Law and the Workplace

Tag Archives: new york

NYC Commission on Human Rights Proposes Fair Chance Act Rules

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

New York and California Equal Pay Laws Set to Take Effect in New Year

New equal pay laws are coming into effect in 2016 in both New York and California. The New York law, passed as part of the Women’s Equality Agenda, will come into effect on January 19, 2016, and the California law will become effective on January 1, 2016. Both new laws enact broader prohibitions on wage … Continue Reading

NYC Commission on Human Rights Clarifies Background Screening Laws

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

New York Extends Sunset Provision on 2012 Wage Deduction Law Amendments to 2018

UPDATE: On October 26, 2015, Governor Cuomo signed a bill (A07594) extending the expiration period of the 2012 amendments to New York Labor Law 193 from three years after their effective date (November 6, 2015) to six years after their effective date (November 6, 2018).  For more information on the 2012 amendments, see our October … Continue Reading

NYCCHR Publishes Pre-Adverse Action Form

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

Transgender Individuals to Gain Protection under New York State Law

Tonight, at the Pride Agenda Dinner, Governor Cuomo announced that he plans to extend protections against discrimination in employment, housing and public accommodations to transgender individuals.  The New York City Human Rights Law has long protected transgender individuals, but bills to amend the New York State Human Rights Laws have not secured the necessary votes to pass.  The governor intends to bypass … Continue Reading

Second Circuit Clarifies Pleading Standard for Title VII Claims

A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York, No.14-1395-cv (2d Cir. August 3, 2015), the panel made a number of important holdings, including on how courts should … Continue Reading

“Enough is Enough” – Governor Cuomo Signs Campus Sexual Assault Legislation

On July 7, 2015, New York Governor Andrew Cuomo signed into law legislation to combat sexual assault on both public and private college campuses throughout New York.  With a few exceptions, the provisions in the law will take effect within 90 days, on October 5, 2015. The law mandates the notation of disciplinary action for … Continue Reading

Can I Pay with a Card? – Proposed Restrictions on NY Employers’ Use of Payroll Cards

Payroll cards (i.e., debit cards onto which employee wages can be loaded) provide an alternative to more traditional forms of wage payment such as paper checks or direct deposit. Payroll card programs can offer cost-saving benefits to employers as well as benefits for employees, especially those who do not have personal checking accounts. These benefits … Continue Reading

Governor Cuomo Will Seek Increase to Minimum Wage

Governor Cuomo announced Sunday that he will propose raising the minimum wage in New York State to $10.50 per hour and in New York City to $11.50 by 2016.  As previously reported in the New York Times, the Governor had rejected the notion that municipalities could raise the minimum wage on their own but later reversed his position.  His new … Continue Reading

New York Law Providing Unpaid Leave For Emergency Responders Takes Effect

New York recently passed a new leave law mandating unpaid leave for emergency responders.  The law took effect December 22, 2014.  Under the law, employers must provide unpaid leave to employees who serve as volunteer firefighters or volunteer ambulance personnel when the governor declares a state of emergency, unless the employee’s absence would impose and … Continue Reading

Governor Signs Amendments to N.Y. Wage Theft Prevention Act, Eliminating Requirement that Employers Issue Annual Notices to Employees between January 1 and February 1

On December 29, 2014, Governor Andrew Cuomo signed a bill amending the N.Y. Wage Theft Prevention Act (“WTPA”) immediately eliminating the requirement that employers send annual WTPA wage rate and pay date notices to current employees between January 1 and February 1 of each year.  As we have previously reported, amendments to the WTPA were … Continue Reading

NYS Wage Theft Prevention Action – Summer 2014 Amendments Still Pending

This summer, we wrote about a bill passed by both the New York State Assembly and Senate to amend the New York State Wage Theft Prevention Act (the WTPA).  Among other things, the amendments would eliminate the need for employers to provide annual wage notices to their existing employees, impose harsher penalties for wage law … Continue Reading

Rochester Issues FAQs on Newly Effective “Ban the Box” Ordinance

Rochester recently posted FAQs highlighting key provisions of the city’s “ban the box” ordinance, which takes effect today.  The new law prohibits employers from inquiring into an applicant’s criminal conviction history until after an initial employment interview or following a conditional offer of employment. For more on the Rochester law, see our prior client alert. … Continue Reading

New Ebola Orders from NY and NJ Governors Provide Additional Relief for Employers

Employers in New York and New Jersey who were wondering whether to require employees returning from the three West African nations of Liberia, Sierra Leone and Guinea who had direct contact with a person with Ebola to stay home from work during the 21-day Ebola incubation period now do not have to make that decision. … Continue Reading

New York City Issues Additional Sick Leave Act FAQS

The New York City Department of Consumer Affairs (DCA) has been busy answering questions about administration of sick leave under the New York City Earned Sick Time Act.  In light of ambiguities in the law and regulations, the DCA has released new Frequently Asked Questions (“FAQS”) to provide additional guidance on the Act’s application to … Continue Reading

New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered “Disabled” Under State Human Rights Law

On June 20, 2014, the New York state legislature approved a bill that would allow patients to use marijuana for limited medical therapeutic purposes. Governor Cuomo is expected to sign the bill into law. The bill will not take effect until 18 months after it is signed into law, giving employers time to consider the … Continue Reading

New York Wage Theft Prevention Act Amendments Awaiting Governor’s Signature

On June 19, 2014, both houses of the New York State Legislature passed a bill that would amend the N.Y. Wage Theft Prevention Act of 2010 (the “Act”). The amendments eliminate the annual wage rate notice requirement and increase the penalties for violations of the wage payment laws. It is expected that Governor Cuomo will … Continue Reading

New N.Y. Restrictions on Independent Contractor Use

As of April 10, companies in the commercial goods transportation industry must comply with strict rules governing use of independent contractors.  The Commercial Goods Transportation Industry Fair Play Act creates a presumption that any person transporting commercial goods (e.g., truck drivers) are employees.  It also amends the unemployment and workers compensation insurance law to require … Continue Reading

Recent SDNY Rulings Provide Insight into the Value of Voluntary Title III Settlement Agreements with Governmental Agencies Against Future Claims

When considering whether to enter into a voluntary settlement agreement with a governmental agency regarding the accessibility a place of public accommodation, clients often ask how much protection is gained against potential future claims brought against the same location by other parties.  A recent series of rulings in a litigation brought under Title III of … Continue Reading

NY Court of Appeals Ruling Stresses the Need for Employers to Engage In and Document the Interactive Process

The New York Court of Appeals’ recent decision in Jacobsen v. N.Y.C. Health & Hosps. Corp., No. 34, 2014 N.Y. LEXIS 570 (Mar. 27, 2014), stresses the need for employers responding to requests for accommodation by employees with disabilities to engage in a thoughtful, individualized, interactive process that it also well documented.  Failure by the … Continue Reading

Mayor de Blasio Signs New York City Sick Leave Law – Notice of Rights Available

NYC Mayor Bill de Blasio signed the amended Earned Sick Time Act on Thursday, March 20, 2014. The law takes effect April 1, 2014. The New York City Department of Consumer Affairs (“DCA”) has now posted FAQs and template notices on its website. All employers must issue a notice of rights to employees. Please read … Continue Reading
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