Employers in New York have been eagerly awaiting the state’s anticipated model sexual harassment training and policies ever since the state passed significant new sexual harassment laws back in April. That day has finally...more
On July 18, 2018, the New York City Temporary Schedule Change Law took effect. As we previously reported, under the new law, eligible employees have a right to temporary changes to their work schedule for certain “personal...more
New York City recently expanded its paid sick leave law to provide protected time off to employees who are the victims of domestic violence, sexual assault, stalking, or human trafficking and to broaden the definition of a...more
5/18/2018
/ Domestic Violence ,
Earned Sick Time ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Human Trafficking ,
Paid Leave ,
Sexual Assault ,
Sick Leave ,
Stalking ,
State Labor Laws ,
Wage and Hour
On the heels of the #MeToo and #TimesUp movements, Mayor Bill de Blasio signed a slate of legislation last week aimed at preventing sexual harassment in the workplace. Entitled the “Stop Sexual Harassment in NYC Act,” the...more
5/16/2018
/ Anti-Harassment Policies ,
Arbitration Agreements ,
Employee Training ,
Employer Liability Issues ,
Gender Discrimination ,
Mayor de Blasio ,
New Legislation ,
Notice Requirements ,
Pre-Dispute Arbitration ,
Proposed Legislation ,
Reporting Requirements ,
Sexual Harassment ,
Statute of Limitations
New York’s highest court recently held that social media users may be required to turn over information from their accounts—regardless of the user’s chosen privacy settings—as part of the discovery process (Forman v. Henkin)....more
On the heels of Governor Andrew Cuomo’s call for New York to take additional steps to close the gender wage gap, the New York State Assembly passed a suite of pay equity legislation that would impact both private and public...more
4/24/2018
/ Affirmative Defenses ,
Employer Liability Issues ,
Equal Pay ,
Fair Pay Act ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Governor Cuomo ,
Hiring & Firing ,
Job Applicants ,
National Origin Discrimination ,
Pay Equity Laws ,
Pending Legislation ,
Private Right of Action ,
Public Employees ,
Public Employers ,
Salary/Wage History ,
Sex Discrimination ,
Wage and Hour
Westchester County has enacted a Wage History Anti-Discrimination Law which will soon make it illegal for employers to ask potential employees their salary history. The law was passed by the County Board of Legislators on...more
On April 10, 2018, Equal Pay Day, New York Governor Andrew Cuomo unveiled proposed legislation banning all employers in New York from asking job applicants about their salary history. The legislation is aimed at closing the...more
4/17/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Pay ,
Executive Orders ,
Gender-Based Pay Discrimination ,
Governor Cuomo ,
Hiring & Firing ,
Job Applicants ,
Proposed Legislation ,
Salary/Wage History ,
Wage and Hour
Employers operating in New York will soon face a raft of new sexual harassment laws. The state budget bill for the 2019 fiscal year approved by the New York State Legislature on March 31 and signed into law by Governor Andrew...more
4/16/2018
/ Anti-Harassment Policies ,
Arbitration ,
Arbitration Agreements ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Federal Arbitration Act ,
Governor Cuomo ,
Mandatory Arbitration ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Employees ,
Policies and Procedures ,
Settlement Agreements ,
Sexual Harassment ,
Workplace Communication
On the heels of the #MeToo and #TimesUp movements, the New York City Council passed a slate of legislation earlier this week aimed at preventing sexual harassment in the workplace. Entitled the “Stop Sexual Harassment in NYC...more
4/13/2018
/ Arbitration Agreements ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Mayor de Blasio ,
New Legislation ,
Notice Requirements ,
Pre-Dispute Arbitration ,
Proposed Legislation ,
Reporting Requirements ,
Sex Discrimination ,
Sexual Harassment ,
Statute of Limitations
With the rise of the #MeToo movement, many are left wondering why so few victims of sexual harassment spoke up before. A psychological disconnect called “affective forecasting error” helps to explain this failure. Affective...more
On March 12, 2018, the New York State Senate passed a bill aimed at strengthening and reforming the state sexual harassment laws. The legislation comes on the heels of the #MeToo movement and mirrors much of what Governor...more
3/20/2018
/ Anti-Harassment Policies ,
Arbitration Agreements ,
Confidentiality Agreements ,
Employee Training ,
Governor Cuomo ,
Non-Employees ,
Pending Legislation ,
Public Employers ,
Settlement Agreements ,
Sexual Harassment ,
State Contractors ,
State Labor Laws
New York City employers will soon be required to expand existing protections against sexual orientation and gender discrimination due to an amendment to the definitions of these terms under the New York City Human Rights Law...more
The New York City legislature just enacted an amendment to the New York City Human Rights Law (NYCHRL) which codifies an employer’s obligation to engage in a cooperative dialogue with any employee who may be entitled to a...more
Following national attention on the #metoo movement, New York Governor Andrew Cuomo announced plans as part of his State of the State address earlier this month to strengthen New York’s laws on sexual harassment in the...more
