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Employers Prepare: New York Continues to Revamp Workplace Harassment Law (US)

Riding on the 2018 wave of workplace sexual harassment legislation, on June 19, 2019, the New York state assembly and senate voted to toughen the state’s anti-discrimination and anti-harassment law (S. 6577/A. 8421 and related amendment S. 6594/A. 8424). Governor Cuomo, a proponent of the bill, is expected to sign the bill into law.  … Continue Reading

New York City and New Mexico Protect Employees Who Are Medical Marijuana Users (US)

New York City New York City has enacted a first-of-its kind law (Intro. No. 1445-A) prohibiting pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. The law makes it an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof to require a prospective employee “to submit to testing for the … Continue Reading

New York City and California Take Aim at Hairstyle-Based Discrimination (US)

Both New York City and California have recently taken steps to ban hairstyle-based discrimination.  On Monday, April 22, 2019, the California State Senate passed the CROWN Act (Create a Respectful and Open Workplace for Natural Hair), which seeks to amend California’s anti-discrimination statute, the California Fair Housing and Employment Act (“FEHA”).   The CROWN Act, if … Continue Reading

State Law Round-Up: Minimum Wage Hikes (MD, NM, CA); Kentucky Pregnant Workers Act; New Jersey Employee Rights; New York Voting Leave; Salary History Bans (OH, NM) (US)

Minimum Wage Updates On March 28, 2019, Maryland’s legislators voted to raise the state’s minimum wage to $15.00 per hour by January 1, 2025 for employers with 15 or more employees and July 1, 2026 for employers with 14 or fewer employees.… Continue Reading

Deadline Extended for Compliance with New York Sexual Harassment Prevention Training Requirement

As we discussed in our previous posts – see here and here – in April 2018, New York passed legislation intended to combat workplace sexual harassment.  Under this new law, employers are required to implement and distribute to employees a written policy prohibiting sexual harassment by October 9, 2018.  To assist employers in complying, in … Continue Reading

New York Releases Package of Draft Model Policies for Employers and State Contractors in Response to Sexual Harassment Law Adopted in April 2018

On August 23, 2018, the New York State Department of Labor (“NYSDOL”) released written guidance addressing new requirements under New York State law that are designed to prevent sexual harassment in the workplace.  The material outlines proposed minimum standards, training requirements and other compliance materials for the new state law.  This release comes as the … Continue Reading

New York Proposes Expanded Call In and Scheduling Regulations (US)

The New York State Department of Labor has issued new, proposed regulations regarding “just-in-time,” “call-in,” and “on-call” pay – or pay required when an employer unexpectedly cancels a covered employee’s shift or calls them into work, or requires them to be on-call. The draft regulations supplement the state’s existing Minimum Wage Order for Miscellaneous Industries … Continue Reading

Paid Family Leave On the Rise – California and New York State Both Set to Expand Benefits Starting January 1, 2018

Come January 1, 2018, employees in California and New York will enjoy new and expanded rights to time off work, with pay, to attend to certain family needs.  New York, whose law was enacted in 2016 (see our prior post here), boasts its law as being the nation’s “strongest and most comprehensive” on paid family … Continue Reading

It’s All the Wage! Historic Minimum Wage Increases in California and New York; New York Institutes 12-Week Paid Family Leave

Today (April 4, 2016) California Governor Jerry Brown signed SB 3, raising California’s minimum wage to $15 by 2023.  Under that law, minimum wage in the state of California (currently $10.00 per hour) will increase as follows: Beginning date Small employer (1-25 employees) Large employer (26 or more employees) January 1, 2017 $10.00 $10.50 January … Continue Reading

New York State and City Employment Law Update

The beginning of 2016 is a busy year for New York employers.  Both the state and New York City have enacted a variety of laws expanding protections for employees.  Employers need to review their policies to ensure they are in compliance. NEW YORK STATE Effective January 19, 2016, the New York State Human Rights Law … Continue Reading

New York City Commission on Human Rights Clarifies Which Positions are Exempt from Newly Effective Credit Check Law

As we covered in a prior blogpost in May 2015, New York City Mayor Bill de Blasio signed into law an expansion of the New York City Human Rights Law impacting how employers may use credit checks.  The “Stop Credit Discrimination in Employment Act,” which became effective on September 3, 2015 (the “Act”), makes it … Continue Reading

Raising the Minimum Wage – Congress to Consider a Proposal to Increase the Federal Minimum Wage to $15 per hour by 2020

Humor me for a second.  Imagine you are an employee earning either an annual salary or an hourly wage.  You are in the middle of your year-end review with your supervisor.  You sit down and discuss fun things like strengths, weaknesses, travel destinations and perhaps (but hopefully not) the company holiday party.  Then it comes … Continue Reading

Unpaid Intern or Employee? Recent Decision Announces New Test for Intern Misclassification Cases

Second Circuit Court of Appeals Adopts New Test for Determining Whether Unpaid Interns Should Be Classified and Paid as Employees Unpaid internship programs have come under heightened scrutiny in recent years by the Department of Labor, the Internal Revenue Service, and other regulatory agencies, as well been the subject of a number of high-profile lawsuits. … Continue Reading

New Wage Deduction Regulations To Go Into Effect Soon: New York Employers Be Prepared

Last year, New York amended its wage deduction statute and greatly expanded categories of permissible deductions from employees’ pay.  In addition to statutory deductions and deductions for health and welfare plans which have traditionally been permissible, New York employers may now deduct wages for the benefit of the employee, including the following: insurance premiums and … Continue Reading
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