Law and the Workplace

Tag Archives: new york

New York State Significantly Expands Workplace Anti-Discrimination Protections

On August 12, 2019, Governor Andrew Cuomo signed into law significant expansions to workplace anti-discrimination protections in New York State. As we previously reported in detail, the new legislation includes numerous measures regarding discrimination and harassment in all forms (not just sexual harassment) in the workplace.  The signing of the bill triggers the countdown to … Continue Reading

California Enacts Law Prohibiting Hairstyle Discrimination … with New York and New Jersey Close Behind

UPDATE: Governor Andrew Cuomo signed the New York bill into law on July 12, 2019 (effective immediately). As we have reported before, California is set to become the first state to prohibit employers from discriminating based upon hairstyle. Last week, Governor Gavin Newsom signed into law the “CROWN Act” (Create a Respectful and Open Workplace … Continue Reading

The Clock Is Ticking: Less Than Three Months Until the NYS Deadline for Mandatory Sexual Harassment Prevention Training

As we find ourselves in the midst of summer, employers in New York should keep an eye on the upcoming October 9th deadline for providing anti-harassment training to all employees. As we previously reported, effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual … Continue Reading

New York State Advances Bill That Would Allow Liens Against Employers For Unpaid Wage Claims

Paying WagesThe New York state legislature has passed a bill that would allow employees making certain claims for unpaid wages to obtain a lien against their employers’ property for the value of the claim, inclusive of liquidated damages. If signed by Governor Cuomo, the bill would take effect 30 days after becoming law. The bill would … Continue Reading

New York State to Expand Protections Against Discriminatory Pay Practices

UPDATE: Governor Andrew Cuomo signed the bill into law on July 10, 2019.  The law will take effect on October 8, 2019. The New York State legislature has passed a bill that, if signed by Governor Andrew Cuomo, will expand pay protections by requiring employers to provide employees with equal pay for “substantially similar” work … Continue Reading

New York State to Enact Ban on Salary History Inquiries

UPDATE: Governor Andrew Cuomo signed the bill into law on July 10, 2019.  The law will take effect on January 6, 2020. In a continuation of its recent legislative push to expand the reach of anti-discrimination laws, New York State is set to be the latest jurisdiction to prohibit employers from asking job applicants and … Continue Reading

Reminder: New York Minimum Salary for Exemption, Minimum Wage Increasing on December 31

As discussed in our earlier post, New York State’s annual increases for overtime exemption and minimum wage go into effect on December 31, 2018. Employers whose exempt “administrative” and “executive” employees are currently paid less than the new salary minimums must either increase those salaries to the new levels or start paying the affected employees … Continue Reading

Westchester County, New York Enacts Paid Sick Leave Law

Leave of absence formWestchester County, NY has become the latest jurisdiction to enact a law providing eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons. The Ordinance will take effect on March 30, 2019. Covered Employees and Accrual of Sick Leave Similar to the New York City Earned … Continue Reading

New York State Releases Sexual Harassment Prevention Training Videos

As we have previously reported, New York State has recently 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. According to the final guidance issued by the State, all … Continue Reading

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

[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

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

[Podcast]: Laws Governing Background Checks for Employers

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair Credit Reporting Act (FCRA) to conduct pre-employment background checks on candidates. In addition to FCRA, we also discuss how “ban the box” and credit check … 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

Model Leave Request, Certification and Waiver Forms Issued for the New York Paid Family Leave Law

Leave of absence formWith the January 1, 2018 effective date for the New York Paid Family Leave Law fast approaching, the New York State Workers’ Compensation Board (“WCB”) has issued model paid family leave (“PFL”) request and certification forms, as well as a model waiver form. The forms are available on the WCB’s New York Paid Family Leave … Continue Reading

Guidance Issued on Taxability of Contributions and Benefits under New York Paid Family Leave Law

Leave of absence formThe New York State Department of Taxation and Finance has issued official guidance on several taxability issues relating to the New York Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018.  Among other details addressed, employee contributions under the PFLL shall be made on an after-tax basis, and benefits paid to … Continue Reading
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