As we previously reported, the New York State Senate and Assembly passed an omnibus bill that overhauls New York’s antidiscrimination laws and uproot precedent upon which employers have relied for decades in defending...more
8/14/2019
/ Arbitration ,
Employer Liability Issues ,
Employment Contract ,
Harassment ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
NYCHRL ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
As we previously reported, the New York State Senate and Assembly recently passed Senate Bill 5248A and Senate Bill 6549. Governor Andrew Cuomo signed both bills, and both became law on July 10, 2019.
Senate Bill 5248A,...more
Continuing the trend of substantial and expansive legislative changes in employment law, the New York State Senate and Assembly have passed Senate Bill 5248A and Senate Bill 6549. The first bill, S5248A, will prohibit wage...more
On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. This legislation, once effective, will overhaul New York’s anti-discrimination laws and uproot precedent...more
6/26/2019
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration ,
Attorney's Fees ,
Civil Rights Act ,
Employee Training ,
Employer Liability Issues ,
Faragher/Ellerth defense ,
Human Rights Act ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Pending Legislation ,
Punitive Damages ,
Sexual Harassment ,
State and Local Government ,
Title VII
As we previously reported, the New York City Council recently passed a bill to prohibit most pre-employment screening for marijuana by public and private employers. New York City mayor Bill de Blasio neither signed nor vetoed...more
On April 9, 2019, the New York City Council overwhelmingly passed a bill that would prohibit most pre-employment screening for marijuana by public and private employers. The bill is supported by Mayor Bill de Blasio and would...more
4/25/2019
/ Collective Bargaining Agreements (CBA) ,
Drug Testing ,
Employer Liability Issues ,
Exceptions ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Marijuana ,
NYCHRL ,
Private Sector ,
Public Employers ,
Screening Procedures
On February 19, 2019, the New York City Commission on Human Rights (NYCCHR) issued a sweeping and detailed legal enforcement guidance outlining new protections for New Yorkers who maintain “natural hair or hairstyles most...more
As we previously reported, New York State and New York City has passed sweeping laws aimed at combating sexual harassment in the workplace last year. While many requirements of these laws already went into effect in 2018, the...more
1/17/2019
/ Anti-Harassment Policies ,
Commission on Human Rights ,
Corporate Counsel ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Local Ordinance ,
New Legislation ,
Notice Requirements ,
NYCHRL ,
Posting Requirements ,
Risk Management ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Effective December 31, 2018, the salary basis thresholds for some executive and administrative exempt employees, the minimum wage rate, and the permitted tip credits and uniform maintenance pay, among other things, will...more
As we previously reported here, New York Governor Andrew Cuomo recently enacted an aggressive anti-sexual harassment law with stringent requirements for employers’ anti-harassment policies and training. A key component of the...more
As we previously reported, New York State and New York City each recently passed aggressive laws to combat sexual harassment in the workplace. On August 23, 2018, the New York State Department of Labor (NYSDOL) released...more
8/30/2018
/ Arbitration ,
Arbitration Agreements ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Employment Contract ,
Employment Policies ,
New Guidance ,
Non-Disclosure Agreement ,
NYCHRL ,
Risk Management ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government
New York Governor Andrew Cuomo recently signed into law the 2018–2019 New York State budget, which includes components aimed at combating sexual harassment in the workplace that impose significant new obligations on private...more
5/11/2018
/ Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Notice Requirements ,
NYCHRL ,
Sexual Harassment ,
State and Local Government ,
State Budgets
Effective July 18, 2018, New York City employers will be required to allow employees who have been employed for at least 120 days and who work at least 80 hours in New York City in a calendar year to make two temporary...more
As we have previously reported, New York State’s Minimum Wage Orders set forth a schedule that provides for the automatic annual increase of, among other things, the salary basis thresholds for overtime exempt employees, the...more
In Chauca v. Abraham, No. 113 (November 20, 2017), the New York State Court of Appeals clarified the standard for awarding punitive damages under the New York City Human Rights Law (NYCHRL). Unlike Title VII of the Civil...more
The Albany County Legislature recently amended the Human Rights Law for Albany County to join New York City, Philadelphia, Massachusetts, Delaware, Oregon, Puerto Rico, California, and San Francisco in banning inquiries into...more
As we previously reported in April of 2017 and May of 2017, New York City employers may want to prepare for the New York City salary history law, which will go into effect on October 31, 2017. With limited exceptions, the law...more
The New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, requiring virtually all private employers in New York to provide paid family leave benefits to eligible employees. As employers begin the...more
On June 21, 2017, the New York State Assembly advanced Assembly Bill A2040C, which would restrict an employer’s ability to ask job applicants about their salary histories. If passed, the legislation would amend the New York...more
As we previously reported, the New York City Council recently passed a bill restricting an employer’s ability to ask job applicants about their salary, benefits, or other compensation history during the hiring process. As...more
In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and...more
On April 5, 2017, the New York City Council passed Intro No. 1253-2016 restricting an employer’s ability to ask job applicants about their salary, benefits, or other compensation history during the hiring process. The...more
As we previously reported, the New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, and will require virtually all private employers in New York to provide paid family leave benefits to eligible...more
As New York employers prepare for the December 1, 2016, implementation of the revised Fair Labor Standards Act (FLSA) overtime regulations, they should be aware of proposed regulations by the New York State Department of...more