New York City is joining other jurisdictions, such as New Jersey, Oregon and the District of Columbia, with a law prohibiting discrimination against the unemployed. The New York City Council, on March 13, 2013, by a vote of 44 to 4 overrode Mayor Michael Bloomberg’s veto of legislation amending the New York City Administrative Code to prohibit New York City employers from basing employment decisions on a job applicant’s unemployed status. The law is set to take effect on June 11, 2013, 90 days after its enactment.
Articles About New York Labor And Employment Law.
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.
The New York City Council recently passed a proposed law (Bill 814-A) that would prohibit employers in the city from discriminating against unemployed individuals. Although Mayor Bloomberg has promised to veto the bill, the City Council appears to have enough support to override a veto. If it passes, New York City will become the first jurisdiction in the nation to provide a private right of action against employers that discriminate against individuals based on their current or past unemployed status. The proposed law prohibits employers and employment agencies in New York City from basing any hiring or other employment-related decision on an applicant’s employment status or stating in job advertisements that the unemployed need not apply.
In a rare twist, New York Governor Andrew Cuomo’s recent proposed changes to workers’ compensation in New York have earned praise from both the business side and the labor side.
In the latest chapter of an ongoing dispute between Aon Risk Services and Alliant Insurance Services (stemming from Alliant’s hiring of dozens of Aon employees and accepting millions in annual revenue from former Aon clients), on January 10, 2013, the New York State Supreme Court, Appellate Division, First Department issued a decision upholding key rulings of the trial court that enforced Aon’s restrictive covenant agreements. Aon Risk Services, Northeast, Inc., et al v. Cusack, et al, Index no. 551673/11 (1st Dep. January 10, 2013.)
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.
Employers that utilize a third party to obtain background information on applicants and employees, such as a criminal background check or a credit check, must provide applicants/employees with a new version of the Form Summary of Rights Notice prior to taking any adverse action based on the contents of that report. This notice requirement under the Fair Credit Reporting Act (FCRA) is not new: the contents of the form “Summary of Rights” has changed to reflect the fact that the Consumer Financial Protection Bureau (CFPB) has assumed rulemaking authority for the FCRA from the Federal Trade Commission (FTC). A copy of the new form is set forth in Appendix K of 12 C.F.R. Part 1022 (available here).
The Wage Theft Prevention Act (“WTPA”), passed in 2011, requires employers to provide employees with an annual notice regarding their compensation and other terms of employment. The notice must be provided to all employees between January 1 and February 1 of each year, regardless if they previously received a notice. Earlier this year, the New York State Senate approved the repeal of the annual WTPA notification requirement, but the bill was not adopted by the Assembly. So for now, the annual notice requirement remains.
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.
In New York Workers’ Compensation Case No. 00427749, the claimant, a driver, sustained injuries to her back, neck, right shoulder, face, and right thumb when she was rear-ended by a van in 2004. In addition to underscoring the requirements a claimant must meet to be classified with a permanent total disability, the proceedings that ensued in this case provide carriers and employers with an important defense against claimants’ physicians who do not properly investigate the true capabilities and daily lives of claimants.
Governor Cuomo signed into law amendments to Article 193 of the New York Wage Deduction Law which will permit employers to take additional lawful deductions from employees’ paychecks. The law will take effect on November 8, 2012.
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.
Expanding the scope of permissible deductions from wages under New York law, Governor Mario Cuomo, on September 7, 2012, has signed legislation amending New York Labor Law §193. This change was in reaction to a strict position taken by the New York State Department of Labor in recent years severely limiting the types of permissible deductions — essentially prohibiting any deductions not specifically set forth in pre-amendment Section 193. The amendment goes into effect on November 6, 2012, 60 days after it becomes law, and, unless extended, will expire and be deemed repealed three years after the effective date.