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Reminder to Post New York State Election Leave Notices

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.

Sexual and Reproductive Health Law Took Effect In NYC May 20th

As we wrote last December, New York City has a new law protecting people from discrimination based on their decision to receive things like fertility-related procedures, family planning services, abortion procedures or birth-control. The law took effect May 20th.

New York City Passes Law Which Prohibits Pre-Employment Marijuana Testing

And just like that, an employer’s ability to pre-screen job applicants for marijuana use goes up in smoke. On April 9, New York City Council voted 40-4 to pass a bill which will prohibit employers from conducting pre-employment drug testing for marijuana and THC – the active ingredient in marijuana. Mayor de Blasio was expected to sign the Bill, however, 30 days have come and gone since passage and it remains unsigned. Since the law was not signed or vetoed within 30 days of passage, it became law on May 10, 2019. The law will come into effect on May 10, 2020 – giving employers one year to come to grips with this new revelation.

Amendments to New York Election Law Require Postings and Paid Time Off

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.

New York Bill to Amend Deceptive Trade Practices Law May Encourage Lawsuits

The New York legislature is considering significantly expanding the state’s deceptive trade practices law to cover “unfair” and “abusive” practices and to raise the minimum amount recoverable for proving a claim from $50 to $2,000. In addition, the bill (S.2407 and A.679) would authorize class actions “to recover actual, statutory and/or punitive damages” for the first time under the law.

Earned Sick Leave Law Takes Effect in Westchester County, NY

As we previously wrote, Westchester County, New York’s Earned Sick Leave Law went into effect on April 10. In preparation, the County recently released FAQs for employers and employees as well as a Notice of Employee Rights, which employers may download and use to satisfy part of the law’s notice requirement.

Westchester County Employers Obligated To Provide Safe Time Leave In Addition To Sick Time

Westchester County passed yet another leave ordinance – this time requiring “safe time” leave. The law takes effect October 30, 2019. For Westchester employers, this marks two new leaves in under 12 months.

New York City Ban on Pre-Employment Drug Testing Won’t Apply to (most) Healthcare Workers

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.

Required OSHA and Safety Training in NYC Extended … Again

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.

New York’s Highest Court Upholds 13-Hour Rule for Payment of Live-in Home Health Aides

In two recent companion cases, Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc., the New York Court of Appeals upheld the New York State Department of Labor’s (NYSDOL) 13-hour rule for the payment of home health aides working 24-hour shifts. Under this rule, an employer may pay home health aides for only 13 hours of a 24-hour shift if the aides receive at least 3 hours of meal break time and at least 8 hours of sleep (at least 5 of which must be uninterrupted).