensable time for home healthcare aides who work shifts of 24 hours or longer at a client’s home.
Jackson Lewis P.C. • October 15, 2017
Effective October 31, 2017, New York City employers generally may not inquire about or rely upon a job applicant’s salary history in making employment decisions. The New York City Commission on Human Rights (NYCCHR) previously released an Employer Fact Sheet and a Job Applicant Fact Sheet to assist employers and employees with understanding the law.
FordHarrison LLP • October 11, 2017
Introduction. HOW you do things, it is said, is as important as WHAT you do. Operating a Fiscal Intermediary ("FI") under New York's Consumer Directed Personal Assistant Program ("CDPAP") epitomizes this. Do you know the difference between operating as a "Fiscal/Employer Agent" and an "Agency with Choice"? Do you know how to incorporate the Wage Parity Act ("WPA") into your wage and benefits package under CDPAP? The risks for getting it wrong are enormous. Here is a summary of what you need to know. Our goal is to teach how to get it right, with all the agreements, documents, and consumer orientation materials you need.
Littler Mendelson, P.C. • October 10, 2017
On October 6, 2017, the New York State Department of Labor (“NYDOL”) issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations (“Wage Order”)1 in response to recent court decisions finding that non-residential 24-hour home care attendants, also referred to as aides, must be paid for their sleep and meal periods. The new amendment states that bona fide meal periods and sleep times may be excluded from hours worked by home care aides who work a shift of 24 hours or more in accordance with federal Fair Labor Standards Act regulations.
Jackson Lewis P.C. • October 10, 2017
New York State Governor Andrew Cuomo and the New York State Department of Financial Services (“DFS”) have been busy on the cybersecurity front. In a press release on September 18, 2017, building upon the state’s pride in its “first-in-the-nation” cybersecurity regulations that were passed earlier this year, (which we previously discussed on our blog and in our articles Getting Prepared for the New York Department of Financial Services’ Proposed Cybersecurity Regulations, and New York Releases Revised Proposed Cybersecurity Regulations) the Governor directed that new regulations be put in place to require consumer credit reporting agencies to register with DFS (thus making them an entity subject to the DFS cybersecurity regulations). The Governor’s press release stated “[o]versight of credit reporting agencies will help ensure that personal information is less vulnerable to cyberattacks and other nefarious acts in this rapidly changing digital world.”
Goldberg Segalla LLP • October 06, 2017
Earlier this year, Mayor de Blasio signed a bill prohibiting all New York City employers from inquiring about an applicant’s salary history. The bill is set to go into effect on October 31, 2017, and employers should be prepared to implement new hiring policies, procedures, and documents by that time.
Jackson Lewis P.C. • October 03, 2017
In a significant blow to the home health care industry in New York, non-resident home health care attendants must be paid minimum wage for all hours they are required to remain at the client’s home, including hours when they may be sleeping, eating, or performing other personal tasks, the Brooklyn-based Appellate Division, Second Department, has held.
FordHarrison LLP • September 17, 2017
Executive Summary. Yesterday, in two long-awaited decisions, the New York State Appellate Division, Second Department ruled that home care workers who worked 24-hour shifts, commonly referred to as “live-in” shifts, were required to be paid for all 24 hours, regardless of the sleep and meal times they were afforded. The two cases are Andryeyeva v. New York Home Attendant Agency and Moreno v. Future Care Health Services, Inc.
Littler Mendelson, P.C. • September 17, 2017
A pair of New York state appellate decisions has serious implications for employers that offer 24-hour home care for clients by ruling that sleep and meal periods must be included in the hourly wages of home care attendants. On September 13, 2017, the Appellate Division (Second Department), in Andryeyeva v. New York Home Attendant Agency,1 upheld a trial court’s decision that certified a class of over 1,000 home care attendants who worked 24-hour shifts. In doing so, the court affirmed that sleep and meal periods had to be included in the hourly wages of home attendants who do not reside in the home of his or her client.2
Littler Mendelson, P.C. • September 13, 2017
The New York Paid Family Leave Benefits Law requires all employers covered by the New York Workers’ Compensation Law to provide coverage for paid family leave (PFL) benefits for their employees on or before January 1, 2018.1
Ogletree Deakins • September 08, 2017
The New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, requiring virtually all private employers in New York to provide paid family leave benefits to eligible employees. As employers begin the complicated process of complying with the PFL, including taking payroll deductions from employees (as employers were permitted, but not required, to do beginning July 1, 2017), the New York State Department of Taxation and Finance (DTF) finally released guidance on the tax implications of PFL benefits and contributions.
Littler Mendelson, P.C. • August 30, 2017
The New York State Department of Taxation and Finance (DOTF) issued much-needed guidance regarding the tax treatment of deductions from employee wages used to finance paid family leave premiums, and the tax treatment of paid family leave benefits to be received by eligible employees.
Jackson Lewis P.C. • August 29, 2017
The New York State Department of Financial Services (DFS) has set cybersecurity regulations that require minimum standards for protecting the customer information and information systems of the financial services industry. Unless an exemption applies, the deadline to comply with the first set of requirements under the new DFS Cybersecurity Regulations is August 28, 2017.
