Prospective employers in Rochester, New York, will no longer be able to ask applicants to describe their criminal history in an employment application, and for a time thereafter. The City on May 20, 2014, enacted a “Ban the Box” Ordinance, which restricts the timing of these pre-employment inquiries.
Articles Discussing General Topics In New York Labor & Employment Law.
Before offering severance to a departing employee, New York employers should be aware of recent changes to the New York unemployment insurance law. These changes may affect both the timing and language of the severance agreement.
New York State has enacted new compliance obligations for non-profit employers, transporters of commercial goods, and health care employers.
The New York Commissioner of Labor has issued final regulations for the amendment to the state’s wage deduction statute, Labor Law § 193, that became effective November 6, 2012. The amendment, which contains a three-year expiration (November 6, 2015, unless extended), clarifies and limits prior restrictions on employer deductions from wages.
The New York State Department of Health has adopted regulations to prevent influenza transmission by employees of healthcare and residential facilities and health care agencies. Covered health care facilities and agencies are required to develop and implement policies and procedures to ensure compliance with the new regulation.
The New York State Court of Appeals had good news for municipal employers in the state when it clarified a provision of the 2009 law that created a contributory tier for newly hired police and firefighters in the state. In two decisions issued on April 2 of this year the New York State Court of Appeals ruled that police officers and firefighters hired after January 1, 2010, must make contributions toward their pensions — even if the language of the applicable collective bargaining agreements states that employees are not required to contribute toward their pensions.
In the aftermath of the Connecticut and Colorado mass shootings, national attention has turned to attempts to stem the tide of gun violence through stricter firearm regulations. Most of the debate has centered on limiting the type of firearms that are on the market and the qualifications for purchasing a firearm. We expect that as the debate continues there will be greater attention given to workplace violence and regulations that will impact firearms in the workplace.
A person may not be required to disclose or furnish his or her Social Security Number (SSN) for any purpose under new section 399-ddd of New York’s General Business Law, effective December 12, 2012. The new law safeguarding SSNs applies to employers and certain other entities in the state. Businesses must review their practices relating to employees, customers and other individuals in situations where all or a part of the SSN is involved.
The aftermath of Hurricane Sandy, and the one-year anniversary of Hurricane Irene, present unfortunate reminders to employers of the need to prepare effectively for the various employment-related issues posed by natural disasters. What follows are some frequently asked questions and answers (FAQ) to help guide New York employers through some of the critical issues they may face in times of crisis.
In a decision issued October 25, 2012, the New York Court of Appeals affirmed and extended one its most significant rulings in the recent past relative to public sector disciplinary proceedings for police officers.
The New York State Court of Appeals recently issued a decision holding that a written determination that a firefighter violated his fire department’s Code of Conduct and Equal Employment Opportunity (EEO) Policy, made after a lengthy internal investigation, may not be placed in the firefighter’s permanent employment file. In this ruling that impacts both public and private employers, the court held that the firefighter’s due process rights were violated, as the firefighter had no opportunity to examine any of the witnesses interviewed or to present any witnesses on his own behalf.
Executive Summary: Two new amendments to New York General Business Law Section 399-dd, commonly known as the Social Security Number Protection Law, have been passed for the purpose of further safeguarding employees’ social security numbers. Signed into law by Governor Andrew Cuomo on August 14, 2012, the first change becomes effective on November 12, 2012, while the effective date for the second change is December 12, 2012. The two amendments will be codified as Section 399-ddd.
A person may not be required to disclose or furnish his or her Social Security Number (SSN) for any purpose under a new law signed by New York Governor Andrew Cuomo. The new law safeguarding SSNs (A.8992-A/S.6608-A) applies to employers and certain other entities in the state. It adds new section 399-ddd to the General Business Law of the Empire State and becomes effective December 12, 2012 (120 days from enactment). Businesses must review their practices with employees, customers and other individuals in situations where all or a part of the Social Security Number is involved.