On June 13, 2019, the New York City Council passed Intro 799 to prohibit retaliation against individuals who make a request for a reasonable accommodation under any applicable provision of chapter 1 of the New York City Human Rights Law.
Articles About New York Labor And Employment Law.
New York Adopts Laws Aimed at Combating Salary Inequality and Race Discrimination
In the final days of its 2019 Session, the New York State Legislature passed three bills that, respectively, will bar employers from inquiring about applicants’ past salary history, prohibit wage differentials based on protected class status, and ban race discrimination based on an employee’s hair or hairstyle. Governor Andrew M. Cuomo is expected to sign these bills.
New York Expands Harassment Laws
Employers will face greater potential liability under bills passed on June 19 and 20 to lower the standard of review for sexual harassment cases (S.6577 [Biaggi]/A.8421 [Simotas] and a related amendment [S. 6594/A. 8424]). The final, omnibus bill was crafted with the participation of Governor Andrew Cuomo’s office. Governor Cuomo is expected to sign the bill.
New York State Significantly Expands its Workplace Harassment Laws (Again)
As its session draws to a close, the New York State Legislature substantially revised the state’s anti-discrimination and anti-harassment laws this week, and Governor Andrew Cuomo has promised to sign the new measures imminently. The new legislation builds on the sexual harassment reforms that the state implemented over the course of 2018.
New York Considers Aggressive Consumer Privacy Law
The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most robust state privacy law in the United States. The CCPA seems to have spurred a flood of similar legislative proposals on the state level, and it was only a matter of time before the Empire State introduced its own version of the law. The New York Privacy Act (NYPA), s5642, introduced last month by New York Senator Kevin Thomas, the Chair of the Consumer Protection Committee, is considered a more expansive version of its California counterpart.
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.
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.
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.
Westchester County Adopts Safe Time Law
On May 3, 2019, Westchester County Executive George Latimer formally signed into law the County’s Safe Time Leave for Victims of Domestic Violence and Human Trafficking Law (“Safe Time Law”), which provides eligible employees who are victims of domestic violence or human trafficking with up to 40 hours of paid leave in a calendar year to attend criminal and civil court proceedings and/or relocate to a safe location. The Safe Time Law becomes effective in 180 days from adoption, which is in late October 2019.
New York Offers Tax Credit To Employers Who Hire Recovering Substance Abusers
In an effort to combat the ongoing opioid crisis and substance abuse, New York State’s Budget for Fiscal Year 2020 includes the nation’s first tax incentive program for certified employers who hire people recovering from substance use disorders in full-time or part-time positions. The purpose of the Recovery Tax Credit program is two-fold: to create a recovery-oriented culture in business and local communities, as well as encourage growth by increasing employment opportunities.
Update: New York City’s Ban On Pre-Employment Marijuana Testing Will Take Effect on May 10, 2020
We previously blogged about the law passed by the New York City Council on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana.
New York City Employers Are Barred from Testing Job Applicants for Marijuana Use
Intro 1445-A became effective on May 10, 2019. It is the first of its kind law in the United States, prohibiting New York City employers from requiring prospective employees to submit to testing for the presence of tetrahydrocannabinol (THC), the active ingredient in marijuana. The obligations under the new law are applicable to employers on May 10. 2020.
Westchester County, NY Enacts Standalone Paid “Safe” Time Ordinance
Westchester County, New York has enacted a new ordinance, the “Safe Time Leave Law,” that, beginning October 30, 2019, will require all private employers to provide up to 40 hours of paid leave for victims of domestic violence and human trafficking. This ordinance will apply to employees1 who are employed in the county for more than 90 days in a calendar year on a full-time or part-time basis, with few exceptions.2 The new paid leave requirement is in addition to existing paid or unpaid leave obligations employers have under the county’s paid sick leave ordinance, as well as anti-discrimination and reasonable accommodation obligations for victims of domestic violence, sex offenses, or stalking under the county’s Human Rights Law.