Jackson Lewis P.C. • August 28, 2017
The New York State Department of Taxation and Finance (the “Department”) recently provided guidance regarding the taxation of contributions made under, and benefits paid under, New York State’s new paid family leave program (“Program”). After reviewing applicable law and other guidance, and after consulting with the Internal Revenue Service regarding the appropriate tax treatment of Program contributions and benefits, the Department provided the following guidance:
Goldberg Segalla LLP • August 24, 2017
New York has joined a growing list of states with ethics boards limiting an attorney’s ability to participate in online legal service providers like Avvo and LegalZoom. Similar to other jurisdictions, the New York ethics board authored an opinion honing in on the so called “marketing fee” charged by Avvo for attorney use of its website. Although the opinion declines to decide a list of other potential ethical issues with the company, it concludes that the “marketing fee” is actually a referral fee in violation of Rule 7.2(a) of the New York Rules of Professional Conduct.
Franczek Radelet P.C • August 24, 2017
Are you an employer located in New York? Or might you employ even one worker in New York?
Ogletree Deakins • August 22, 2017
New York City has issued new rules interpreting the city’s Fair Chance Act (FCA). These rules, which went into effect on August 5, 2017, provide clarification and guidance on how employers can comply with the requirements of the FCA, the city’s restrictive “ban the box” law which prohibits (with few exceptions) employers from inquiring about or considering an individual’s criminal history until after a conditional offer of employment is extended.
FordHarrison LLP • August 20, 2017
Executive Summary: Starting October 31, 2017, a New York City law will make it illegal for employers to “inquire” into an applicant’s salary history. The law also prohibits employers who are aware of an applicant’s salary history from relying on that history in determining his or her compensation.
Littler Mendelson, P.C. • August 10, 2017
The New York Paid Family Leave Benefits Law (“PFLBL”), passed last year and effective January 1, 2018, will provide eligible employees with a paid, job-protected leave of absence, starting at 8 weeks in 2018 and eventually reaching 12 weeks by 2021. Employees may use paid family leave to bond with a new child, to care for a family member with a serious health condition, or to assist with family obligations when a family member is called to active military service. The wage replacement benefits, with certain exceptions, will be funded through payroll deductions, cover 50% of the employee’s average weekly wage commencing in 2018, subject to a statutory cap, and reach 67% or the statutory cap by 2021.1
Littler Mendelson, P.C. • August 01, 2017
New York City’s Fair Chance Act (FCA), which took effect October 27, 2015, imposes affirmative obligations on covered employers and employment agencies regarding when they may conduct criminal background checks on job applicants, and what process must be followed before making an adverse decision on the basis of an applicant’s criminal history. It is one of the nation’s most comprehensive "ban the box" laws restricting employers’ use of criminal history in the employment process.1 The New York City Commission on Human Rights ("the Commission") released comprehensive interpretive Enforcement Guidance regarding the FCA on November 5, 2015. In February, 2016, the Commission issued proposed regulations, and a public hearing regarding the proposed regulations was held on March 21, 2016.2
Goldberg Segalla LLP • July 30, 2017
In Spring 2016 we notified you of legislation enacting a 12-week paid family leave policy in New York. The New York Paid Family Leave Act (PFL) is a series of amendments to the state Workers’ Compensation Law set to take effect on January 1, 2018. PFL allows eligible employees to take paid leave time to care for a newborn, a covered service member, or a family member who has a serious health condition.
Littler Mendelson, P.C. • July 25, 2017
On July 18, 2017, in Gold v. New York Life Ins. Co., New York’s Appellate Division, First Department1 issued a decision that directly contradicted the decision of the U.S. Court of Appeals for the Second Circuit in Sutherland v. Ernst & Young, LLP.2
Jackson Lewis P.C. • July 21, 2017
The Workers’ Compensation Board adopted the final regulations for New York’s new Paid Family Leave Benefits Law (PFL) on July 19, 2017. Final Regulations were issued previously by the Department of Financial Services on May 16, 2017.
Jackson Lewis P.C. • July 18, 2017
In January, New York Governor Andrew Cuomo signed Executive Order 162, which requires most state contractors and subcontractors to disclose employee job title and salary data, in addition to the equal employment opportunity information (such as sex, race, and ethnicity) already required.
Littler Mendelson, P.C. • July 05, 2017
New York City’s Freelance Isn’t Free Act goes into effect on July 24, 2017. Anticipated rules to “clarify” the Act, which amend Title 6 of the City’s Rules by adding a new chapter 12, have now been promulgated by the Department of Consumer Affairs.1
Ogletree Deakins • July 02, 2017
On June 21, 2017, the New York State Assembly advanced Assembly Bill A2040C, which would restrict an employer’s ability to ask job applicants about their salary histories. If passed, the legislation would amend the New York Labor Law and apply to all New York State employers, including all public and private employers.
FordHarrison LLP • June 15, 2017
Executive Summary: New York City’s new package of “Fair Work Week” laws, which go into effect on November 27, 2017, will create new and burdensome scheduling and record-keeping requirements for retailers and fast food establishments, including an obligation to pay a “schedule change premium” to fast food employees. Select highlights of the new laws are explained further below.
