Category Archives: New York Employment Legislation

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New York City Council Passes Legislation Banning Marijuana Testing of Job Applicants

Sean KirbyBy Sean Kirby and Jamie Moelis* on Posted in Discipline, Discrimination, Hiring, New York Employment Legislation
On April 9, 2019, New York’s City Council passed legislation, available here, which will prohibit employers from requiring prospective employees to submit to testing for tetrahydrocannabinols (THC), the active ingredient in marijuana, as a condition of employment. If, as expected, Mayor Bill de Blasio signs the law into effect, the New York City Human Rights … Continue Reading

Aiming for Clarity, DOL Proposes to Update the FLSA’s “Joint Employer” Regulations

Garen DodgeKeith GoodwinBy Garen Dodge and Keith Goodwin on Posted in Department of Labor, Fair Labor Standards Act (FLSA), New York Employment Legislation
Hoping to clarify when entities should be treated as “joint employers” under the FLSA, the Department of Labor (“DOL”) recently announced its intent to revise its so-called “joint employer” regulations under the Fair Labor Standards Act (“FLSA”). Under the FLSA, covered employers must pay nonexempt employees at least the federal minimum wage for all hours … Continue Reading

New Dos and Don’ts: New York City Bans Discrimination Based On Hairstyle

Lindsay Colvin StoneBy Lindsay Colvin Stone and Jamie Moelis* on Posted in Discrimination, New York Employment Legislation
On February 18, 2019, the New York City Commission on Human Rights (the “NYCCHR”) released new legal enforcement guidance (the “Guidance”) regarding discrimination on the basis of natural hair and hairstyles. In the Guidance, the NYCCHR advised employers that “[t]he New York City Human Rights Law (“NYCHRL”) protects the rights of New Yorkers to maintain … Continue Reading

#MeToo Changes the Face of Sexual Harassment Litigation for Employers

Paul CowieCorrine HaysBy Paul Cowie and Corrine Hays on Posted in Arbitration Agreements, California Employment Legislation, California Legislative Update, Employment Lawyers, New York Employment Legislation, Sexual Harassment
With the rise of the #MeToo movement, companies have been forced to re-examine how they litigate and settle allegations of sexual harassment in the workplace.  Specifically, companies are facing increasing criticism if they compel claims of sexual harassment to private arbitration or force employees who allege sexual harassment to sign settlement agreements with confidentiality clauses, … Continue Reading

New York Lodging Industry: Post Your Human Trafficking Informational Cards

Shawn D. FabianBy Shawn D. Fabian on Posted in New York Employment Legislation
In an effort to continue to raise awareness of human trafficking and provide available services to victims, beginning October 14, 2018, lodging facilities in New York State were required to provide informational cards in certain public spaces of the facilities. Specifically, a recently enacted New York statute adds a section to the general business law, … Continue Reading

New York State Publishes Updated Sexual Harassment Materials and Information

Danielle ThompsonBy Danielle Thompson on Posted in New York Employment Legislation, Sexual Harassment
On October 1, 2018, New York State released final model sexual harassment materials and compliance guidance in response to comments received during its open comment period, discussed in more detail in a previous blog article. The new materials provide important guidance for future compliance and include new employer requirements, as detailed below.… Continue Reading

New York State Publishes Draft Model Sexual Harassment Materials

Danielle ThompsonBy Danielle Thompson on Posted in New York Employment Legislation, Sexual Harassment
On Thursday, August 23, 2018, New York State released draft model sexual harassment materials in preparation for October 9, 2018 employer compliance with its new sexual harassment laws, discussed in detail in a previous blog article. New Materials: New York State published the following draft materials on August 23, 2018: A new informational webpage A … Continue Reading

Upcoming Deadlines For New York City Employers: New York City Commission on Human Rights Publishes Poster and Fact Sheet on Sexual Harassment

Sean KirbyBy Sean Kirby on Posted in New York Employment Legislation, Sexual Harassment
As previously reported in a prior article, in May 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”). The Act provides, among other things, starting September 6, 2018, all New York City employers must display the New York City Commission on Human Right’s (“NYCCHR”) … Continue Reading

New NYC Law Requires Employers to Engage in “Cooperative Dialogue” for Workplace Accommodations

Danielle ThompsonChristopher CollinsBy Danielle Thompson and Christopher Collins on Posted in Americans With Disabilities Act ("ADA"), New York Employment Legislation
As of October 15, 2018, NYC employers with four or more employees will be required to engage in a “cooperative dialogue” with a person who may be entitled to a workplace accommodation. The “cooperative dialogue” resembles the “interactive process” that most employers are familiar with under the Americans with Disabilities Act, but the NYC law … Continue Reading

The Right to Unplug: New York City Council Proposes Bill Which Would Allow Employees to Disconnect From Work After Normal Work Hours

Sean KirbyBy Sean Kirby on Posted in Employer Scheduling Practices, New York Employment Legislation
New York City Councilman Rafael Espinal has proposed a bill which would prohibit private-sector employers from requiring their employees to access work-related electronic communications outside of their usual work hours. This bill is modeled after a similar law in France. If passed, the bill would make New York City the first American city to enact … Continue Reading

New York’s Highest Court Narrowly Construes New York City Human Rights Law To Bar Disability Discrimination Claims Based on Perceived Alcoholism

