The NYS DOL has issued a model notice for private employers to use to notify their employees of the expanded protections under the NYS whistleblower law that went into effect on January 26, 2022. The model notice, designated...more
As of Jan. 1, 2022, employers in the City of Brotherly Love are prohibited from requiring job applicants to undergo pre-employment drug testing for marijuana use. The ordinance, referred to as the Prohibition on Testing for...more
Following the legalization of recreational cannabis in New York by the Marijuana Regulation and Taxation Act (MRTA) earlier this year, which we previously reported on, the New York State Department of Labor has issued...more
On September 28, 2020, New York City Mayor Bill de Blasio signed into law a bill (Intro. 2032-A (Cohen)) amending the New York City Earned Safe and Sick Time Act (ESSTA) to align it with the New York State Sick Leave Law...more
As a reminder, in follow-up to our Employment Law Spotlight Blog, effective September 30, 2020, New York state employers must provide New York state sick leave (NYSSL) to employees. Although the NYSSL law goes into effect...more
Just weeks after New York state implemented an Emergency COVID-19 Paid Sick Leave Law, late last week, New York state passed a statewide paid sick leave (State PSL) law as part of its fiscal year 2020-2021 budget....more
Last night, Governor Andrew Cuomo of New York signed a bill into law that provides statewide paid sick leave related to the COVID-19 pandemic to employees in order “to address the immediate need of employees affected by...more
Welcome to the winter edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
12/20/2019
/ Employee Definition ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Marijuana ,
Minimum Wage ,
Misclassification ,
NLRA ,
NLRB ,
Non-Exempt Employees ,
Over-Time ,
Parental Leave ,
Reproductive Discrimination ,
Section 7 ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Welcome to the fall edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
10/8/2019
/ Anti-Harassment Policies ,
Domestic Violence ,
Employee Training ,
Failure to Accommodate ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Medical Marijuana ,
Misclassification ,
NLRA ,
NLRB ,
Race Discrimination ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
We previously reported that the NYC Commission on Human Rights issued legal enforcement guidance for employers regarding racial discrimination on the basis of hair under the New York City Human Rights Law (NYCHRL). ...more
Welcome to the Summer edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
7/1/2019
/ #MeToo ,
Department of Labor (DOL) ,
Drug Testing ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Marijuana ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Paid Leave ,
Parental Leave ,
Sexual Harassment ,
State Labor Laws ,
Voting Leave ,
Wage and Hour
Joining a steadily growing national trend, the Connecticut Legislature recently passed a generous paid family and medical leave bill, which will make Connecticut the seventh state — in addition to California, Massachusetts,...more
In a follow-up to our August 2018 blog post regarding a $1.1 million class settlement of the Equal Employment Opportunity Commission’s (EEOC) first parental leave lawsuit against a large cosmetics company, a large financial...more
On May 28, Connecticut Governor Ned Lamont signed Public Act No. 19-4, entitled “An Act Increasing the Minimum Fair Wage,” that will raise the Connecticut minimum wage to $15.00 per hour in 2023, which is more than double the...more
Welcome to the Spring edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
4/1/2019
/ Arbitration ,
Breastfeeding ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Expression ,
Lactation Accommodation ,
Minimum Wage ,
On-Call Employees ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
Last week, the NYC Commission on Human Rights issued legal enforcement guidance on racial discrimination on the basis of hair under the New York City Human Rights Law (NYCHRL). ...more
Last week, following 16 years of discussion and debate, the New York state legislature finally passed the Gender Expression Non-Discrimination Act (GENDA). The act would amend the state New York Human Rights Law to prohibit...more
1/23/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Gender Expression ,
Gender Identity ,
Governor Cuomo ,
Hate Crimes ,
LGBTQ ,
Proposed Legislation ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Title VII
Welcome to the second edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
10/4/2018
/ #MeToo ,
Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
LGBTQ ,
Medical Leave ,
Misclassification ,
No-Poaching ,
Non-Compete Agreements ,
Paid Leave ,
Sexual Harassment ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Tipped Employees ,
Title VII ,
Wage and Hour ,
Website Accessibility ,
Work Schedules
Last week, the Office of the New York Attorney General (NYAG’s Office) reached a settlement with WeWork, a New York City-based company that provides shared “co-work” spaces nationwide and internationally – and, notably, is...more
In the U.S., many employers’ parental-leave programs prioritize birth mothers and offer limited benefits to fathers, adoptive parents, foster parents and LGBT parents. In 2015, the Equal Employment Opportunity Commission...more
Welcome to the first edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some of the key employment trends that affected New York employers in 2017, and our...more
7/20/2018
/ #MeToo ,
Anti-Harassment Policies ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Policies ,
Fast-Food Industry ,
NLRB ,
Non-Disclosure Agreement ,
Paid Family Leave Law ,
Paid Leave ,
Popular ,
Retailers ,
Sexual Harassment ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Title VII ,
Wage and Hour ,
Work Schedules
As we previously discussed in our earlier blog post, an amendment to the New York City Earned Sick Time Act went into effect on May 5. That amended act, renamed the New York City Earned Safe and Sick Time Act, implements two...more
Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard...more
On July 17, 2017, the Massachusetts Supreme Judicial Court concluded that an employee could sue her employers for state law disability discrimination for failing to accommodate her use of medical marijuana after she failed to...more
As we reported previously to New York recently joined several other states that offer paid family leave benefits for employees. Effective Jan. 1, 2018, the New York Paid Family Leave Law (PFLL) will provide eligible employees...more