Law and the Workplace

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New York Minimum Salary for Exemption, Minimum Wage to Increase on December 31

It’s that time of year again!  New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2018.  On that date: The minimum salary for exemption as an “administrative” or “executive” employee increases from $975 per week ($50,700 annually) to $1,125 per week ($58,500 annually) for New York City … Continue Reading

New York City “Cooperative Dialogue” Law for Employees Seeking Reasonable Accommodation Takes Effect October 15

Supervisor and colleague discussionNew York City’s new law requiring employers to engage in a “cooperative dialogue” with employees requesting reasonable accommodation and provide a written determination at the end of the cooperative dialogue process takes effect on October 15, 2018. As we have previously reported, while the New York City Human Rights Law (NYCHRL) has long required that … Continue Reading

[Podcast]: New York State Anti-Harassment Law

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss recent amendments to New York State law prohibiting sexual harassment.  The law will require employers to distribute policies prohibiting sexual harassment in the work place and implement annual training on sexual harassment.  These policies, which much be distributed by October 9, 2018, … Continue Reading

New York State Issues Final Guidance on Sexual Harassment Policy and Training Requirements In Advance of October 9 Effective Date

As we have previously reported,  New York State has enacted several significant measures regarding sexual harassment in the workplace. Effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees (see below for more details on specific requirements and deadlines).  After … Continue Reading

New York State Releases Draft Anti-Sexual Harassment Training and Policy Models for Public Comment

As we have previously reported, pursuant to provisions of the state budget signed into law this past April, effective October 9, 2018, all New York State employers will be required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees. To that end, New York State has just launched a new … Continue Reading

NYC Commission on Human Rights Issues Proposed Rules Relating to Discrimination on the Basis of Gender Identity or Expression

gender identityThe New York City Commission on Human Rights (the “Commission”) has issued a Notice of Public Hearing and Opportunity to Comment on proposed rules to establish certain definitions and clarify the scope of protections against discrimination with respect to gender identity or expression under the New York City Human Rights Law (“NYCHRL”).  The proposed definitions … Continue Reading

NYC Commission on Human Rights Issues Mandatory Anti-Sexual Harassment Poster and Employee Information Sheet

The New York City Commission on Human Rights (the “Commission”) has issued a mandatory notice posting and information sheet for distribution to employees pursuant to the recently enacted Stop Sexual Harassment in NYC Act (the “Act”). As we have previously reported, the Act, which was signed into law by Mayor Bill de Blasio on May … Continue Reading

[Podcast]: New York City Temporary Schedule Change Law

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the New York City Temporary Schedule Change Law that recently went to effect. This law effectively requires employers to grant employee requests for temporary schedule changes for certain medical and family care purposes, which can include caring for a minor child or for … Continue Reading

Mandatory Posting Requirement Announced for NYC Temporary Schedule Change Law

Clock and calendarAs we have previously reported, effective July 18, 2018, employers in New York City are now required to grant employee requests for temporary work schedule changes when needed for certain medical and family care purposes.  Employers are required to grant such requests either twice per calendar year for up to one business day per request, … Continue Reading

Mayor de Blasio Signs Stop Sexual Harassment in NYC Act Into Law

On May 9, 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”), which, as we previously reported, is a package of bills aimed at addressing and preventing sexual harassment in the workplace. The signing of the Act triggers the countdown to the effective dates … Continue Reading

[Podcast]: Recent Developments Regarding Sexual Harassment in the Workplace

In this episode of The Proskauer Brief, Harris Mufson and Allan Bloom discuss recent legislative developments in New York regarding sexual harassment. We will discuss recently enacted significant measures, including the prohibition of nondisclosure clauses in settlement agreements, unless the complainant prefers confidentiality, mandatory training requirements and the expansion of the NYS Human Rights Law to nonemployees including contractors, … Continue Reading