Ogletree Deakins • June 14, 2017
Scheduling employees in retail and fast food establishments will now be a costly and confusing obstacle for employers. On May 30, 2017, New York City Mayor Bill de Blasio signed into law a legislative package consisting of five bills, collectively dubbed the “Fair Workweek” legislation. The legislation amends the New York City Administrative Code, Title 20, Section 1, Chapter 12, and imposes significant constraints on fast food and retail employers throughout New York City.
Goldberg Segalla LLP • June 01, 2017
Last spring we notified you of legislation enacting a 12-week paid family leave policy in New York. With amendments set to take effect at the start of 2018, employers should examine the latest proposed regulations and plan ahead for implementation.
Goldberg Segalla LLP • May 09, 2017
With the Freelance Isn’t Free Act (FIFA) scheduled to go into effect May 15, New York City employers must now prepare contracts — under the threat of potentially stiff penalties for noncompliance — in order to utilize independent contractors, as many of them do for a broad range of services.
Fisher Phillips • May 05, 2017
On April 4, 2016, Gov. Andrew Cuomo signed the New York Paid Family Leave Benefits Law (PFLBL), guaranteeing job protected, paid family leave (PFL) for virtually all private sector employees, effective Jan. 1, 2018.
Littler Mendelson, P.C. • April 17, 2017
The New York City Council has approved a bill that makes it an “unlawful discriminatory practice” for employers to inquire about the salary history of a prospective employee, or to rely upon salary history unless the applicant offers the information voluntarily. The legislation is aimed at eliminating what supporters say is one of the reasons the wage gap between men and women is perpetuated. The new law will take effect 180 days after Mayor de Blasio signs it, which is expected shortly, as the Mayor has publicly expressed his approval of the legislation.
Ogletree Deakins • April 10, 2017
On April 5, 2017, the New York City Council passed Intro No. 1253-2016 restricting an employer’s ability to ask job applicants about their salary, benefits, or other compensation history during the hiring process.
Jackson Lewis P.C. • March 07, 2017
New York’s Paid Family Leave Benefits Law (PFL) will provide broad paid family leave benefits through the state’s existing Disability Benefits Law for all employees who have worked at least 26 consecutive weeks (or 175 days for part-time employees) for the employer. The law also will provide such employees with the right to a leave of absence and guaranteed reinstatement even if they are not protected by the Family and Medical Leave Act (FMLA).
Fisher Phillips • March 03, 2017
New York’s Department of Financial Services Cybersecurity regulation became effective March 1. According to the press release issued with the regulation, the regulation is intended to require banks, insurance companies and "covered entities" to "establish and maintain a cybersecurity program designed to protect consumers' private data and ensure the safety and soundness of New York State's financial services industry.” This regulation is the first of its kind in the U.S, and will likely serve as a model to other states looking to address cybersecurity.
Ogletree Deakins • February 28, 2017
s we previously reported, the New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, and will require virtually all private employers in New York to provide paid family leave benefits to eligible employees. (Public employers are not required to participate, but may opt in to the program.)
FordHarrison LLP • February 26, 2017
Executive Summary: A company that terminates an employee — even if it offers the employee the chance to apply for a position with the company’s successor — cannot enforce restrictive covenants over that employee, a New York appeals court recently held. In Buchanan Capital Markets, LLC v. DeLucca, 144 A.D.3d 508 (2016), the First Department affirmed a lower court’s denial of a preliminary injunction seeking to enforce non-compete and non-solicitation agreements against four employees. The lower court found the employees were terminated without cause prior to a corporate merger. The appeals court held that allowing the employees the chance to apply to the successor entity, with no guarantee of future employment, was insufficient to show a continued willingness to employ the employees that merited the protection of injunctive relief.
FordHarrison LLP • February 03, 2017
Publicity. Radio, newspaper, and subway ads are driving Medicaid home care clients and home care workers to abandon traditional home care agency programs for the greater flexibility and freedom of choice of New York’s Consumer Directed Personal Assistance Program (“CDPAP”). Managed care companies are also on board, offering this as an alternative to traditional home care. The benefits to all are many and the restrictions are few, unlike traditional home care.
Fisher Phillips • January 19, 2017
In an effort to head off litigation by workers claiming they have been misclassified as contractors, companies using a largely on-demand workforce have been working with the New York State Assembly to develop a system of portable benefits to provide occasional workers with some level of benefits that would be available to them despite not being attached to a particular employer.
Jackson Lewis P.C. • January 13, 2017
The New York State Department of Financial Services (NYSDFS) has promulgated a regulation that requires insurance companies to provide Commercial Crime Coverage to employers who have prior knowledge of an employee’s prior criminal conviction. Commercial Crime Coverage is defined as coverage under a policy of commercial risk insurance that provides burglary and theft insurance or fidelity insurance.
Ogletree Deakins • January 13, 2017
There is no doubt that pay equity and pay data have both been a major focus of the federal government enforcement agenda during the Obama administration. While we wait to see if and how the Trump administration will address equal pay enforcement, several states continue to advance measures on pay equity. For example, Texas is considering a pay equity bill prohibiting employers from asking about an applicant’s wage history. Earlier this week, on January 9, 2017, New York Governor Andrew Cuomo signed two executive orders “to put New York on the fast track to eliminate the wage gap.” The executive orders, which Governor Cuomo signed as part of his 12th proposal of the 2017 State of the State Agenda, prevent employers from asking applicants about their salary histories and require certain government contracts to include data on employees’ job titles and salaries.
