In an initiative that is virtually without precedent in New York, in the past two months (June 15, June 22 and August 4) Attorney General Schneiderman announced agreements with three separate companies in three different industries under which they each agreed to stop utilizing non-compete agreements that applied to a broad range of their employees.
Articles About New York Labor And Employment Law.
Certain Large Retailers and Food Service Employers in NYC Must Enter Labor Peace Agreements under New Executive Order
On July 14, 2016, New York City Mayor Bill de Blasio promulgated an Executive Order that requires all large retail or food service employers operating on the premises of a “City Development Project” to sign a so-called “Labor Peace Agreement” with any union that seeks to represent their employees. Under the agreement, the employer agrees to “maintain a neutral posture” in the union’s efforts to organize their employees.
New York City Expands Law Governing Displaced Building Service Workers
Mayor Bill de Blasio recently signed a bill amending the New York City Displaced Building Service Workers Protection Act (“the Displaced Workers Act” or “the Act”), first enacted by the City Council in 2002. As originally adopted, the Act required one building service contractor taking over another contractor’s work to retain the prior contractor’s building service workers for a 90-day transition period, during which they could not be discharged without cause, and after which they had to be offered continued employment if their performance during the transition period was satisfactory.1 These requirements remain, but the new amendments significantly expand the Act’s coverage.
Proposed Rule Would Radically Alter Use of Direct Deposit and Paycards in New York
On June 15, 2016, the New York State Department of Labor (“NYSDOL”) published a proposed rule governing the permissible methods for an employer in New York to pay wages to employees. The most radical change is that all current consents for direct deposit will be invalid and every employee that accepts payment by direct deposit will have to reauthorize its use. New York employers only have until July 15, 2016, to submit proposed comments.
NY State Division of Human Rights Prohibits Discrimination Based on Relation or Association
The New York State Division of Human Rights recently adopted new regulations that prohibit discrimination based on a relationship or association with members of a protected class (race, color, creed, national origin, sexual orientation, gender identity, disability, or other protected characteristic of their family members or associates).
Understanding New York’s New Paid Family Leave Law
New York Governor Andrew Cuomo executed sweeping legislation on April 4, 2016, that will gradually raise the minimum wage in New York to $15 an hour1 and provide a phased-in system of paid family leave benefits providing covered employees up to 12 weeks of paid family leave – currently the most comprehensive paid family leave program in the nation. This Insight discusses the leave provisions, benefits schedule, coverage and other essential details of the new paid family leave law,2 referred to as the New York Paid Family Leave Benefits Law (“PFLBL”).
What Employers Need to Know About the New York City Pregnancy Accommodation Enforcement Guidance
The New York City Commission on Human Rights has released enforcement guidance on the New York City Pregnant Workers Fairness Act identifying five categories of potential violations and emphasizing the need to engage in cooperative dialogue to reach accommodation.
Minimum Wage Increases in New York: What Employers Should Know
On April 4, 2016, New York Governor Andrew Cuomo executed sweeping legislation as part of the 2016-17 state budget, implementing a complicated and staggered set of minimum wage increases, and creating a system of paid family leave benefits.1 This Insight describes the schedule and details of the minimum wage increases to be implemented commencing December 31, 2016, and continuing each year until 2021.
New York Enacts Paid Family Leave Law and Increases Minimum Wage Rate
Executive Summary: On March 31, 2016, New York State lawmakers finalized a budget deal that included: (1) a bill mandating paid family leave for most employees (the “Paid Family Leave Law”) and (2) a statewide incremental increase to a $15 per hour minimum wage.
New York State Introduces Paid Family Leave
By 2018, employers in New York will be required to provide their employees with paid family leave. The federal Family Medical Leave Act requires employers with more than 50 employees to provide up to 12 weeks of unpaid leave for certain qualifying conditions such as the birth or adoption of a child or for the treatment of a serious health condition. Many states, such as Connecticut, have passed their own medical leave statutes which provide additional leave, on top of the 12 weeks guaranteed by federal law. In addition, those state statutes typically require fewer than than 50 employees for an employer to be covered under the act. Prior to this week, New York did not have its own medical leave statute supplementing the federal FMLA, but on April 4, it joined California, New Jersey and Rhode Island as the only states to offer their employees paid family leave. As part of the state’s 2016-2017 budget, Governor Andrew M. Cuomo signed legislation which enacts a statewide $15 minimum wage plan and a 12-week paid family leave policy.
Paid Family Leave Becomes Law in New York Through an Insurance-Style Scheme. Will Other States Follow?
Could this be a game-changer when it comes to paid family and sick leave?
Amendments to New York City’s Human Rights Law Strengthen Protections in Employment, Public Accommodations
Consistent with recent pro-employee and tenant legislation and the stated broad remedial purpose of the New York City Human Rights Law (“NYCHRL”), Mayor Bill de Blasio has signed into law five amendments to the New York City Administrative Code to strengthen civil rights protections; remove language regarding sexual orientation; give the New York City Human Rights Commission the authority to award attorney’s fees; add franchiser, franchisee, and lessor to the list of those who cannot discriminate by refusing someone public accommodations on the basis of gender, race, disability, or any other protected class; and make it unlawful to deny someone housing because he or she is a victim of domestic violence.
New York City Update: New Developments in Paid Sick Leave, Consideration of Criminal Background Information
New York City continues to refine existing obligations imposed on New York City employers and propose new ones.
Background Checks in Banks, Conflicts with New Laws
The New York City Council recently passed two amendments to the New York City Human Rights Law that substantially limit New York City employers’ ability to run criminal and credit checks on employees and applicants. At the same time, banks and financial services companies are in many cases obligated by law to conduct background checks on employees.
Proposed Regulations Issued by the New York City Commission on Human Rights Clarify and Expand the Citywide “Ban-the-Box” Law
New York City’s Fair Chance Act (FCA), which became effective on October 27, 2015, imposes obligations on covered employers and employment agencies well beyond all other “ban-the-box” laws.1 On November 5, 2015, the New York City Commission on Human Rights (the Commission) released its 13-page Interpretative Enforcement Guidance regarding the FCA. As explained in our previous Insight, the ambitious scope of the Guidance makes the onerous nature of the FCA more apparent, with the Commission expounding at length on protections that ex-offenders enjoy in New York City throughout the hiring process—as well as during employment—as the Guidance defines the term “applicant” to include both prospective and existing employees.2