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.
Articles Discussing General Topics In New York Labor & Employment Law.
New York City Issues New Enforcement Guidance on Discrimination Based on National Origin, Immigrant Status
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.
Employers May Face New Challenges and Liabilities for Violating New York’s Frequency of Pay Law
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.
New York Revises Employment Protections for Domestic Violence Victims, Adds Accommodation Obligations
New York has amended its Human Rights Law to expand protection from employment discrimination for victims of domestic violence.
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 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 State Creates Panel to Study Robots, Artificial Intelligence
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.
New York Enacts SHIELD Act, Adding Data Security Requirements and Strengthening Data Breach Requirements
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.
New York Enacts the SHIELD Act
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.
New York Seeks to Add Protections for Discrimination and Retaliation Based on Immigration Status
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.
New York Expands Telemedicine Regulations
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.
NYC Public Accommodations Will be Required to Post Signs that Portable Ramps are Available
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.
New York Legislature Passes Bill Allowing Liens on Employers for Alleged Wage Claims
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.