On July 18, 2017, in Gold v. New York Life Ins. Co., New York’s Appellate Division, First Department1 issued a decision that directly contradicted the decision of the U.S. Court of Appeals for the Second Circuit in Sutherland v. Ernst & Young, LLP.2
Articles About New York Labor And Employment Law.
Final New York Paid Family Leave Regulations Released: What Employers Need to Know
The Workers’ Compensation Board adopted the final regulations for New York’s new Paid Family Leave Benefits Law (PFL) on July 19, 2017. Final Regulations were issued previously by the Department of Financial Services on May 16, 2017.
New York State Releases Draft Compensation Reporting Documents for State Contractors
In January, New York Governor Andrew Cuomo signed Executive Order 162, which requires most state contractors and subcontractors to disclose employee job title and salary data, in addition to the equal employment opportunity information (such as sex, race, and ethnicity) already required.
New Rules Applicable to NYC’s Freelance Isn’t Free Act Prevents Covered Employers from Utilizing Arbitration Provisions and Class Action Waivers
New York City’s Freelance Isn’t Free Act goes into effect on July 24, 2017. Anticipated rules to “clarify” the Act, which amend Title 6 of the City’s Rules by adding a new chapter 12, have now been promulgated by the Department of Consumer Affairs.1
NYC Enacts “Fair Work Week” Laws for Retail and Fast Food Employees
Executive Summary: New York City’s new package of “Fair Work Week” laws, which go into effect on November 27, 2017, will create new and burdensome scheduling and record-keeping requirements for retailers and fast food establishments, including an obligation to pay a “schedule change premium” to fast food employees. Select highlights of the new laws are explained further below.
New York City Enacts Laws Limiting Employers’ Flexibility To Staff Employees
On May 24, 2017, the New York City Council passed five bills – collectively called the “Fair Workplace” legislative package – four of which significantly restrict the ability of fast food and retail employers to schedule their staff. On May 30, 2017, Mayor de Blasio signed these bills into law, making their effective date November 26, 2017. As discussed below, these laws severely impact the ability of fast food and retail employers to create and modify their employees’ schedules and impose harsh penalties for changes, despite employers’ legitimate scheduling needs. A final bill passed with this package requires fast food employers to deduct voluntary contributions to not-for-profit organizations from employees’ pay.
New NY Paid Family Leave Proposed Regulations Released
Last spring we notified you of legislation enacting a 12-week paid family leave policy in New York. With amendments set to take effect at the start of 2018, employers should examine the latest proposed regulations and plan ahead for implementation.
Mayor Signs Major Workplace Reforms for Fast Food & Retail Workers
Mayor Bill de Blasio signed the New York City Council’s five-bill Fair Work Week legislative package, intended to reform scheduling and workplace practices for fast food and retail workers in New York City.
NYC’s “Freelance Isn’t Free” Act Effective May 15, 2017
Executive summary: A new law regulating the hiring and payment of freelancers in New York City took effect May 15, 2017. The “Freelance Isn’t Free” Act impacts a large range of industries that routinely rely on independent contractors, including tech, media, and third-party services companies.
New NYC Law Imposes Additional Requirements on Companies Contracting With Freelancers
Effective May 15, 2017, the “Freelance Isn’t Free Act” delineates additional duties for businesses contracting with freelance workers on or after May 15, 2017, in New York City.
Future of Direct Deposit and Payroll Debit Card Regulations in Question
New York State employers waiting for definitive regulations clarifying and specifying acceptable ways to pay employees will remain in the dark for a little while longer — the New York State Department of Labor (DOL) has filed an appeal in hopes of resurrecting regulations regarding debit card and direct deposit payments to employees. These regulations would have gone into effect this past March, but were blocked by the New York State Industrial Board of Appeals (IBA) in February.
Contracts Now Required for NYC Employers Using Freelancers
With the Freelance Isn’t Free Act (FIFA) scheduled to go into effect May 15, New York City employers must now prepare contracts — under the threat of potentially stiff penalties for noncompliance — in order to utilize independent contractors, as many of them do for a broad range of services.
NYC Enacts New Law Limiting Prospective Employers’ Ability to Obtain and Use Salary History
New York City Mayor Bill de Blasio signed into law on May 4, 2017, legislation that will prohibit employers from inquiring about, relying upon, and verifying a job applicant’s salary history. The bill, authored by New York City Public Advocate Letitia James, will apply to all employers in New York City, public and private. The legislation will take effect on October 31, 2017, 180 days after signing.
New York City Set to Ban Inquiries About Salary History
The New York City Council has approved a bill that makes it an “unlawful discriminatory practice” for employers to inquire about the salary history of a prospective employee, or to rely upon salary history unless the applicant offers the information voluntarily. The legislation is aimed at eliminating what supporters say is one of the reasons the wage gap between men and women is perpetuated. The new law will take effect 180 days after Mayor de Blasio signs it, which is expected shortly, as the Mayor has publicly expressed his approval of the legislation.
NYC Approves Legislation Restricting Salary Inquiries of Applicants
Earlier this month, the New York City Council approved a bill that would prohibit NYC employers from inquiring about an applicant’s salary history during all stages of the employment process. NYC employers should take a close look at the bill and revamp their hiring procedures to be compliant.