Jackson Lewis P.C. • January 10, 2017
The New York State Department of Financial Services (“DFS”) has released a revised version of its proposed cybersecurity regulations, which set regulatory minimum standards for protecting the customer information and information systems of the financial services industry. The Revised Proposed Regulations will become effective on March 1, 2017.
Jackson Lewis P.C. • January 09, 2017
Understanding the scarcity of H-1B visas, early in 2016, the New York City Economic Development Corporation (NYCEDC), in partnership with the City University of New York (CUNY), launched the International Innovators Initiative (IN2NYC) to build a pathway to help international entrepreneurs grow companies and create jobs in the United States, specifically in New York City.
Ogletree Deakins • December 30, 2016
The New York State Department of Labor (NYSDOL) recently proposed amended regulations that would significantly alter the salary levels for some executive and administrative exempt employees, as well as alter the permitted tip credits and uniform maintenance pay for New York hospitality employers. Just in time for the new year, the NYSDOL adopted the proposed regulations and released the final orders, which will be effective as of December 31, 2016.It also issued FAQ guidance on the increased minimum wage level levels.
Goldberg Segalla LLP • December 29, 2016
Beastly burden: Courts continue to address the sole proximate cause defense
It’s personal: Required knowledge for an effective defense witness
Can §241(1) apply even if the plaintiff does not fall to the ground?
Plus analysis of more than 50 cases from New York’s appellate courts
Jackson Lewis P.C. • December 14, 2016
The New York City Council has introduced six bills as part of a legislative package intended to reform scheduling and workplace practices for fast food and retail workers in New York City.
Jackson Lewis P.C. • December 08, 2016
New York State has adopted a new law that establishes the profession of licensed pathologists’ assistant.
Jackson Lewis P.C. • December 07, 2016
Governor Andrew M. Cuomo today announced the launch of a newly upgraded web-based search tool to help connect New York State residents struggling with addiction to treatment. The OASAS Treatment Availability Dashboard application allows New Yorkers to access any service in the New York State Office of Alcoholism and Substance Abuse Services continuum of care, including crisis, residential, inpatient, and now — outpatient and opioid treatment programs. By using the online and mobile-friendly platform, any New Yorker, including treatment providers, care coordinators, and health insurance professionals, can easily find a treatment bed or other available services, anywhere in the state and in real time.
FordHarrison LLP • December 06, 2016
Executive Summary: New York City employers should be aware of local laws that directly affect a company’s hiring and termination practices, including a recent one that makes it illegal for employers to discriminate based on “caregiver status.”
Jackson Lewis P.C. • December 05, 2016
New York State has adopted new law that establishes the advanced home health aide (AHHA) job designation. The AHHA program was first recommended in 2011. Governor Andrew Cuomo signed S. 8110/A.10707 into law on November 28, 2016.
Jackson Lewis P.C. • November 07, 2016
Taking aim at the growing threat posed by cyber-attacks to the financial services industry, the New York State Department of Financial Services (“DFS”) has proposed a first-of-its kind, far-reaching, rigorous cybersecurity framework that could become the national standard.
Littler Mendelson, P.C. • November 07, 2016
On October 27, 2016, the New York City Council approved a bill that would establish protections for freelance workers. It is expected that Mayor Bill de Blasio will sign the bill into law in the near future.
FordHarrison LLP • October 28, 2016
Executive Summary. Participation in Consumer Directed Personal Assistance Programs (“CDPAPs”) in New York has steadily increased since the NYS Department of Health announced that effective April 2016, relatives of consumers may be hired as the consumer’s personal assistants, so long as they are not “legally responsible” for the consumer’s “care and support.” This created an opportunity for children to get paid for taking care of their own parents and vice versa. The number of CDPAPs has also grown as NYS contracts with more traditional home care agencies, allowing them to expand their service options and accept CDPAP referrals from managed care organizations. However, undue risk exists if the CDPAP is operated in the wrong way without legal advice.
Ogletree Deakins • October 24, 2016
On November 8, 2016, voters across the country will cast their votes for president and vote in state and local elections. In New York, employers should ensure that they comply with New York’s voting leave law. Under N.Y. Election Law § 3-110(1), employers must provide their employees with “sufficient time” for “any election” so that employees may vote. Pursuant to N.Y. Election Law § 3-110(2), employers are not required to provide leave if an employee has four consecutive hours to vote either from the opening of the polls to the beginning of his or her work shift, or if the employee has sufficient time between the end of a working shift and the closing of the polls.
Jackson Lewis P.C. • October 18, 2016
The New York City Council has overwhelmingly passed a bill that mandates a 90-day transition period for displaced food service workers when a new owner or operator takes over a city building.
FordHarrison LLP • September 23, 2016
Executive Summary. Home care agencies in New York are experimenting with different packages of additional wages and benefits to meet the State’s Wage Parity Act requirements. This Act requires a minimum wage rate of $10.00 per hour and additional wages or benefits – a $4.09 per hour package in NYC and a $3.22 package in Nassau, Suffolk and Westchester counties (the “WPA Package”).
