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New York City Commission on Human Rights Issues Mandatory Anti-Sexual Harassment Poster

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: Employers must “conspicuously” display this poster “in employee breakrooms or other common areas employees gather” no later than September 6, 2018.

New York City Commission on Human Rights Publishes Poster and Fact Sheet on Sexual Harassment; Employers Should Prepare for Upcoming Deadlines

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.

New York Attorney General Collects $120,000 From Aldo For Unlawful Employment Application

New York State Attorney General Barbara D. Underwood recently announced a $120,000 settlement with Aldo, a national shoe retailor. In New York City, employers are prohibited from inquiring into an applicant’s criminal history on an initial application for employment. So-called “Ban the Box” legislation such as this has been popping up all across the country in recent years, prohibiting employers from inquiring into the criminal histories of potential job applicants.

New York Moves on Bereavement Leave Legislation

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.

Employers In New York City Must Allow Temporary Schedule Changes

Effective July 18, 2018, employers in New York City are required to grant two temporary schedule changes (without disciplinary consequences) per calendar year to employees for qualifying “personal events.” This law amends the New York City Fair Workweek Law, which came into effect late last November.

New York Steps Closer to Legalizing Recreational Marijuana Use with Creation of Drafting Workgroup

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.

NYC Releases Posting Requirement for New Schedule Change Law

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.

New York Attorney General Cracks Down On Construction Companies Misclassifying Workers

Former New York State Attorney General Eric T. Schneiderman collected over $7 million for construction workers in back wages during his tenure from 2011 to 2018. Most recently, the former New York State Attorney General obtained guilty pleas from three Queens-based construction companies for misclassifying over 150 workers as independent contractors rather than employees. The plea agreements require the three business owners to pay a total of $371,447.01 for unpaid wages and $359,747.86 in unpaid unemployment contributions to the New York State Department of Labor.

New York City DCA Issues Guidance on Temporary Schedule Change Amendments to Fair Workweek Law

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.”

New York City Considering Mandatory Minimum Wage for App-Hail Drivers

Executive Summary: The introduction of ride-hailing apps has upended the taxi and for-hire car industry in New York City. What began with a promise of independence and wealth for drivers has actually pushed more into dire financial straits, as competition has increased. Now, following a string of driver suicides, New York City’s Taxi and Limousine Commission (TLC) is considering imposing minimum wage requirements on certain app-hailing services like Uber and Lyft.