Law and the Workplace

Tag Archives: new york city

Second Circuit Addresses Title VII Sexual Orientation Claims And Leaves Door Ajar For Sex Stereotyping Claims

By Evandro Gigante, Laura Fant and Brett Schwab on Posted in Discrimination, Harassment and Retaliation
Second Circuit sealIn a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped short of reconsidering prior Circuit precedent holding that Title VII does not expressly prohibit discrimination on the basis of sexual orientation. … Continue Reading

New York’s New Wage Orders, Raising Minimum Salaries for Exemption, Could Take Effect December 31

By Allan Bloom and Rachel Philion on Posted in Wage and Hour
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

NYC Council Introduces Suite of Worker Protection Bills, In Likely Sign of Things to Come

By Allan Bloom and Laura Fant on Posted in Wage and Hour, Workplace Policies and Procedures
SchedulingAs 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

Second Circuit Seeks Guidance from NY Court of Appeals on Standard for Awarding Punitive Damages Under the New York City Human Rights Law

By Joseph Baumgarten and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration
Second Circuit sealThe 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

Mayor Signs Into Law NYC Bill Protecting Freelance Workers, Effective May 15, 2017

By Allan Bloom on Posted in Discrimination, Harassment and Retaliation, Independent Contractor, Wage and Hour
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

Proposed Law Would Prohibit New York City Employers From Inquiring Into Applicants’ Wage History

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Job ApplicationNew 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

Proposed Amendment to NYC Human Rights Law Would Prohibit Discrimination Against Uniformed Service Members and Veterans

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
NYC Commission on Human RightsAn 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

Mayor de Blasio Signs New Laws Strengthening NYC’s Human Rights Law

By Katharine Parker and Ebony Ray on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration
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

Overview of Proposed Fair Chance Act Rules

By Katharine Parker and Michelle Gyves on Posted in Hiring/Background Checks, Workplace Policies and Procedures
NYC Commission on Human RightsAs 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

NYC Commission on Human Rights Proposes Fair Chance Act Rules

By Katharine Parker and Michelle Gyves on Posted in Hiring/Background Checks, Workplace Policies and Procedures
NYC Commission on Human RightsThe 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

Update: NYC Mayor Signs Caregiver Discrimination Bill into Law

By Keisha-Ann Gray and Ebony Ray on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

NYC Commission on Human Rights Issues Guidelines on Transgender Discrimination

By Evandro Gigante and Yonatan Grossman-Boder on Posted in Discrimination, Harassment and Retaliation
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

New York City Council Passes Caregiver Discrimination Bill

By Keisha-Ann Gray and Ebony Ray on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

NYC Commission on Human Rights Clarifies Background Screening Laws

By Michelle Gyves on Posted in Hiring/Background Checks
NYC Commission on Human RightsOn 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

NYCCHR Publishes Pre-Adverse Action Form

By Katharine Parker and Michelle Gyves on Posted in Hiring/Background Checks, Workplace Policies and Procedures
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

NYCCHR Issues Guidance on Credit Check Law

By Katharine Parker, Evandro Gigante and Michelle Gyves on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
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

NYC Mayor Signs “Ban the Box” Law

By Katharine Parker and Daniel Saperstein on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
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

NYC “Ban the Box” Bill Heads to Mayor’s Desk

By Katharine Parker and Daniel Saperstein on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
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

NYC Mayor Signs Law Banning Credit Checks

By Katharine Parker and Daniel Saperstein on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
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

New York City Passes Laws Enhancing Enforcement of Human Rights Law

By Evandro Gigante and Jacquelyn Weisman on Posted in Discrimination, Harassment and Retaliation
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

Credit Checks To Be Banned in NYC

By Katharine Parker and Daniel Saperstein on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
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

New York City Council Introduces Bill to Create an Office of Labor Standards

By Katharine Parker and Susan McAleavey on Posted in Workplace Policies and Procedures
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

NYC Council Debates Expansive “Ban the Box” Bill

By Katharine Parker and Daniel Saperstein on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
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
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