Jackson Lewis P.C. • September 22, 2016
A bill in the City Council of New York City would prohibit employers from inquiring about a prospective employee’s salary history. The bill’s purported aim is to close the gender pay gap by reducing the likelihood that women will be prejudiced by prior salary levels.
Jackson Lewis P.C. • September 14, 2016
New York Governor Andrew M. Cuomo announced yesterday a new proposed regulatiNYDFS-Logo-300x300on to address the growing threat posed by cyber-attacks. According to the State’s press release, the proposed regulation, which is subject to a 45-day notice and public comment period before final issuance, “aims to protect consumer data and financial systems from terrorist organizations and other criminal enterprises.” In the past 18 months, several other states – including Connecticut, Nevada, and Washington – have also taken legislation action to promote greater protection against cyber-threats.
Jackson Lewis P.C. • August 30, 2016
New York has beefed up protections for certain private and public sector employees, designating assaults against them as Class D felonies, rather than just Class A misdemeanors.
Littler Mendelson, P.C. • May 31, 2016
New York Governor Andrew Cuomo executed sweeping legislation on April 4, 2016, that will gradually raise the minimum wage in New York to $15 an hour1 and provide a phased-in system of paid family leave benefits providing covered employees up to 12 weeks of paid family leave – currently the most comprehensive paid family leave program in the nation. This Insight discusses the leave provisions, benefits schedule, coverage and other essential details of the new paid family leave law,2 referred to as the New York Paid Family Leave Benefits Law (“PFLBL”).
FordHarrison LLP • April 08, 2016
Executive Summary: On March 31, 2016, New York State lawmakers finalized a budget deal that included: (1) a bill mandating paid family leave for most employees (the "Paid Family Leave Law") and (2) a statewide incremental increase to a $15 per hour minimum wage.
Goldberg Segalla LLP • April 07, 2016
By 2018, employers in New York will be required to provide their employees with paid family leave. The federal Family Medical Leave Act requires employers with more than 50 employees to provide up to 12 weeks of unpaid leave for certain qualifying conditions such as the birth or adoption of a child or for the treatment of a serious health condition. Many states, such as Connecticut, have passed their own medical leave statutes which provide additional leave, on top of the 12 weeks guaranteed by federal law. In addition, those state statutes typically require fewer than than 50 employees for an employer to be covered under the act. Prior to this week, New York did not have its own medical leave statute supplementing the federal FMLA, but on April 4, it joined California, New Jersey and Rhode Island as the only states to offer their employees paid family leave. As part of the state’s 2016-2017 budget, Governor Andrew M. Cuomo signed legislation which enacts a statewide $15 minimum wage plan and a 12-week paid family leave policy.
Franczek Radelet P.C • April 06, 2016
Could this be a game-changer when it comes to paid family and sick leave?
Littler Mendelson, P.C. • March 11, 2016
The New York City Council recently passed two amendments to the New York City Human Rights Law that substantially limit New York City employers' ability to run criminal and credit checks on employees and applicants. At the same time, banks and financial services companies are in many cases obligated by law to conduct background checks on employees.
Ogletree Deakins • February 23, 2016
On January 1, 2016, New York City’s Mass Transit Benefits Law, Local Law 53, went into effect, requiring employers with 20 or more full-time employees working in New York City to offer commuter benefits to those full-time employees. Specifically, the law requires employers to offer full-time employees the opportunity to elect a pretax salary reduction to purchase qualified transportation fringe benefits (other than qualified parking). Although the law went into effect on January 1, 2016, employers will not be subject to penalties for violations that take place before July 1, 2016. In addition, employers will be permitted a 90-day cure period to correct a violation before the New York City Department of Consumer Affairs (DCA) imposes penalties.
FordHarrison LLP • February 02, 2016
Executive Summary. As most home care agencies know, the United States Department of Labor ("USDOL") eliminated the companionship exemption for home care agency workers on October 13, 2015 in its Final Rule on the Application of the FLSA to Domestic Service Workers ("Final Rule"). What they may not have considered, however, is that following the Final Rule, the NYS Domestic Workers Bill of Rights, which originally only applied to home care workers directly employed by individual households, now also applies to agency employed home care workers. For NYC agencies, in particular, coming into compliance with Domestic Workers Bill of Rights requires changes to the benefits they provide to their home care workers.
Littler Mendelson, P.C. • February 01, 2016
On January 6, 2016, the Commissioner of Health of the State of New York certified that the medical marijuana program established by New York’s Compassionate Care Act could be implemented in accordance with public health and safety interests. The next day, the first dispensaries offering medical marijuana in New York opened.
Jackson Lewis P.C. • December 23, 2015
New York State Hospitality Industry employers face several significant changes to employee compensation, effective December 31.
Jackson Lewis P.C. • December 18, 2015
Following other recent pro-employee legislation enacted in New York City, the New York City Council on December 16, 2015, passed a bill banning employment discrimination based on an individual’s actual or perceived status as a caregiver. (See our articles, New York City Issues Enforcement Guidance Related to City’s Fair Chance Act and City Agency Issues Guidance on New York City’s Newly Effective Credit Check Law.)
Goldberg Segalla LLP • December 09, 2015
Under New York City’s Earned Sick Time Act (Paid Sick Leave Law), employers with five or more employees must provide at least one hour of paid sick leave for every 30 hours worked, up to 40 hours of paid sick leave per year. Employers with fewer than five employees must provide sick leave on an unpaid basis.
