Category Archives: New York Employment Legislation

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NYC Council Votes to Ban Employers from Conducting Credit Checks

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

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

Reminder: New York Interns Are Now Protected Under Both the State and City Human Rights Laws

Following New York City Mayor Bill De Blasio’s endorsement of an amendment to the New York City Human Rights Law (“NYCHRL”) extending the statute’s anti-discrimination and harassment protections to interns earlier this year (as reported here), New York Governor Andrew Cuomo recently signed into law similar legislation modifying the New York State Human Rights Law … Continue Reading

New York Unemployment Benefits No Longer Available to Former Employees Receiving Severance

Effective January 1, 2014, former employees in New York are, in most cases, ineligible for unemployment insurance benefits while receiving severance pay, pursuant to a recent amendment to New York’s Unemployment Insurance Law.  The amendment was enacted as part of a package of reforms aimed at returning New York State’s Unemployment Insurance Trust Fund to … Continue Reading

Proposed New York Law Would Extend State Anti-Discrimination Protections to Unpaid Interns

A new bill introduced in the New York State Senate would extend many of the protections of the New York State Human Rights Law (NYSHRL) to unpaid interns.  Among other things, the bill would make it illegal for employers to “refuse to hire, employ or to discriminate against an intern” based on any of the … Continue Reading

Update: New York Department of Labor Issues Final Wage Deduction Regulations

As we detailed in a previous posting (available here), in September 2012, Governor Cuomo signed into law new legislation which permits employers to make additional deductions from employees’ paychecks. Among other things, the bill amended Section 193 of the New York Labor Law to authorize employers to make deductions from an employee’s wages to recover … Continue Reading

New York City Now Requires Reasonable Accommodations for Pregnant Workers

Today, Mayor Bloomberg signed into law an amendment to the New York City Human Rights Law requiring employers with four or more employees to provide reasonable accommodations to pregnant workers.  The legislation, which was earlier passed unanimously by the New York City Council, becomes effective in January 30, 2014.… Continue Reading

UPDATE: New York City Council Overrides Mayor Bloomberg’s Veto And Enacts The Earned Sick Time Act Requiring Mandatory Paid Sick Leave

As previously reported, on May 8, 2013, the New York City Council, by a vote of 45-3, passed the Earned Sick Time Act (the “Sick Leave Act”). On June 7, 2013, Mayor Bloomberg vetoed the Sick Leave Act, citing a possible chilling effect on hiring. As expected, on June 27, 2013, the City Council overrode … Continue Reading

Update: New York Department of Labor Releases Proposed Wage Deduction Regulations

As we detailed in a previous blog post (available here), in September 2012, Governor Cuomo signed into law new legislation which permits employers to make additional deductions from employees’ paychecks. Among other things, the bill amended Section 193 of the New York Labor Law to authorize employers to make deductions from an employee’s wages to … Continue Reading

Proposed New York City Bill Would Ban Credit Checks from Hiring Process

On April 11, 2013, the New York City Council’s Committee on Civil Rights debated a proposed bill that would ban employers from using credit checks to evaluate prospective employees. The proposed bill, called the Stop Credit Discrimination in Employment Act (the “SCDEA” and available here), would create a blanket ban on using credit information for … Continue Reading

The Unemployed Are Now Protected Under The New York City Human Rights Law

On March 13, 2013, one year after we first introduced you to the idea that an individual’s unemployed status may be considered a protected characteristic, the New York City Council, voted into law legislation preventing companies from discriminating, in job advertisements or in the hiring process, against a job applicant who is unemployed. While New … Continue Reading

N.Y. Legislature Introduces Protections for Victims of Domestic Violence

The N.Y. State Senate and Assembly recently introduced “competing” bills both targeting increased employment protections for victims of domestic violence. The bills each provide various measures of job security for employees who need to be absent from work on the basis of a domestic violence issue.… Continue Reading

Payment Required: New York Court Finds No Violation Of New York Labor Law Section 193 Where Unpaid Interns Did Not Receive Wages From Employer

In Wang, et al. v. The Hearst Corporation, 12 CV 793 (HB) (January 9, 2013), Judge Harold Baer of the United States District Court for the Southern District of New York granted the Hearst Corporation’s (“Hearst”) motion for partial judgment on the pleadings, finding that requiring unpaid interns to purchase college credit does not constitute … Continue Reading

Southern District of New York Compels Arbitration of FLSA Collective Action Claims on an Individualized Basis

On December 4, 2012, Southern District of New York District Judge Barbara S. Jones, granted a motion to compel arbitration on an individual basis in a class and collective action brought pursuant to, among other things, the Fair Labor Standards Act (“FLSA”) in Cohen v. UBS Financial Services, Inc., Docket No. 12 Civ. 2147 (BSJ)(JLC).… Continue Reading

Unemployed Status — The New Protected Class

All employers are familiar with race, gender, age, disability and many other protected classifications under the myriad of Federal and state fair employment practices acts. It now appears that there is a growing trend to add “unemployed” to that list. While unemployment rates appear to be on the decline, 8.3 percent of the population remains … Continue Reading

New York State Wage Theft Prevention Act Notice Requirement

We write to remind you of your obligation to provide your New York State based employees with a written notice and acknowledgement of pay rate and payday in compliance with the New York State Wage Theft Prevention Act, as detailed below. This written notice must be provided and acknowledged as received, by February 1, 2012.… Continue Reading

Reminder: The First Wage Theft Prevention Act Annual Notices Are Due By February 1, 2012

By James R. Hays and Jonathan Sokolowski As we have previously written on this blog, New York’s Wage Theft Prevention Act (“WTPA”) requires employers to provide annual pay notices to employees between January 1 and February 1. Accordingly, all New York employers must provide the required notices starting January 1, 2012.… Continue Reading
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