1/29/2018
/ Annual Reports ,
Anti-Harassment Policies ,
Confidentiality Agreements ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Contract ,
Governor Cuomo ,
Independent Contractors ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Proposed Legislation ,
Public Officials ,
Sexual Assault ,
Sexual Harassment ,
Small Business ,
State and Local Government ,
Whistleblower Protection Policies
One of the key provisions of New York City’s Fair Workweek Law was just put on hold while a federal judge sorts out a constitutional challenge brought by two restaurant advocacy organizations. The “Deductions Law” portion of...more
1/26/2018
/ Constitutional Challenges ,
Donations ,
Employees ,
Fair Workweek ,
Fast-Food Industry ,
First Amendment ,
Hospitality Industry ,
LMRA ,
NLRA ,
Nonprofits ,
Pending Legislation ,
Restaurant Industry ,
State Labor Laws ,
Wage and Hour ,
Wage Deductions
The New York City Council passed a bill allowing employees to make temporary schedule changes to attend to a “personal event.” The bill is an amendment to the recently enacted Fair Workweek Law....more
The state’s highest court might have just made life more difficult for employers facing liability under New York City’s anti-bias law. Clarifying a question left open by New York City’s Human Rights Law (NYCHRL), the New York...more
12/27/2017
/ Anti-Discrimination Policies ,
Appeals ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Former Employer ,
NYCHRL ,
Pregnancy Discrimination ,
Punitive Damages ,
Sex Discrimination ,
Title VII
The Albany County, New York legislature recently unanimously voted to amend the Albany County Human Rights Law to ban employers from asking about a job applicant’s salary history. The law took effect December 17, 2017. With...more
The New Year will bring a number of new employment laws to the Empire State and Big Apple. All employers with operations in New York should take note of these new laws — as well as significant laws that went into effect in...more
12/21/2017
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Breastfeeding ,
Cooperative Dialogue ,
Earned Sick Time ,
Employer Liability Issues ,
Fair Workweek ,
Hospitality Industry ,
Lactation Accommodation ,
Minimum Wage ,
New Legislation ,
On-Call Employees ,
Paid Family Leave Law ,
Paid Leave ,
Pregnancy Discrimination ,
Salary/Wage History ,
Sexual Harassment ,
Sick Leave ,
State Labor Laws ,
Tip Credit ,
Wage and Hour ,
Work Schedules
Employers in New York City will soon be required to provide protected time off to employees who are the victims of domestic violence, sexual assault, stalking, or human trafficking due to amendments to New York City’s Earned...more
12/19/2017
/ Domestic Violence ,
Earned Sick Time ,
Employment Policies ,
Human Trafficking ,
Local Ordinance ,
New Amendments ,
Notice Requirements ,
Paid Leave ,
Sexual Assault ,
Sick Leave ,
Stalking ,
Wage and Hour
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more
12/7/2017
/ Affordable Care Act ,
Appeals ,
Attorney General ,
Decriminalization of Marijuana ,
Electronic Filing ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Workweek ,
Federal Labor Laws ,
Filing Deadlines ,
Fines ,
Gender Discrimination ,
Gig Economy ,
Harassment ,
Independent Contractors ,
IRS ,
Joint Employers ,
LGBTQ ,
Marijuana ,
Misclassification ,
Paid Leave ,
Proposed Legislation ,
Proposed Rules ,
Rest and Meal Break ,
Salary/Wage History ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Tax Penalties ,
Title VII ,
Uber ,
UK ,
Wage and Hour ,
Work Schedules ,
Workplace Illness and Injury Reporting
New York City’s Fair Workweek Law takes effect on November 26, 2017, thereby limiting the scheduling options and reducing the flexibility of retail and fast food employers. Not to be outdone, New York State is about to add...more
11/14/2017
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Workweek ,
Fast-Food Industry ,
Food Service Workers ,
Governor Cuomo ,
Labor Commissioners ,
Minimum Wage ,
New Legislation ,
Notice Requirements ,
On-Call Employees ,
Proposed Regulation ,
Public Comment ,
Public Hearing ,
Retail Workers ,
Wage and Hour ,
Work Schedules
New York City’s Department of Consumer Affairs (DCA), the agency tasked with enforcing the city’s new “Fair Workweek Law,” recently issued proposed rules to implement the legislation and provide guidance to covered employers...more
11/6/2017
/ Comment Period ,
Employee Rights ,
Employer Liability Issues ,
Employment Records ,
Fair Workweek ,
Fast-Food Industry ,
Flexible Work Arrangements ,
Hospitality Industry ,
Local Ordinance ,
On-Call Employees ,
Premiums ,
Private Right of Action ,
Proposed Rules ,
Public Hearing ,
Recordkeeping Requirements ,
Retail Workers ,
Wage and Hour ,
Work Schedules
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more
11/3/2017
/ Administrative Law Judge (ALJ) ,
Affordable Care Act ,
Appeals ,
Ban the Box ,
Civil Rights Act ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Brown ,
GrubHub ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Independent Contractors ,
Misclassification ,
New Rules ,
NLRB ,
OFCCP ,
Over-Time ,
Parental Leave ,
Preventive Health Care ,
Proposed Rules ,
Restraining Orders ,
Retaliation ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
State Labor Laws ,
State Legislatures ,
Tip-Pooling ,
Title VII ,
Transgender ,
Travel Ban ,
Trump Administration ,
Wage and Hour ,
Whistleblowers