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New York Expands The Data Breach Umbrella: More Cybersecurity Incidents Will Require Breach Compliance From Businesses Who Possess Private Information For New York Residents

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.

The New York SHIELD Act: What Employers Need To Know

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.

New Notification Requirements in New York for Healthcare Providers Facing a Cybersecurity Incident

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.

NYS Eases Burden of Proof for Discriminatory Harassment

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.

New York Protects Religious Garb And Facial Hair In The Workplace

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?

New York Expands Harassment Laws, Protections of Religious Attire, Clothing, or Facial Hair

New York state has enacted sweeping new workplace harassment protections for employees, including lowering the standard for when harassment is actionable.

New York’s New Employment Discrimination Laws Are Here

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.

New York Governor Signs Law Prohibiting Hairstyle Discrimination

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?

Westchester County Implements Safe Time Leave

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.

Federal Judge Strikes Down NY’s Sexual Harassment Arbitration Ban

An agreement to arbitrate sexual harassment claims is enforceable, according to a recent decision handed down by a federal judge in the Southern District of New York, despite a state law purporting to ban mandatory arbitration of such claims (Latif v. Morgan Stanley & Co., LLC.). The decision clears up confusion that had existed for much of the past year, as employers were caught between a broad new state law and a well-established federal policy permitting arbitration of such claims. What do New York employers need to know about this recent decision?
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