New Jersey Governor Signs Sweeping Pay Equity Act Into Law

As anticipated, New Jersey Governor Phil Murphy has signed into law the Diane B. Allen Pay Equity Act (the “Act”).  The Act will take effect on July 1, 2018, giving employers approximately two months to review their policies to ensure compliance. As we previously reported, the Act will, among other things, make it an unlawful … Continue Reading

Westchester County, New York Enacts Salary History Inquiry Law

The Westchester County, NY Board of Legislators has unanimously enacted legislation that will prohibit employers and their agents from relying on, requiring, requesting, or seeking information about a prospective employee’s wage history during the hiring process. The Wage History Anti-Discrimination Law (the “Law”) will become effective on July 9, 2018. The Law amends the Westchester … Continue Reading

New York City Council Passes the Stop Sexual Harassment in NYC Act

The New York City Council has passed the Stop Sexual Harassment in NYC Act (the “Act”), a package of bills aimed at addressing and preventing sexual harassment in the workplace. The legislation is now awaiting the signature of Mayor Bill de Blasio. As we previously discussed in an earlier post, the Act would amend the New York City … Continue Reading

Governor Cuomo Signs New York State Budget Anti-Harassment Provisions Into Law

On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State budget, which, as we previously reported, includes several significant measures directed at both private and government employers regarding sexual harassment in the workplace. The signing of the budget bills triggers the countdown to the effective dates of the various … Continue Reading

New York State Budget Includes Workplace Anti-Sexual Harassment Measures

The New York State Legislature and Governor Andrew Cuomo have reached agreement on a $168 billion budget deal for the 2019 fiscal year, which began on April 1, 2018. The budget includes several significant measures directed at both private and government employers regarding sexual harassment in the workplace. Many of the measures mirror legislation that … Continue Reading

NYC Council to Consider Series of Bills Aimed at Addressing Workplace Sexual Harassment

The New York City Council will consider a series of bills aimed at preventing and addressing workplace sexual harassment, both in the private sector and in city agencies.  The eleven bills, collectively titled the Stop Sexual Harassment in NYC Act, were jointly introduced by the Council Committee on Women and the Committee on Civil and … Continue Reading

Amendment to New York City Human Rights Law Mandates Employers to Engage in “Cooperative Dialogue” with Employees Seeking an Accommodation

The New York City Council voted last month to amend the New York City Human Rights Law (“NYCHRL”) to mandate that covered entities engage in “cooperative dialogue” with those persons who may be entitled to a reasonable accommodation. On January 19, 2018, because the Mayor failed to take action within thirty days of its passage, the … Continue Reading

UPDATE: NYC Council Passes Bill Requiring Accommodation of Temporary Schedule Changes for Certain Medical and Family Care Purposes

Clock and calendarThe New York City Council has passed a bill that will require employers to grant requests for temporary work schedule changes when needed for certain medical and family care purposes.  UPDATE: The bill became law on January 19, 2018 after Mayor Bill de Blasio neither signed nor vetoed it.  It takes effect on July 18, … Continue Reading

[Podcast]: Recent Amendments to the New York Earned Sick Time Act

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss recent amendments to the New York Earned Sick Time Act, which provides paid sick days for eligible employees working in New York City. We will discuss how the recent changes will now both expand the covered reasons for leave under the law, and … Continue Reading

New York Minimum Salary for Exemption and Minimum Wage To Increase on December 31

It’s that time of year again!  New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2017.  On that date: The minimum salary for exemption as an “administrative” or “executive” employee increases from $825 per week ($42,900 annually) to $975 per week ($50,700 annually) for New York … Continue Reading

SDNY Denies Approval in FLSA Settlement Based In Part on Overly Broad Non-Disparagement Clause

In its November 17, 2017 opinion in Galindo v. East County Louth, Inc. (No. 16 Civ. 9149), the Southern District of New York denied a motion to approve an individual FLSA settlement, including on the ground that the settlement agreement contained what the Court deemed to be an overly broad non-disparagement provision. In the settlement … Continue Reading
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