Jackson Lewis P.C. • December 01, 2015
New York State has amended its Public Health Law through enactment of two pieces of legislation relating to breastfeeding and expression of breast milk. The legislation includes specific provisions applicable to employers.
Jackson Lewis P.C. • October 28, 2015
A New York City ordinance requiring most employers to provide qualified pre-tax transportation benefits to their employees becomes effective on January 1, 2016.
Ogletree Deakins • July 16, 2015
As we previously reported, the New York City Council recently passed the Fair Chance Act (Intro No. 318-A, 2014) that—among other requirements—prevents employers from inquiring about job applicants’ criminal arrests and convictions prior to hire. As expected, on June 29, 2015, New York City Mayor Bill de Blasio signed the legislation, meaning that the law will be effective as of October 27, 2015. At a signing ceremony, Mayor de Blasio stated that the new law “will open the door to jobs to New Yorkers who have paid their debt to society rather than condemning them to constant economic struggle.”
Ogletree Deakins • May 01, 2015
Margerum v. City of Buffalo, 24 N.Y.3d 721 (N.Y. Feb. 17, 2015): The New York Court of Appeals held that, where an employer has allegedly engaged in intentional discrimination to avoid or remedy an unintentional disparate impact, liability under the New York State Human Rights Law (NYSHRL) should be assessed under the federal standard developed by the Supreme Court of the United States in Ricci v. DeStefano.
Ogletree Deakins • May 01, 2015
On April 16, 2015, the New York City Council passed a bill to amend the New York City Human Rights Law (NYCHRL) to prohibit employers from requesting or using an individual’s credit history in making employment decisions. The bill (Intro. No. 261-A, 2014) would make it an unlawful discriminatory practice under the NYCHRL for any employer, labor organization, or employment agency to request or use the consumer credit history of an employee or an applicant for the purpose of making any employment decisions, including those related to hiring, compensation, or any other terms of employment. The bill defines “consumer credit history” to include an individual’s credit worthiness, credit standing, credit capacity, and payment history as indicated by a consumer credit report, credit score, or any information an employer obtains directly from an individual.
Goldberg Segalla LLP • March 05, 2015
Timely summaries of decisions from across New York, Connecticut, New Jersey, and Pennsylvania concerning workers' compensation matters. It also provides the latest news regarding litigation, changes in interpretive language used by the courts, permanency determinations, and more.
Ogletree Deakins • February 27, 2015
New York Department of Labor Increases Minimum Tipped Wages; Second Circuit Finds Highly Individualized Damages Inquiry Won’t Spoil Rule 23 Class Wage Claims; Second Circuit Critical of DOL Test in Pending Unpaid Intern Cases; New York Appellate Division Permits Worker to Establish Membership in Protected Class Based on Association with Another; New York Court Holds That Alcohol Treatment Is Not Compensable Time.
Ogletree Deakins • January 02, 2015
A Late Holiday Present from Governor Cuomo: Annual New York Wage Theft Prevention Act Notices Are Not Required Beginning in 2015; New York Employers Must Provide Unpaid Leave to Volunteer Emergency Responders During Declared Emergencies; The New York City Department of Consumer Affairs Provides Guidance Regarding the Earned Sick Time Act; Reminder: New York’s Minimum Wage Is Increasing to $8.75 Per Hour on December 31, 2014.
Ogletree Deakins • October 20, 2014
Internships and training programs have been a staple of the fashion industry (among many other industries) for years. Luxury retailers have traditionally offered internships in the areas of communications, marketing, merchandising, production, and public relations. The continuing role of such internships in teaching students, recent graduates, and others who aspire to careers in fashion about the fashion business is, however, under attack. In the aftermath of a 2013 ruling by a New York federal court that a film studio had violated minimum wage laws by not paying production interns on a film, New York plaintiffs’ lawyers have escalated the battle over “unpaid internships” in the fashion, media, and entertainment industries. In just the past year, intern wage actions have been filed in New York against at least five luxury retailers (including another titan of luxury just this past week); two media companies that are closely associated with luxury brands and fashion; and a dozen or so other entertainment, media, and events companies. Plaintiffs’ law firms have also created multiple websites for the sole purpose of recruiting interns to bring lawsuits against businesses in these industries.
Goldberg Segalla LLP • August 07, 2014
On July 22, 2014, New York Governor Andrew Cuomo signed legislation giving interns in New York State protections from sexual harassment and discrimination in the workplace similar to those given to regular workers. The amendment to the state’s Human Rights Law clarifies the status of interns in the workplace and likely heralds the spread of similar changes in other states and jurisdictions to extend such protections to the growing body of unpaid interns in the workforce.
Goldberg Segalla LLP • July 15, 2014
On July 7, 2014, New York became the 23rd state (plus the District of Columbia) to legalize medical marijuana, bringing the number of Americans who may lawfully use the drug with proper medical certification and/or supervision to approximately 100 million. The overwhelming acceptance by Americans of medical marijuana has even made its mark in the nation’s capital, where, in May, the U.S. House of Representatives amended an appropriations bill to prohibit the Drug Enforcement Administration from using taxpayer dollars to target and arrest patients and providers operating under state licenses.
