Category Archives: New York Employment Legislation

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New York State Publishes Draft Model Sexual Harassment Materials

By Danielle Thompson on August 30, 2018 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

By Sean Kirby on August 17, 2018 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

By Danielle Thompson and Christopher Collins on July 31, 2018 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

By Sean Kirby on March 27, 2018 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

By Kevin Smith and Lindsay Colvin Stone on November 2, 2017 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

By Lisa Lewis and Danielle Thompson on July 20, 2017 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

By Garen Dodge and Brett Young on June 7, 2017 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

Update to NYC Salary History Inquiry Ban

By Kevin Smith on May 22, 2017 Posted in Equal Pay, New York Employment Legislation

In our prior post, we reported that the New York City Council had 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. At the time, it was awaiting Mayor de Blasio’s signature. On May 4, … Continue Reading

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

By Lisa Lewis and Danielle Thompson on May 22, 2017 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

By Kevin Smith on April 12, 2017 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 February 24, 2017 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

By Kevin Smith and Ryan Duffy on January 6, 2017 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

By Lisa Lewis and Danielle Thompson on January 3, 2017 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

By Lisa Lewis and Danielle Thompson on November 21, 2016 Posted in Exempt, New York Employment Legislation, Wage and Hour

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 November 16, 2016 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 State Passes 12-Week Paid Family Leave Law

By Lisa Lewis on April 5, 2016 Posted in New York Employment Legislation, Paid Sick Leave

On April 4, 2016, New York Governor Andrew Cuomo signed legislation adopting a 12-week paid family leave policy for New York employees (the “Paid Leave Law”). (The text of the Paid Leave Law can be found in Part SS of recently passed New York State Budget at the following link: Budget). Once fully implemented, the … Continue Reading

New York State Minimum Wage Set to Increase to $15 Per Hour

By Sean Kirby on April 5, 2016 Posted in New York Employment Legislation, Wage and Hour

On April 4, 2016, New York Governor Andrew Cuomo signed a law which will significantly increase the minimum wage in New York State from the current rate of $9, to $15 by the end of 2018 for many businesses in New York City, and to $15 by the end of 2021 for the New York … Continue Reading

New York City Human Rights Law Expanded To Protect Caregivers

By Kevin Smith and Lindsay Colvin Stone on January 21, 2016 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

New York City Commuter Benefits Law (NYCCBL) Makes Changes For Employers With a Workforce On the Go (Compliance Required by July 1, 2016)

By Lisa Lewis and Lindsay Colvin Stone on January 20, 2016 Posted in Employee Benefits, New York Employment Legislation

This month a new law requiring certain New York City employers to provide pre-tax commuter benefits to their employees went into effect. Under the law, covered New York City employers must give full-time employees the opportunity to use up to $255 per month in pre-tax income to purchase qualified transportation fringe benefits. (N.Y. City Local … Continue Reading

Proposed Federal “Ban the Box” Legislation Receives Bipartisan Support

By Sheppard Mullin on November 2, 2015 Posted in Background Investigations, Employment Applications, Hiring, Discipline, Termination, New York Employment Legislation

On September 10, 2015, the Fair Chance Act (the “Act”) was introduced by a bipartisan group of legislators from both houses of Congress. The Act would prohibit federal contractors and agencies from inquiring into an applicant’s criminal history prior to a conditional offer of employment. The proposed legislation would allow an employer to conduct a … Continue Reading

NYC Council Votes to Sharply Restrict Employer Use of Criminal Background Checks

By Christopher Collins on June 12, 2015 Posted in Background Investigations, Employment Applications, Hiring, Discipline, Termination, New York Employment Legislation

On Wednesday, June 10, 2015, the New York City Council approved a bill that will strictly regulate how employers in New York City (with at least four employees) may conduct criminal background checks. Mayor Bill de Blasio is expected to sign the bill, which will go into effect 120 days after enactment. The bill comes … Continue Reading

New York State Department of Labor Published Proposed Rules Regarding Non-Exempt Employees Paid by Debit Card

By James Hays on June 5, 2015 Posted in New York Employment Legislation, Payroll

On May 27, 2015, the New York State Department Of Labor (“NYSDOL”) published proposed rules addressing the payment of wages by payroll debit cards. Pursuant to the draft regulations, prior to paying an employee by payroll debit card, an employer must:… Continue Reading

NYC Council Votes to Ban Employers from Conducting Credit Checks

By Lisa Lewis on April 28, 2015 Posted in Background Investigations, Employment Applications, Hiring, Discipline, Termination, New York Employment Legislation

On April 16, 2015, the New York City Council (the “Council”) passed a bill (Int. 0261-2014) prohibiting employers from requesting or using the consumer credit history of an employee or job applicant when making employment decisions (the “Bill”). More specifically, the Bill would make it a discriminatory practice to request or use the consumer credit … Continue Reading

Second Circuit Reiterates: Bigger Hurdles For Employers Under Big Apple’s Anti-Discrimination Law

By Adam Pekor on March 10, 2015 Posted in Discrimination, New York Employment Legislation

On February 13, 2015, the U.S. Court of Appeals for the Second Circuit reiterated that courts must analyze claims under the New York City Human Rights Law (“NYCHRL”) “separately and independently from any [related] federal and state law claims.”… Continue Reading

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