Legislation requiring most New York City employers to provide reasonable accommodation for an employee’s pregnancy, childbirth or related medical conditions will take effect on January 30, 2014. New York City joins a growing number of jurisdictions, including California and Maryland, mandating some form of accommodation to pregnant employees. These state and local requirements must be satisfied in addition to any accommodations required under federal laws such as the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA).
Articles About New York Labor And Employment Law.
In the coming months, the Workers’ Compensation Board is phasing in its new eClaims system, which will greatly impact the manner in which carriers file denials on new claims. To help streamline the process and maintain all applicable defenses to new claims, the following is our recommended procedure for controverting claims.
On October 2, 2013, Mayor Michael Bloomberg signed into law an amendment to the New York City Human Rights Law (NYCHRL) that requires employers with four or more employees to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions, unless the employer can prove that the accommodation would cause an undue hardship. The law takes effect 120 days from enactment, on January 30, 2014.1
The New York State Department of Health has adopted regulations to prevent influenza transmission by employees of healthcare and residential facilities and health care agencies. Covered health care facilities and agencies are required to develop and implement policies and procedures to ensure compliance with the new regulation.
On August 14, the New York Supreme Court Appellate Division, Second Department issued a decision in Minovici v. Belkin recognizing that the employment relationship under common law is presumed to be a hiring at will terminable at any time by either party. Even though the plaintiff and the employer had entered into a written contract under which the plaintiff was to move to the Netherlands to serve as information systems director, the employment contract did not establish a fixed duration of time of the employment.
In 1974, the State of New York amended its law on collective bargaining for public employees (the Taylor Law) by imposing compulsory interest arbitration to resolve bargaining impasses in police officer and firefighter bargaining units. This amendment to the Taylor Law was intended to be temporary, and was originally set to expire on July 1, 1977; however, it was extended by state-elected officials time and time again. The interest arbitration provision was set to expire on July 1, 2013, and unlike prior years, Governor Andrew Cuomo announced that he would not renew binding arbitration unless the process was amended. –
On June 26, 2013, the New York Court of Appeals issued a decision concerning who may lawfully participate in a restaurant tip-sharing system. The state’s highest court stated that for employees to receive tips from a tip-sharing arrangement, they must perform, or assist in performing, personal service to patrons as a regular part of their duties. Employees with limited supervisory authority are still eligible to receive tips if they regularly provide service to patrons, but become ineligible once their supervisory duties rise to the level of “meaningful authority.” The court also determined that an employer may exclude eligible employees from the tip-sharing arrangement, although the discretion to do so is not unlimited.1
In an extremely rare decision, the New York State Court of Appeals has granted reargument. In Auqui v. Seven Thirty One Ltd. Partnership, the court granted reargument of its prior ruling that granted the defendants’ motion to preclude plaintiffs from litigating the issue of the injured plaintiff’s accident-related disability based upon a prior ruling by the Workers’ Compensation Board (WCB).
The New York City Council has voted to require employers to provide their workers with sick days, overriding Mayor Michael Bloomberg’s veto. The legislation requires New York City private-sector employers, outside of the manufacturing industry, to provide paid (or unpaid, for certain employers) sick time to employees.
Last year, Governor Cuomo signed into law new legislation, effective November 2012, which amended New York Labor Law section 193 to permit employers to make deductions for wage overpayments due to mathematical or clerical errors and for repayments of salary or wage advances.1 However, under the new law, such deductions can be made only as provided in regulations that have yet to be promulgated by the New York Department of Labor (NYDOL). The lack of regulations has stifled employers’ ability to take advantage of the new law.
On Tuesday, May 28, 2013, the Common Council of the City of Buffalo followed the lead of New York City, Newark, and Philadelphia, when it passed its own “ban the box” ordinance by a vote of 7-2. The ordinance, which amends Chapter 154 of the Code of the City of Buffalo, and which passed by enough votes to override any potential veto by Mayor Byron W. Brown, prevents the City of Buffalo, its vendors, and any Buffalo employer with at least 15 employees from asking questions regarding or pertaining to an applicant’s prior criminal convictions on any employment application.
The New York State Department of Labor (NYSDOL) has issued proposed regulations to guide compliance with a recent state statute expanding the scope of permissible wage deductions in New York as of November 6, 2012. The public is invited to comment on the proposed regulations until July 6, 2013. Along with the statutory amendments, the regulations, if adopted in their current form, would allow for greater flexibility with respect to permissible deductions.
If at first you don’t succeed, try and try again. That is what the New York City Council (the Council) has done since 2009. And after four years, the result is a controversial sick leave law, the Earned Sick Time Act (the Act), which grants many employees in New York City up to 40 hours of paid sick leave per year. For employees not eligible for paid leave, the Act provides for up to 40 hours of unpaid sick leave per year. Although Mayor Bloomberg has promised to veto the Act, which was passed on May 8, 2013, the Act has enough Council support to override any veto.1
Executive Summary: The New York City Council has passed a law that will require businesses to provide either paid or unpaid sick leave (depending on the size of the employer) beginning April 1, 2014. The City Council passed the New York City Earned Sick Time Act by a vote of 45-3, which means it has sufficient support to override an expected veto by Mayor Bloomberg.
New York City is poised to require employers to provide their workers with sick days. The City Council, by a vote of 45-3, has passed legislation requiring New York City private-sector employers, outside of the manufacturing industry, to provide paid (or unpaid, for certain employers) sick time to employees. The measure approved by the Council on May 8, 2013, reflects a compromise between advocates of such legislation, opponents in the business community and City Council Speaker Christine Quinn, whose delay in bringing the bill for a vote was used (and continues to be used) against her by other mayoral candidates.