Law and the Workplace

Tag Archives: new york city

New York City Council Introduces COVID-19 Bills Addressing Essential Workers and Paid Sick Leave Coverage

By Allan Bloom, Harris Mufson, Laura Fant and Jordan Simon on Posted in Coronavirus
As previously announced, the New York City Council has introduced an expansive package of COVID-19 bills that, among other things, propose sweeping protections for “essential” workers. The significance of this proposed legislation cannot be understated as the City Council is proposing a mandated exception to the “at will” employment doctrine, which has served as the … Continue Reading

New York City Council to Consider Expanding Earned Safe and Sick Time Act to Require “Personal Time”

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
The New York City Council is considering a bill that would expand the NYC Earned Safe and Sick Time Act (ESSTA) to provide eligible employees with “personal time” that could be used for any reason.  The bill would also expand protections and remedies applicable to all leave under the law, including sick and safe time. … Continue Reading

Reminder: New York Minimum Salary for Exemption, Minimum Wage Increasing on December 31

By Allan Bloom and Rachel Philion on Posted in Wage and Hour
As discussed in our earlier post, New York State’s annual increases for overtime exemption and minimum wage go into effect on December 31, 2018. Employers whose exempt “administrative” and “executive” employees are currently paid less than the new salary minimums must either increase those salaries to the new levels or start paying the affected employees … Continue Reading

New York Minimum Salary for Exemption, Minimum Wage to Increase on December 31

By Allan Bloom and Rachel Philion on Posted in Wage and Hour
It’s that time of year again!  New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2018.  On that date: The minimum salary for exemption as an “administrative” or “executive” employee increases from $975 per week ($50,700 annually) to $1,125 per week ($58,500 annually) for New York City … Continue Reading

New York City “Cooperative Dialogue” Law for Employees Seeking Reasonable Accommodation Takes Effect October 15

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
Supervisor and colleague discussionNew York City’s new law requiring employers to engage in a “cooperative dialogue” with employees requesting reasonable accommodation and provide a written determination at the end of the cooperative dialogue process takes effect on October 15, 2018. As we have previously reported, while the New York City Human Rights Law (NYCHRL) has long required that … Continue Reading

NYC Commission on Human Rights Issues Proposed Rules Relating to Discrimination on the Basis of Gender Identity or Expression

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
gender identityThe New York City Commission on Human Rights (the “Commission”) has issued a Notice of Public Hearing and Opportunity to Comment on proposed rules to establish certain definitions and clarify the scope of protections against discrimination with respect to gender identity or expression under the New York City Human Rights Law (“NYCHRL”).  The proposed definitions … Continue Reading

NYC Commission on Human Rights Issues Mandatory Anti-Sexual Harassment Poster and Employee Information Sheet

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
The New York City Commission on Human Rights (the “Commission”) has issued a mandatory notice posting and information sheet for distribution to employees pursuant to the recently enacted Stop Sexual Harassment in NYC Act (the “Act”). As we have previously reported, the Act, which was signed into law by Mayor Bill de Blasio on May … Continue Reading

[Podcast]: New York City Temporary Schedule Change Law

By Harris Mufson and Laura Fant on Posted in Accessibility & Accommodation, Leaves of Absences, The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the New York City Temporary Schedule Change Law that recently went to effect. This law effectively requires employers to grant employee requests for temporary schedule changes for certain medical and family care purposes, which can include caring for a minor child or for … Continue Reading

Mandatory Posting Requirement Announced for NYC Temporary Schedule Change Law

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Leaves of Absences, Workplace Policies and Procedures
Clock and calendarAs we have previously reported, effective July 18, 2018, employers in New York City are now required to grant employee requests for temporary work schedule changes when needed for certain medical and family care purposes.  Employers are required to grant such requests either twice per calendar year for up to one business day per request, … Continue Reading

Mayor de Blasio Signs Stop Sexual Harassment in NYC Act Into Law

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On May 9, 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”), which, as we previously reported, is a package of bills aimed at addressing and preventing sexual harassment in the workplace. The signing of the Act triggers the countdown to the effective dates … Continue Reading

New York City Council Passes the Stop Sexual Harassment in NYC Act

By Evandro Gigante, Laura Fant and Meika Freeman on Posted in Discrimination, Harassment and Retaliation
The New York City Council has passed the Stop Sexual Harassment in NYC Act (the “Act”), a package of bills aimed at addressing and preventing sexual harassment in the workplace. The legislation is now awaiting the signature of Mayor Bill de Blasio. As we previously discussed in an earlier post, the Act would amend the New York City … Continue Reading

NYC Council to Consider Series of Bills Aimed at Addressing Workplace Sexual Harassment

