Category Archives: New York Employment Legislation

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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

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

Lisa LewisLindsay Colvin StoneBy Lisa Lewis and Lindsay Colvin Stone on 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 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

Christopher CollinsBy Christopher Collins on 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

NYC Council Votes to Ban Employers from Conducting Credit Checks

Lisa LewisBy Lisa Lewis on 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

Appellate Division Panel Issues Ruling Broadly Interpreting New York State Human Rights Law

Kevin SmithLisa HarrisRyan DuffyBy Kevin Smith, Lisa Harris and Ryan Duffy on Posted in Discrimination, New York Employment Legislation, Religion
On January 14, 2015, in a case of first impression, the New York Supreme Court, Appellate Division, Second Department held that an employee can sufficiently demonstrate his membership in a protected class by virtue of his association with another person – in this case, his wife.  In Jeffrey Chiara v. Town of New Castle, 2015 … Continue Reading
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