Ogletree Deakins • July 01, 2014
New York Legislature Repeals Annual Wage Theft Prevention Act Requirement; New York Legislature Passes Medical Marihuana Law; Rochester, New York Adopts “Ban the Box” Criminal Background Check Law; E.D.N.Y. Finds No Per Se Violation of New York Correction Law Where Employer Failed to Conduct Required Analysis.
Ogletree Deakins • May 01, 2014
New York City Human Rights Law Expanded to Protect Unpaid Interns; New York Court of Appeals Emphasizes Need for Interactive Process When Accommodating Employees’ Disabilities; New York Bankruptcy Court Strikes Defenses to Federal and State WARN Acts; Southern District of New York Judge Conditionally Certifies Another Unpaid Intern Collective Action.
Ogletree Deakins • April 01, 2014
New York City Mayor Signs Expanded Sick Time Law, Effective April 1, 2014; Nation’s Largest Background Check Agencies Will No Longer Automatically Disqualify New York Job Applicants Based on Criminal Convictions; Second Circuit Holds That EEOC Charge Does Not Toll State Law Tort Claims
Ogletree Deakins • February 28, 2014
New York City Mayor Bill de Blasio Unveils His First State of the City Address and Budget and more.
Ogletree Deakins • January 31, 2014
New York State Passes Worker Misclassification Law for Commercial Transportation Industry; New York City’s New Administration Announces Proposed Changes to Impending Sick Leave Act; Second Circuit Emphasizes That Inconsistent Reasons for Employee Termination Can Be Sufficient to Overcome Summary Judgment; International Forum Selection Clause Enforceable Against Employee, Says the Second Circuit.
Ogletree Deakins • December 18, 2013
s we previously reported in our June 2013 issue, New York City recently became the largest municipality in the country requiring employers to provide sick time to employees under the “Earned Sick Time Act.” However, in order to become effective, the Act contains a unique provision that ties its effective date to the New York Coincident Economic Index. On December 13, 2013, the New York City Independent Budget Office announced that the economic thresholds were met and that the Act will go into effect on April 1, 2014. The letter on Coincident Indicators for the Paid Sick Leave Act is available on the Independent Budget Office of the City of New York’s website.
Ogletree Deakins • November 04, 2013
A Reminder About New York’s Voting Leave Law and Posting Requirements for the Off-Year Election; New York Court of Appeals Creates Negligent Drug Testing Claim; New York Court Declines to Find Extraterritorial Reach of Dodd-Frank Whistleblower Protection; New York City and State Human Rights Laws Do Not Apply to Unpaid Interns; New York County Lawyers’ Association Issues Ethics Opinion Restricting Attorneys from Claiming Dodd-Frank Bounties
Ogletree Deakins • October 01, 2013
New York City Council Expands Protection Against Pregnancy Discrimination; Second Circuit Dismisses Improper Deductions Class Action Suit Under CAFA and Holds That Liquidated Damages Under New York Labor Law Do Not Apply Retroactively; Southern District of New York Certifies Another Intern Misclassification Decision for Immediate Appeal to the Second Circuit.
Ogletree Deakins • July 01, 2013
New York City Council Passes Paid Medical Leave Effective April 2014; Reminder: “Unemployment” Status Is a Protected Category Under New York City Human Rights Law Effective June 11, 2013; New York Department of Labor Issues Proposed Guidance for Permissible Wage Deductions; Second Circuit Reaffirms that Private Prevailing Wage Claims Are Barred by Davis-Bacon Act; Southern District Continues Trend to Find Internship Programs Run Afoul of Wage and Hour Laws.
Goldberg Segalla LLP • April 08, 2013
The New York State Court of Appeals had good news for municipal employers in the state when it clarified a provision of the 2009 law that created a contributory tier for newly hired police and firefighters in the state. In two decisions issued on April 2 of this year the New York State Court of Appeals ruled that police officers and firefighters hired after January 1, 2010, must make contributions toward their pensions — even if the language of the applicable collective bargaining agreements states that employees are not required to contribute toward their pensions.
Ogletree Deakins • March 21, 2013
New York City will soon become one of only a handful of jurisdictions prohibiting discrimination on the basis of “unemployment” status and, in doing so, has adopted arguably the most stringent such law in the United States. As we previously reported our February 2013 issue, the New York City Council recently passed Bill No. 814-A that would modify the New York City Human Rights Law and create a private right of action prohibiting discrimination based on unemployment status. The bill was then vetoed by Mayor Michael Bloomberg, who called it a “misguided attempt to further protect the unemployed from discrimination” and stated that the bill “merely serves to add litigation, not jobs.” Despite Mayor Bloomberg’s strong objections, on March 13, 2013, the City Council overwhelmingly voted 43-4 in favor of overriding his veto. As a result, the bill goes into effect 90 days after final passage, or Monday, June 11, 2013.