By Evandro Gigante, Laura Fant and Meika Freeman on Posted in Discrimination, Harassment and Retaliation
The New York City Council will consider a series of bills aimed at preventing and addressing workplace sexual harassment, both in the private sector and in city agencies.  The eleven bills, collectively titled the Stop Sexual Harassment in NYC Act, were jointly introduced by the Council Committee on Women and the Committee on Civil and … Continue Reading

[Podcast]: Laws Governing Background Checks for Employers

By Harris Mufson and Michelle Gyves on Posted in Hiring/Background Checks, The Proskauer Brief Podcast
In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair Credit Reporting Act (FCRA) to conduct pre-employment background checks on candidates. In addition to FCRA, we also discuss how “ban the box” and credit check … Continue Reading

UPDATE: NYC Council Passes Bill Requiring Accommodation of Temporary Schedule Changes for Certain Medical and Family Care Purposes

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation
Clock and calendarThe New York City Council has passed a bill that will require employers to grant requests for temporary work schedule changes when needed for certain medical and family care purposes.  UPDATE: The bill became law on January 19, 2018 after Mayor Bill de Blasio neither signed nor vetoed it.  It takes effect on July 18, … Continue Reading

NYC Council Passes Bill to Expand Coverage Under the Earned Sick Time Act

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
Leave of absence formThe New York City Council has passed a bill that would amend the NYC Earned Sick Time Act (“ESTA”) to expand the covered reasons for leave to include situations where an employee or an employee’s family member is a victim of domestic violence, sexual offenses, stalking or human trafficking. The bill would also expand the … Continue Reading

UPDATED: New York City Commission on Human Rights Publishes FAQ Guidance on NYC Salary History Law

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
NYC Commission on Human RightsOn the heels of its recently issued fact sheets, the NYC Commission on Human Rights (the “Commission”) has published a frequently asked questions page on the New York City salary history inquiry law, which goes into effect on October 31, 2017. The FAQs address a number of details about the law, which restricts the ability … Continue Reading

Fact Sheets for Employers and Applicants Issued on NYC Salary History Inquiry Law

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
NYC Commission on Human RightsAs the October 31, 2017 effective date for the New York City salary history inquiry law fast approaches, the NYC Commission on Human Rights (the “Commission”) has issued two new fact sheets addressing applicants’ rights, and employer responsibilities, under the new law.  The first fact sheet is addressed to job applicants, while the second fact … Continue Reading

NYC Human Rights Law Amended to Prohibit Discrimination Against Uniformed Servicemembers and Veterans

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
Military Servicemember and American FlagNYC Mayor Bill de Blasio has signed into law an amendment to the New York City Human Rights Law (NYCHRL) adding current or prior service in the uniformed services as a protected class under the law.  The amendment will take effect on November 19, 2017. As we previously reported, the bill gives veterans and active … Continue Reading

New Rules Implementing the NYC Freelance Isn’t Free Act To Become Effective on July 24, 2017

By Allan Bloom and Laura Fant on Posted in Independent Contractor
As we previously reported, in November 2016, NYC Mayor De Blasio signed into law the Freelance Isn’t Free Act, establishing protections for freelance workers, including the right to receive a written contract for work valued at $800 or more, the right to be paid timely and in full, and the right to be free from … Continue Reading

NYC Mayor Signs Into Law Suite of Retail and Fast Food Employee Protections

By Allan Bloom, Laura Fant and Dana N. Berber on Posted in Wage and Hour
On May 30, 2017, New York City Mayor Bill de Blasio signed a bill package into law that will impose new restrictions on retail and fast food employers with regard to employee scheduling, hiring, and pay practices. The laws take effect on November 26, 2017. The “Fair Workweek” bills address issues including more predictable working schedules, … Continue Reading

[Podcast] The Proskauer Brief: New York City’s New Salary History Law

By Laura Fant and Harris Mufson on Posted in Hiring/Background Checks, The Proskauer Brief Podcast, Wage and Hour, Workplace Policies and Procedures
In the inaugural “The Proskauer Brief” podcast episode, senior counsel Harris Mufson and associate Laura Fant discuss New York City’s new salary history law, noting that employers should be actively taking steps to prepare for October 31, 2017, when the law will go into effect. This law will place significant restrictions on the ability of employers to … Continue Reading

Mayor Signs Into Law New York City Bill Restricting Employer Inquiries Into Applicants’ Salary History

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
New York City Mayor Bill de Blasio has signed into law a bill that will make it unlawful for employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception.  The law will take effect on October 31, 2017. As we previously reported, the law prohibits employers, employment … Continue Reading

New York City Council Approves Bill Restricting Employer Inquiries Into Applicants’ Salary History

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
The New York City Council has approved a bill that would make it unlawful for employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception.  The bill now goes before Mayor Bill de Blasio and, if signed, will become effective 180 days following signature. As we previously … Continue Reading
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