The New York State Department of Labor is still sitting on proposed new wage orders that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually) to up to $825 per week ($42,900) for employers with eleven or more employees in New York City. … Continue Reading
As we noted in an earlier post, the election of Donald J. Trump likely means that states and municipalities—and not the federal government—will lead the charge on worker-protection issues for the next four years. In this vein, the New York City Council introduced a series of bills on December 6 aimed at tightening restrictions and … Continue Reading
On October 19, 2016, the New York State Department of Labor published a proposed rule amending the Minimum Wage Orders codified at 12 NYCRR Parts 141, 142, 143, and 146, to implement the minimum wage increases passed by the Legislature earlier this year. The changes will be effective beginning on December 31, 2016, and will affect … Continue Reading
The Second Circuit is once again seeking guidance from the New York Court of Appeals, this time on the question of the appropriate standard for awarding punitive damages for unlawful discriminatory acts under the New York City Human Rights Law (“NYCHRL”). The NYCHRL provides that punitive damages may be available where employers are found directly … Continue Reading
On November 16, 2016, NYC Mayor De Blasio signed into law the Freelance Isn’t Free Act, a local law (No. 1017-2015) establishing protections for freelance workers. The law, amending Title 10 of the N.Y.C. Administrative Code, establishes and enhances protections for freelance workers, including the right to receive a written contract, the right to be … Continue Reading
New York City Public Advocate Letitia James has introduced legislation before the City Council that would amend the New York City Human Rights Law to make it an unlawful employment practice for employers to request job applicants’ wage history during the hiring process. The bill would prohibit any employer or employment agency from asking about … Continue Reading
An amendment to the New York City Human Rights Law (NYCHRL) introduced before the City Council this week would add current or prior service in the uniformed services as a protected class under the law. If approved by the Council, the bill would give veterans and active military personnel protection against discrimination in employment, as … Continue Reading
On Monday, March 28, 2016, Mayor Bill de Blasio signed several bills (Intros 814-A, 818-A, and 819) amending the New York City Human Rights Law (“NYCHRL”). The amendments strengthen employee protections by changing existing laws to provide for 1) a more liberal construction of the NYCHRL for plaintiffs; 2) attorneys’ fees, expert fees, and other … Continue Reading
As mentioned in our recent post, the New York City Commission on Human Rights is proposing to amend its rules to establish various definitions and clarify certain requirements under the Fair Chance Act. Key aspects of the proposed rules include the following: Applicability of the Fair Chance Act Post-Hire: “Applicants” are defined to include both … Continue Reading
The New York City Commission on Human Rights (the “Commission”) published today a Notice of Public Hearing and Opportunity to Comment on its proposal to amend its rules to establish certain definitions and procedures in connection with the Fair Chance Act. (See our prior blog posts on the Fair Chance Act here, here and here.) … Continue Reading
On January 5, 2016, Mayor Bill de Blasio signed into law a New York City Council bill that prohibits employment discrimination based on an individual’s actual or perceived status as a caregiver. The new law will come into effect on May 4, 2016. To fully review the coming changes, see our blog post here. Employers … Continue Reading
On December 21, 2015, the New York City Commission on Human Rights issued new enforcement guidelines regarding discrimination on the basis of gender identity or expression. While the City Council added transgender protections to the New York City Human Rights Law (“NYCHRL”) in 2002, the Commission recently issued these detailed guidelines on what constitutes discrimination … Continue Reading
On Wednesday, December 16, 2015, the New York City Council voted 49-0 in favor of Int. No. 108-A, legislation that amends the New York City Human Rights Law (“NYCHRL”) to prohibit employment discrimination based on an individual’s actual or perceived status as a caregiver. It is now awaiting the Mayor’s signature. Under the NYCHRL, it … Continue Reading
On Thursday, November 19, 2015, Cornell University’s ILR School Labor and Employment Law Program hosted “NYC Ban the Box and Stop Credit Discrimination: A Conversation on Enforcement with the City Commission on Human Rights.” Speaking at the program were Carmelyn P. Malalis, Chair of the New York City Commission on Human Rights (the “Commission”); Paul … Continue Reading
New York City’s new Fair Chance Act goes into effect this Tuesday (October 27, 2015). As discussed in our prior posts (here and here), New York employers have long been required – prior to taking adverse action on the basis of an applicant’s criminal record – to engage in a multi-factor analysis under Article 23-A … Continue Reading
The New York City Commission on Human Rights (the “Commission”) has just issued guidance in respect of the Stop Credit Discrimination in Employment Act (the “SCDEA”), which goes into effect today and modified the New York City Human Rights Law to place limitations on employers’ ability to conduct credit checks on employees and applicants for employment. See our previous … Continue Reading
Today, Mayor Bill DeBlasio signed a bill (Int. No. 318) that amends the New York City Human Rights Law (“NYCHRL”) to further restrict employers (with four or more employees) from inquiring into or otherwise considering an applicant’s or employee’s criminal history in employment decisions. The new NYC law will take effect on October 27, 2015. … Continue Reading
On Wednesday, by a 45-5 vote, the New York City Council passed a bill (Int. No. 318) to amend the New York City Human Rights Law (“NYCHRL”) to further restrict employers from inquiring into or otherwise considering an applicant’s or employee’s criminal history in employment decisions. Mayor DeBlasio is expected to sign the bill into … Continue Reading
Yesterday, NYC Mayor Bill DeBlasio signed a bill (Int. 0261-2014) that amends the City’s Human Rights Law to prohibit most employers from inquiring into or considering a prospective or current employee’s credit history when making employment decisions. The law will take effect on September 3, 2015. As we detailed in our prior post, NYC’s new … Continue Reading
On April 20, New York City Mayor Bill DiBlasio signed a pair of bills designed to enhance the City Human Rights Commission’s investigative and enforcement efforts in the areas of employment and housing discrimination. The first of the two new laws requires the Commission to issue annual reports on the number and types of investigations … Continue Reading
Yesterday, by a 47-3 vote, the New York City Council passed a bill (Int. 0261-2014) to amend the NYC Human Rights Law to prohibit most employers from inquiring into or considering a prospective or current employee’s credit history when making employment decisions. Mayor DeBlasio is expected to sign the bill into law. The bill expansively … Continue Reading
The New York City Council has introduced a bill (T2015-2812) that seeks to establish an Office of Labor Standards (“Office”). The bill, which would amend the New York City Charter and the Administrative Code of the City of New York, provides for the creation of an Office either within the Executive Office of the Mayor … Continue Reading
A couple of months ago, we blogged about the New York City Council’s general support for a proposal that would effectively ban credit checks in hiring and other personnel decisions. As the council continues to debate credit checks, it also is considering a mayor-backed proposal (Int. No. 318) that would remove another potential barrier to … Continue Reading
Connecticut has added mortgage brokers, lenders, and servicing companies to the list of “financial institutions” exempted under the state’s existing law limiting credit checks for purposes of employment. The amendment, which took effect on October 1, allows these institutions to inquire into and otherwise consider an applicant’s or employee’s credit history in hiring and personnel … Continue Reading