Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action,...more
5/14/2024
/ City of New York ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Labor Law Violations ,
Local Ordinance ,
New Rules ,
NYCHRL ,
State Labor Laws ,
Statute of Limitations ,
Workplace Harassment Guidance
On September 15, 2023, the New York City Department of Consumer and Worker Protection adopted changes to the regulations governing the City’s Earned Safe and Sick Time Act (ESSTA). The effective date of the changes is October...more
On May 26, 2023, New York City enacted an ordinance amending the New York City Human Rights Law to ban employment discrimination on the basis of a person’s height and weight. This new ordinance further expands the...more
6/2/2023
/ Anti-Discrimination Policies ,
City of New York ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Local Ordinance ,
New Regulations ,
Non-Discrimination Rules ,
NYCCHR
On August 2, 2022, the New York State Department of Health (the “Department”) issued revised guidance regarding daily health screenings and related policies for home care staff. Specifically, the new guidance reduces the...more
8/26/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health Care Providers ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Infectious Diseases ,
New Guidance ,
New York ,
Screening Procedures ,
Workplace Safety
On April 14, 2022, New York City Council Member Christopher Marte, along with Public Advocate Jumaane Williams, introduced legislation that would amend the New York City Fair Workweek law (“FWWL”), which currently applies...more
As previously reported, New York City’s vaccination mandate for private employers goes into effect on December 27, 2021. This measure, issued as an order from the New York City health commissioner in response to a public...more
12/17/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
New York ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On December 10, 2021, New York Governor Kathy Hochul announced that face masks must be worn in all indoor public places in New York State, effective December 13, 2021. This measure was taken in response to a notable surge in...more
12/13/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Masks ,
New York ,
Personal Protective Equipment ,
Vaccine Passports ,
Workplace Safety
On Monday, December 6, 2021, New York City announced a first-in-the-nation vaccine mandate for private-sector employers, which must now require vaccinations for all employees who work in person in the city. ...more
On November 23, 2021, the New York City Council passed a bill amending its Earned Safe and Sick Time Act requiring all private-sector employers to provide their employees with four hours of paid COVID-19 child vaccination...more
On March 12, 2021, Governor Andrew Cuomo signed legislation providing all public and private employees in New York up to four hours of paid leave per vaccine injection to obtain a COVID-19 vaccine....more
On September 29, 2020, New York City Mayor Bill de Blasio signed New York City Council Int. No. 2032-A, which largely brings the New York City Earned Safe and Sick Time Act (ESSTA) into alignment with the New York State Sick...more
Effective July 23, 2020, Suffolk County, New York amended its Human Rights Law to ban race and religious discrimination based on hairstyle, hair texture, and religious garments as components of “group identity” under the...more
On June 25, 2020, the New York Department of Health (NY DOH) and the New York Department of Labor (NY DOL) issued new guidance, titled New York State Department of Health and New York State Department of Labor Guidance on Use...more
New York, New Jersey, and Connecticut issued a joint incoming travel advisory, effective June 25, 2020, requiring all individuals—including Tristate Area residents—to self-quarantine for 14 days when arriving from an...more
Effective August 25, 2020, Suffolk County will join a growing number of New York jurisdictions, including New York City, Buffalo, Rochester, and Westchester County, in restricting the use of pre-employment inquiries into an...more
On April 19, 2020, the New York City Commissioner for Health and Mental Hygiene signed an Order to compel persons who self-identify as requiring mandatory isolation due to COVID-19 to isolate in their home or another...more
On April 3, 2020, New York State Governor Andrew Cuomo signed a comprehensive budget bill that, among other things, amends the New York Labor Law1 to require all New York employers to provide paid or unpaid sick leave to...more
On March 10, 2020, the New York City Commission on Human Rights (the “Commission”) proposed rules addressing exceptions recognized under the city’s ordinance generally prohibiting pre-employment testing for marijuana and...more
On July 2, 2019, the U.S. Court of Appeals for the Second Circuit handed a significant victory to New York’s home care industry. In Abdullayeva v. Attending Home Care Services, the appellate court reversed a lower court’s...more
7/5/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Grievance Process ,
Home Health Care ,
Home Healthcare Workers ,
Labor Regulations ,
Labor Relations ,
Motion to Compel ,
Putative Class Actions ,
Reversal ,
Unions
On April 9, 2019, the New York City Council passed a first-of-its-kind bill that prohibits pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. ...more
4/11/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Conditional Job Offers ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Marijuana ,
Marijuana-Infused Edibles ,
Medical Marijuana ,
State and Local Government
The New York home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who...more
2/14/2019
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
Home Healthcare Workers ,
Labor Law Violations ,
NYDOL ,
Regulatory Oversight ,
Regulatory Standards ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
As previously reported, this year both the State of New York and the City of New York enacted legislation requiring employers to distribute sexual harassment prevention policies and to train their workforce about the...more
11/15/2018
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Entertainment Industry ,
Harassment ,
Hostile Environment ,
Local Ordinance ,
Nightclubs ,
Regulatory Requirements ,
Risk Management ,
Sexual Harassment ,
State and Local Government
The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor's (NYDOL) emergency rulemaking amendment to the...more
10/1/2018
/ Court Nullification ,
Department of Labor (DOL) ,
Domestic Workers ,
Employer Liability Issues ,
Health Care Providers ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Regulatory Requirements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
A recent federal court decision has added to the confusion surrounding the application of the U.S. Department of Labor's (DOL) "home care" overtime rule and New York's "13-hour" rule regarding compensable work hours for...more
12/22/2017
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Rest and Meal Break ,
State and Local Government ,
Wage and Hour ,
Work Schedules
As we reported earlier this month, the New York State Department of Labor (“NYDOL”) issued an amendment, effective October 6, to its Minimum Wage Order for Miscellaneous Industries and Occupations to clarify that bona fide...more