Kevin SmithLindsay Colvin StoneBy Kevin Smith and Lindsay Colvin Stone on Posted in Americans With Disabilities Act ("ADA"), Disability, Discrimination, New York Employment Legislation
Last month, New York’s highest court took the unprecedented step of construing the New York City Human Rights Law (“NYCHRL”) more narrowly than its state and federal counterparts to bar plaintiffs’ city law disability discrimination claims. Answering a certified question from the United States Court of Appeals for the Second Circuit, the New York Court … Continue Reading

UPDATE: NYC Adopts New Rules Implementing Freelance Law

Lisa LewisDanielle ThompsonBy Lisa Lewis and Danielle Thompson on Posted in Independent Contractors, New York Employment Legislation, Payroll, Retaliation
Earlier this year, we reported that New York City adopted The Establishing Protections for Freelance Workers Act, also known as the Freelance Isn’t Free Act, (the “Freelance Law”). As explained in our prior blog, under the Freelance Law, a company must: (1) provide a written contract when it contracts with a freelance worker for services … Continue Reading

Unfair Scheduling: How New York City’s New Predictive Scheduling Law Continues The Trend And Makes Operations More Difficult For Employers

Garen DodgeBrett YoungBy Garen Dodge and Brett Young on Posted in Employer Scheduling Practices, New York Employment Legislation, Wage and Hour
In November 2014, San Francisco passed the first predictive scheduling legislation in the country. Since that time, other states and municipalities have followed San Francisco’s lead, and have either proposed or enacted some variation of a predictive scheduling law. On March 3, 2017, New York became the most recent major city to introduce predictive scheduling … Continue Reading

New Freelancer Law Imposes Additional Requirements For NYC Companies Contracting With Freelancers

Lisa LewisDanielle ThompsonBy Lisa Lewis and Danielle Thompson on Posted in Independent Contractors, New York Employment Legislation, Payroll, Retaliation
The Establishing Protections for Freelance Workers Act, also known as the Freelance Isn’t Free Act, (the “Freelance Law”), which was touted by New York City Mayor Bill de Blasio as the first law in the nation aimed at protecting wage payment rights of freelance workers, became effective last Monday, May 15, 2017. The Freelance Law … Continue Reading

NYC Council Approves Salary History Inquiry Ban

Kevin SmithBy Kevin Smith on Posted in Equal Pay, New York Employment Legislation
On Wednesday, April 5, 2017, the New York City Council approved an amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting New York City employers from inquiring about a prospective employee’s salary history during the hiring process.  If signed by Mayor Bill DiBlasio – which is expected – the law will become effective … Continue Reading

*UPDATE* New York State Department of Labor’s Direct Deposit and Debit Card Notice Regulations Held Invalid and Revoked

By Sheppard Mullin on Posted in Hiring, Minimum Wage, New York Employment Legislation, Payroll, Wage and Hour
As we previously reported here, the New York State Department of Labor (“NYSDOL”) issued final regulations in September 2016 imposing new notice and consent requirements on employers who pay wages via direct deposit and debit card.  The regulations, which were scheduled to take effect on March 7, 2017, have been invalidated and revoked by the … Continue Reading

New Year, New Rules for Employers Doing Business in New York

Kevin SmithRyan DuffyBy Kevin Smith and Ryan Duffy on Posted in Minimum Wage, New York Employment Legislation
Last year the New York legislature and New York Department of Labor amended several employment laws implementing changes that took effect at the end of 2016 or are set to take effect early this year.  This post summarizes the new and updated legal requirements included in those amendments to help New York employers comply in … Continue Reading

Update: New York State Department of Labor Proposes Increases to Overtime Exempt Salary Threshold

Lisa LewisDanielle ThompsonBy Lisa Lewis and Danielle Thompson on Posted in Exempt, New York Employment Legislation, Wage and Hour
[UPDATE] On December 29, 2016, the New York State Department of Labor (“NYSDOL”) adopted its proposed rule increasing overtime exempt salary thresholds for New York employees. The new rule is set to take effect in just two days on December 31, 2016. The NYSDOL made no changes to the version of the proposed rule published … Continue Reading

New York State Department of Labor Proposes Increases to Overtime Exempt Salary Threshold

Lisa LewisDanielle ThompsonBy Lisa Lewis and Danielle Thompson on Posted in Exempt, New York Employment Legislation, Wage and Hour
[UPDATE] On December 29, 2016, the New York State Department of Labor (“NYSDOL”) adopted its proposed rule increasing overtime exempt salary thresholds for New York employees. The new rule is set to take effect in just two days on December 31, 2016. The NYSDOL made no changes to the version of the proposed rule published … Continue Reading

New York State Department of Labor Issues Final Wage Regulations Imposing New Notice and Consent Requirements on Direct Deposit and Debit Card Wage Payments

By Sheppard Mullin on Posted in Minimum Wage, New York Employment Legislation, Payroll, Wage and Hour
Effective March 7, 2017, employers who pay wages via direct deposit and/or payroll debit card will need to comply with more stringent requirements.  The New York State Department of Labor (the “NYSDOL”) recently issued final regulations governing the methods that New York employers may use to pay most “non-exempt” employees.  The regulations impose a number … Continue Reading

New York City Human Rights Law Expanded To Protect Caregivers

Kevin SmithLindsay Colvin StoneBy Kevin Smith and Lindsay Colvin Stone on Posted in Discrimination, New York Employment Legislation
The New York City Human Rights Law (“NYCHRL”) forbids employment discrimination on the basis of a number of protected characteristics, such as age, race, creed, color, national origin, gender (including gender identity and sexual harassment), disability, marital status, partnership status, sexual orientation, alienage, and citizenship status. The NYCHRL applies to employers with four or more … Continue Reading
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