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Lisa Lewis

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Lisa Lewis is a special counsel in the Labor and Employment Practice Group in the firm's New York office.

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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 history of applicants or employees by amending the City’s Human Rights Law to include the following provision:
Continue Reading NYC Council Votes to Ban Employers from Conducting Credit Checks

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 (“NYSHRL”).
Continue Reading Reminder: New York Interns Are Now Protected Under Both the State and City Human Rights Laws

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 characteristics protected by the NYSHRL or to “engage in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature to an intern.”
Continue Reading Proposed New York Law Would Extend State Anti-Discrimination Protections to Unpaid Interns

The New York Court of Appeals recently overturned the dismissal of an employee’s discrimination claim under the New York City Human Rights Law (“NYCHRL”), while at the same time upholding the dismissal of the employee’s disability claims under the New York State Human Rights Law (“NYSHRL”).  In doing so, the Court of Appeals emphasized the more stringent pleading requirements under the city law, as compared to the state law.
Continue Reading New York Court of Appeals Places Burden on Employer to Plead that Employee Seeking Indefinite Leave Cannot Satisfy the Essential Requisites of the Job

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 recover accidental wage overpayments, or to make deductions in connection with repayment of a salary/wage advance. Although the statute became effective on November 6, 2012, under the law, such deductions could only be made subject to regulations to be promulgated by the New York Department of Labor. This guidance came on May 22, 2013, when the Department of Labor published its proposed regulations for wage deductions under Section 193. In addition to addressing the procedures for deductions for overpayments and advances, the proposed regulations also provide clarification on deductions that may be taken “for the benefit of the employee.” The proposed regulations (available here) are currently open for public comment until July 6, 2013, meaning the Department of Labor will likely finalize and then codify its regulations later this summer.
Continue Reading Update: New York Department of Labor Releases Proposed Wage Deduction Regulations

On Friday, March 29th, New York State passed the 2013-14 budget. The budget includes, among other things, a significant increase to the state’s minimum wage over the next two years. Pursuant to the budget, on December 31, 2013, the minimum wage will increase from $7.25 to $8.00/hour. On December 31, 2014, the minimum wage will increase from $8.00 to $8.75/hour. On December 31, 2015, the minimum wage will increase from $8.75 to $9.00/hour.
Continue Reading N.Y. Minimum Wage Changes Ahead

In February 2013, identical bills aimed at reducing pre-employment discrimination against individuals with criminal histories were introduced in the New Jersey Senate and the New Jersey Assembly (S2586 and A3837). Both bills proposed the adoption of the Opportunity to Compete Act (the “Act”) which would impose multiple restrictions and requirements on employers in connection with seeking criminal background information from prospective employees. If the Act is adopted, New Jersey will join a growing list of states, cities, and localities which have passed similar anti-discrimination legislation.
Continue Reading N.J. Legislature Introduces Legislation Imposing Restrictions on Pre-Employment Inquiries into Criminal History of Applicants

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