New York State and New York City have issued expansive new guidelines to protect the rights of transgender and gender non-conforming individuals.
Articles About New York Labor And Employment Law.
Understanding New York Regulations Regarding Prohibited Discrimination on the Basis of Gender Identity, Transgender Status, or Gender Dysphoria
New York State and New York City both recently enacted regulations and enforcement guidance designed to prohibit discrimination on the basis of gender identity, transgender status, gender expression and gender dysphoria.1 Both have now taken effect.
New York City Earned Sick Time FAQs Updates
Additional guidance for employers covered by New York City’s Earned Sick Time Act has been issued by the City’s Department of Consumer Affairs (DCA), the agency currently charged with enforcing the law, in recently updated Frequently Asked Questions (FAQs). These were last updated in September 2015.
NYSDOL Issues Guidance on Fast Food Wage Order and Increased State Cash Minimum Wage For Hospitality Workers
The New York State Department of Labor (NYSDOL) recently posted answers to Frequently Asked Questions related to the new Fast Food Wage Order and increased state minimum wage for hospitality workers, both of which take effect on December 31, 2015. As previously covered here, the state minimum wage in New York will increase to $9.00 for all hospitality-based employees not covered by the Fast Food Wage Order. The maximum tip credit available for such workers will be reduced to $1.50, from the current amount of $3.75, requiring a minimum cash wage of $7.50. Of note, the Fast Food Wage Order FAQ clarifies the NYSDOL’s view that no tip credit is available for employees covered by the Order, including delivery employees.
Significant Changes to New York State Hospitality Industry Wage and Hour Laws Effective 12/31/15
New York State Hospitality Industry employers face several significant changes to employee compensation, effective December 31.
Most New York City Employers Must Offer Commuter Transportation Benefits to Full-Time Employees
New York City’s Mass Transit Benefit Law requires that most New York City employers with at least 20 full-time employees offer such full-time employees the opportunity to use their pre-tax earnings, up to $130 per month,1 to pay for certain “qualified transportation fringe benefits,” but not qualified parking.
New York City Council Adds Caregiver Status to List of Protected Classifications
Following other recent pro-employee legislation enacted in New York City, the New York City Council on December 16, 2015, passed a bill banning employment discrimination based on an individual’s actual or perceived status as a caregiver. (See our articles, New York City Issues Enforcement Guidance Related to City’s Fair Chance Act and City Agency Issues Guidance on New York City’s Newly Effective Credit Check Law.)
New York City Enacts Municipal Office of Labor Standards; Office’s Initial Mandate Is To Enforce NYC Earned Sick Time Act
On November 30, 2015, New York City Mayor Bill De Blasio signed a bill establishing an “Office of Labor Standards,” to be headed by a Director appointed by the Mayor. The Office, once established, is tasked with “study[ing] and mak[ing] recommendations for worker education, safety and protection, educat[ing] employers on labor laws, creat[ing] public education campaigns regarding worker rights, and collect[ing] and analyz[ing] labor statistics.” The ordinance also empowers the Office to administer and enforce the requirements of New York City’s Earned Sick Time Act, which generally requires covered employers with at least 15 employees to provide paid sick time to covered, qualifying employees.
New York City Publishes Additional Guidance on Paid Sick Leave Law
Under New York City’s Earned Sick Time Act (Paid Sick Leave Law), employers with five or more employees must provide at least one hour of paid sick leave for every 30 hours worked, up to 40 hours of paid sick leave per year. Employers with fewer than five employees must provide sick leave on an unpaid basis.
“Ban-the-Box” Guidance Issued in New York City
New York City’s “ban-the-box” law — entitled the Fair Chance Act (FCA) — became effective October 27, 2015 and amended the NYC Human Rights Law by making it an unlawful discriminatory practice for most employers, labor organizations, and employment agencies to inquire about or consider the criminal history of job applicants until after extending conditional offers of employment. The FCA also requires an employer that wishes to withdraw its offer give the applicant a copy of its inquiry into and analysis of the applicant’s conviction history, along with at least three business days to respond.
New York State Clarifies Rights of Working Mothers
New York State has amended its Public Health Law through enactment of two pieces of legislation relating to breastfeeding and expression of breast milk. The legislation includes specific provisions applicable to employers.
Industrial Board of Appeals Hears Arguments Regarding New York Fast Food Wage Order
Last week, the New York Industrial Board of Appeals (an arm of the New York Department of Labor) heard oral argument on the National Restaurant Association’s petition to invalidate the Department of Labor’s recent Fast Food Wage Order. If implemented, the Wage Order, which is scheduled to take effect on December 31, 2015, would increase the minimum wage for “fast food employees” in covered “fast food establishments” on a phase-in schedule culminating in a minimum wage rate of $15/hour by December 31, 2018 in New York City and by July 1, 2021 in the balance of the state.
New York City Commission on Human Rights Issues Guidance on Citywide “Ban-the-Box” Law
On November 5, 2015, the New York City Commission on Human Rights (NYCCHR) released its 13-page Interpretative Enforcement Guidance regarding the City’s Fair Chance Act (FCA). The FCA, which became effective on October 27, 2015, imposes obligations on covered employers well beyond all other “ban-the-box” laws.1
New York City Issues Enforcement Guidance Related to City’s Fair Chance Act
The New York City Commission on Human Rights, the agency responsible for enforcing New York City’s Fair Chance Act, has issued its “Interpretative Enforcement Guide” for the Act.
New York City Transit Benefit Requirement Fast Approaching
As most New York City employers know by now, beginning January 1, 2016, the New York Mass Transit Benefits Law (the “ordinance”) requires employers with twenty or more full-time employees working in New York City to offer their full-time employees the opportunity to elect pre-tax salary reduction to purchase “qualified transportation fringe benefits” – other than qualified parking – as permitted under the Internal Revenue Code (“Code”). This includes transit passes (e.g., MetroCard), rail commuting tickets, bus tickets, and vouchers (i.e., TransitChek) that can be exchanged for tickets and fare cards. An employer can provide reimbursement of substantiated bicycle commuting expenses as well. Other than that, cash reimbursements by the employer are subject to complicated requirements, and will not be permitted in most situations; for example, reimbursing the cost of a MetroCard purchased by the employee would not be permitted. For purposes of the twenty-employee requirement as well as eligibility for the benefit, a “full-time employee” is one who has worked for the employer for an average of at least thirty hours per week over the preceding four-week period, any portion of which was within New York City.