New York Employment Legislation

On January 20, 2021 – nearly a year after the law’s effective date – the New York Department of Labor (“NYDOL”) issued new guidance (the “Guidance”) for employers regarding the scope of available sick leave for employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 (“Quarantine Leave”).  The Guidance creates new obligations for employers in New York and clarifies certain limitations on Quarantine Leave.  It is also intended to supplement other guidance previously issued by the NYDOL, which remains in effect.
Continue Reading New York Department of Labor Significantly Expands COVID-19 Quarantine Leave

On January 6, 2021, a bipartisan group of New York State lawmakers introduced Assembly Bill 27, the latest version of proposed privacy legislation that would allow consumers to sue companies for improperly using or retaining their biometric data. Better known as the Biometric Privacy Act (the “BPA”), the bill, if enacted, would impose significant compliance requirements for companies handling biometric data. The BPA would make New York State only the second state with a private right of action that includes statutory damages against entities that improperly use or retain biometric data. If the BPA is signed into law, it would likely bring a flood of class action litigation, similar to that seen in Illinois under Illinois’ Biometric Information Privacy Act (the “Illinois BIPA”).
Continue Reading New York Proposes Biometric Privacy Act With Private Right of Action

In yet another decision concerning gig economy businesses, the New York Supreme Court, Appellate Division, Third Judicial Department upheld a decision of the Unemployment Insurance Appeal Board (the “Board”), which held that Uber exercised sufficient control over its drivers to qualify as their employer.  Accordingly, it found Uber to be liable for unemployment insurance contributions with respect to the drivers at issue.
Continue Reading Battle Over Rideshare Worker Classification Continues: New York Supreme Court Holds Uber Drivers Are Employees, Entitled to Unemployment Insurance

The New York State Paid Sick Leave law (“NYSPSL”) and the amendments to the New York City Paid Safe and Sick Leave law (“ESSTA”) expanding employees’ paid sick leave entitlements
Continue Reading New Year, New Rules: New York Employees May Begin Taking Paid Sick Leave January 1, 2021

On November 11, 2020, Governor Cuomo signed an amendment (the “Amendment”) to the New York State Worker Adjustment and Retraining Notification Act (“NY-WARN Act”).  The Amendment significantly expands the governmental entities that an employer must notify concerning a NY-WARN triggering event, such as a mass layoff, plant closing, reduction in hours, or relocation.
Continue Reading New York State Amends WARN Act to Require Additional Notifications

As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020.  While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions remain regarding employers’ obligations under the law.  On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a set of FAQs addressing some of the ambiguities in the law, but perhaps raising others. Key takeaways are summarized below.
Continue Reading New York State Releases First Guidance on New Paid Sick Leave Law

As we previously reported, among the sweeping pieces of legislation signed in the midst of the COVID-19 pandemic was New York State’s permanent sick leave law (“NYSPSL”). Under NYSPSL, all New York State employers are required to provide sick leave. Eligible employees may begin accruing sick leave as of September 30, 2020, but are not entitled to use any accrued sick leave pursuant to this law until January 1, 2021.
Continue Reading Reminder: Accrual Requirements Under New York State’s New Paid Sick Leave Law Effective September 30, 2020

On September 28, 2020, Mayor Bill de Blasio signed a bill into law significantly amending the New York City Earned Sick and Safe Time Act (“ESSTA”) in order to better align with New York State’s new paid sick leave law (the “NYS Leave Law”).  Like its state law counterpart, the amendments to ESSTA (the “ESSTA Amendments”) takes effect on September 30, 2020.  As discussed in greater detail below, the ESSTA Amendments: (i) revise the amount of leave that New York City employers are required to provide; (ii) impose new employer reporting requirements; (iii) create new employer reimbursement obligations in connection with requested medical documentation and/or documentation regarding domestic violence; (iv) expand the scope of prohibited retaliation under the law; (v) impose new notice requirements; and (vi) expand enforcement mechanisms.
Continue Reading NYC Employers Take Note: Earned Sick and Safe Time Act Amendments Take Effect September 30, 2020

On April 3, 2020, Governor Cuomo passed Assembly Bill A9506B, which will grant most New Yorkers paid sick leave annually, building on temporary requirements the state adopted in response to the coronavirus pandemic. The paid sick leave mandate, which was adopted as part of the FY 2021 Executive Budget, will take effect in January 2021. Key provisions are as follows:
Continue Reading New York State Passes Guaranteed Sick Leave for Working New Yorkers Beyond COVID-19

Update: This story has been updated to reflect the governor’s approval of the bill.

On March 18, 2020, New York Gov. Andrew Cuomo passed a bill guaranteeing job-protection and pay for New Yorkers who have been quarantined as a result of COVID-19. The law is more narrow than the version Gov. Cuomo announced Tuesday, which included a statewide sick program that would have remained in effect beyond the COVID-19 pandemic. The provisions of the legislation are set to take effect immediately.

Continue Reading Empire State of Mind: Governor Cuomo Proposes Bill to Provide Immediate Assistance for New Yorkers Impacted by COVID-19

Effective February 10, 2020, the top ten members of an out-of-state limited liability company (“LLC”) can be held personally liable for violations of New York’s wage and hour laws. The bill, signed on December 12 by Governor Andrew Cuomo, amends New York’s LLC Law which previously only extended individual liability for unpaid wages to owners of domestic LLCs (text available here).
Continue Reading New York Targets Members of Out-of-State LLCs in New Wage Theft Bill