Ogletree Deakins • March 01, 2013
New York City Council Passes Bill Prohibiting “Unemployment” Discrimination; Mayor Bloomberg Indicated Intention to Veto Bill; Second Circuit Decision Emphasizes Importance of Having Clear Administrative Exhaustion Language in ERISA Plans; Eastern District Concludes that ERISA Preempts Negligent Misrepresentation Claim; Third Department Affirms Unemployment Insurance Appeal’s Board Finding of No Misconduct Due to Unintentional Internet Usage; Settlement of Equal Pay Act Claims by Female Workers Does Not Provide Complete Defense Against a Later Suit by Male Workers for Resulting Unequal Pay
Ogletree Deakins • January 30, 2013
Reminder: New York Wage Theft Prevention Act Requires Annual Notices for All Employees by February 1, 2013
Governor Cuomo Proposes Increased Minimum Wage and Significant Changes to New York’s Employment Law in State of the State Address
E.D.N.Y. Rules That Private Postings on Social Media Relating to Plaintiff’s Mental State Are Fair Game for Discovery
Employer’s Requirement That Unpaid Interns Receive College Credit Was Not an Unlawful Deduction from Wages Under New York Labor Law
New York Court Holds That Extended Leave of Absence May Be a Reasonable Accommodation Under New York City Human Rights Law
First Department Appellate Court Reinforces Liberal Standard for Hostile Work Environment Claims Under the New York City Human Rights Law
Goldberg Segalla LLP • November 02, 2012
In a decision issued October 25, 2012, the New York Court of Appeals affirmed and extended one its most significant rulings in the recent past relative to public sector disciplinary proceedings for police officers.
Goldberg Segalla LLP • November 02, 2012
The New York State Court of Appeals recently issued a decision holding that a written determination that a firefighter violated his fire department’s Code of Conduct and Equal Employment Opportunity (EEO) Policy, made after a lengthy internal investigation, may not be placed in the firefighter’s permanent employment file. In this ruling that impacts both public and private employers, the court held that the firefighter’s due process rights were violated, as the firefighter had no opportunity to examine any of the witnesses interviewed or to present any witnesses on his own behalf.
Ogletree Deakins • October 24, 2012
Eastern District Refuses to Rely on Dukes to Kill Class Claims at Pleadings Stage of Sex Bias Lawsuit
Law School Grad Working as Graphic Consultant Not Exempt from Overtime Requirements: Reinforces Need to Evaluate Primary Duties and Avoid Reliance on Job Titles
Western District of New York Dismisses “Threadbare” FMLA and Discrimination Allegations at Initial Pleadings Stage
Southern District of New York Dismisses NYSHRL Claims that Arose Outside New York and Retaliation Claims for Failure to Demonstrate Pretext
Western District of New York Orders Limited Communications Between Defendant and Plaintiff in Wage and Hour Lawsuit
Southern District of New York Holds that Issue of “Covered Employer” Wage and Hour Liability Not Yet Ripe for Summary Judgment
Ogletree Deakins • October 19, 2012
In a case with far-reaching implications—including the potential for refund claims to be filed by any employer that has paid the Metropolitan Commuter Transportation Mobility Tax (the MTA Payroll Tax or MCTMT)—a Nassau County Supreme Court judge ruled that the MTA Payroll Tax was passed unconstitutionally. In anticipation of a flood of protective refund claims, the New York State Department of Taxation and Finance released special procedures for filing protective refund claims on October 17, 2012. Mangano v. Silver, No. 144440/10, New York Supreme Court (August 22, 2012).
Ogletree Deakins • October 16, 2012
With the general election fast approaching on Tuesday, November 6, 2012, now is the time for employers to ensure that they comply with New York’s voting leave law. Employers should be especially mindful that New York law requires the posting of a notice at least 10 working days prior to “every election,” meaning that the posting must go up by Tuesday, October 23, 2012 to ensure compliance for the upcoming general election. The New York State Board of Elections’ sample poster can be found here.
Ogletree Deakins • September 24, 2012
New State Law Expands Scope of Permissible Wage Deductions
Second Circuit Finds that After-Hours Work is Considered “Hours Worked” for Purposes of Determining Eligibility for Leave Under the FMLA
Second Circuit Allows Employer to Rely on Circumstantial Evidence After Death of Decision-Maker
Eastern District of New York Dismisses Religious Discrimination and Disparate Treatment Claims Where Employer Provided Reasonable Accommodation and Never Disciplined Employee
Southern District of New York Examines the Meaning of “Employer” for Related Company and Individual Defendants Under the FLSA
FordHarrison LLP • September 21, 2012
Executive Summary: Two new amendments to New York General Business Law Section 399-dd, commonly known as the Social Security Number Protection Law, have been passed for the purpose of further safeguarding employees' social security numbers. Signed into law by Governor Andrew Cuomo on August 14, 2012, the first change becomes effective on November 12, 2012, while the effective date for the second change is December 12, 2012. The two amendments will be codified as Section 399-ddd.
Ogletree Deakins • August 05, 2008
New York law requires employers to provide nursing mothers reasonable unpaid break time or paid break time or meal time to express breast milk in the workplace for up to three years after the birth of a child. Recently, the New York Commissioner of Labor issued guidelines requiring employers to provide written notice of this right to employees who are returning to work following the birth of a child. Notice can be provided individually to the affected employees, or to all employees, in either a handbook or a posting. An employee wishing to take this leave must give her employer advance notice.
Ogletree Deakins • August 05, 2008
New York law requires that employers (with 20 or more employees) provide employees three hours of leave time each year for the purpose of donating blood. Recently, the New York Commissioner of Labor issued guidelines for implementing this leave.