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Poster Released for the Westchester County Earned Sick Leave Law

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.

New York City Employers May Be Barred from Testing Job Applicants for Marijuana Use

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.

Westchester County, NY Publishes Paid Sick Leave Notice and FAQs, As New Law Takes Effect

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.

New York City Will Ban Pre-Employment Marijuana Testing in 2020

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.

Earned Sick Leave in Westchester County, NY: What Employers Need to Know

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.)

Nice Boots, Nice Hair, and One Touch Makes For Sexual Harassment Under NYC Law

The recent court decision in Suri v. Grey Global Group, Inc., should serve as a wake-up call for employers in New York City amidst the #MeToo movement. In Suri, the trial court granted the employer’s motion to end the case. The employee alleged a hostile work environment based on gender due to three incidents: (1) the supervisor/alleged harasser said the employee had nice hair; (2) had nice boots; and (3) once touched her knee and squeezed lightly for a few seconds when they sat next to each other in a meeting. The employee admitted she did not say anything to the alleged harasser when he touched her leg and it never happened again. However, in light of the “nice boots” and “nice hair” comments, she considered the touching a sexual advance. After this incident, the employee claimed her work life was miserable until she was fired as part of a reduction in force.

New York Expands Employees’ Voting Leave Rights

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.

Pre-Employment Marijuana Drug Testing Goes Up in Smoke in NYC

On April 9, 2019, the New York City Council passed a first-of-its-kind bill that prohibits pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. Mayor Bill de Blasio is expected to sign the bill into law, which would take effect one year after enactment.1 Significantly, the law would not prohibit employer drug-testing programs that test existing employees for marijuana.

New York City Publishes Sexual Harassment Prevention Training Video and New FAQs

As we have previously reported,1 New York State and New York City both enacted legislation in 2018 that require New York employers to train their employees in workplace sexual harassment prevention. The state training legislation went into effect on October 9, 2018, and the city training legislation went into effect on April 1, 2019. Together, the laws require employers to train their New York-based workforce annually and to cover certain topics during the training such as the definition of sexual harassment, a manager’s role in preventing sexual harassment, retaliation, and bystander intervention, among other topics.

NYC Council Votes To Ban Pre-Employment Marijuana Testing

The New York City Council just passed legislation which will prohibit employers from requiring a prospective employee to submit to drug testing for the presence of tetrahydrocannabinols (THC), the active ingredient in marijuana, as a condition of employment. The law, which is expected to soon be signed into effect by the mayor, will amend the New York City Human Rights Law and make it a discriminatory practice to require a job applicant undergo pre-employment marijuana testing. What do New York City employers need to know about this latest development?