Q: I heard New York prohibits employers from discriminating based on hairstyle. What does that mean?
A: In July 2019, New York State passed legislation that amended the definition of race under the New York State Human Rights Law (“NYSHRL”) to include “traits historically associated with race, including, but not limited to, hair texture and
Q: I am a New York employer. What are the key parts of the new amendments to the New York Human Rights law and when do they go into effect?
A. As we detailed in an earlier post, New York state recently passed a bill that makes numerous changes to the New York Human Rights Act (“NYHRL”). Governor Cuomo signed the bill on August 12, 2019, and most of the amendments go into effect on October 11, 2019.
Continue Reading New York Human Rights Law Amendments Effective October 12, 2019
Q: I am a New York employer. What should I know about the recent amendments to the New York Human Rights Law?
A: In June 2019, New York State approved a bill that makes numerous changes to the New York Human Rights Law (“NYHRL”), governing discrimination and harassment. Governor Cuomo has not yet signed the bill, but is expected to shortly.
As explained in more detail below, the legislation significantly increases the NYHRL’s coverage by expanding the definitions of “harassment” and “employer.” The legislation also prohibits non-disclosure clauses in any settlement agreement involving discrimination allegations. Finally, the legislation expands employers’ sexual harassment training obligations, and extends the statute of limitations for filing sexual harassment claims with the New York State Division on Human Rights to three years.
Continue Reading New York Enacts Broad Changes to New York Human Rights Law
Q: I heard New York City is banning employers from doing pre-employment drug testing for marijuana. What do I need to know?
A: Effective May 10, 2020, New York City employers are prohibited from testing prospective employees for marijuana or tetrahydrocannabinols (the active ingredient in marijuana) as a condition of employment. The law applies to all prospective employees in New York City, regardless of whether the employer is located in New York City.
Continue Reading New York City Passes Law Prohibiting Pre-Employment Marijuana Testing
Q: My company offers floating holidays to employees. Can we have a “use it or lose it” policy for unused floating holidays? Do they have to be paid out at termination? What about personal days?
A. Like many wage and hour questions, the treatment of floating holidays and personal days is governed by state law. As explained in more detail below, in most states, treatment of floating holidays and personal days is governed by the employer’s policy. However, in California, treatment is governed by state law.
Continue Reading The Importance of Clear Floating Holidays and Personal Days Policies
Q: I have employees who work in New Jersey. What do I need to know about the minimum wage increase?
A: New Jersey recently passed a law that will raise the minimum wage by increments over the next five years. The minimum wage, which currently is $8.85 per hour, will increase to $10.00 per hour on July 1, 2019. It will rise to $11.00 per hour on January 1, 2020, and will increase by one dollar each subsequent year until January 1, 2024, when it will land at $15.00. Future minimum wage increases after 2024 will be tied to inflation.
Continue Reading New Jersey Minimum Wage to Increase to $15.00 by 2024
Q: I have employees in Connecticut. What do I need to know about the new pay equity law?
A: Effective January 1, 2019, employers are not allowed to: (1) inquire (whether directly or through a third party) about a prospective employee’s wage history; or (2) prohibit employees from disclosing or discussing the amount of their wages or the wages of another employee that has been voluntarily disclosed by the other employee.
Continue Reading Connecticut Law Prohibiting Wage History Inquiries and Restrictions on Employee Wage Discussions Now in Effect
Q: I am an employer in Westchester County. What do I need to know about the new paid sick leave law? If I have employees in both Westchester County and New York City, can I have one paid sick leave policy that covers everyone?
A: Westchester County recently enacted its Earned Sick Leave Law (“ESLL”), which goes into effect on April 10, 2019. While the law is similar in many aspects to New York City’s Earned Safe and Sick Time Act (“ESSTA”), there are some important differences. Employers who want one policy to cover employees in both locations (referred to below as a “dual policy”) can opt to offer the more generous benefit. Alternatively, employers can create a policy with carve-outs that are applicable to subsets of employees (referred to below as a “carve-out policy”). As explained below, the key differences between the laws are whether the law covers safe time as a permissible use of sick leave, and the definition of family member.
Continue Reading Westchester County Paid Sick Leave Law Effective April 10, 2019
Q: I understand that employers may be required to offer reasonable accommodations to hearing-impaired applicants and employees. When are accommodations required? What kind of accommodations must employers offer?
A: The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. In the context of a job application, an accommodation is considered to be reasonable if it enables an applicant with a disability to have an equal opportunity to apply for and be considered for a job. In the context of employment, an accommodation is considered to be reasonable if it enables an employee to perform the essential functions of the position.
Continue Reading Accommodations May Be Needed for Hearing-Impaired Job Applicants and Employees
Q: I am a New York employer. How do the upcoming New York State and New York City sexual harassment requirements affect me? When is the deadline to comply?
A: New York State and New York City have new sexual harassment policy and training requirements for employers. The New York State requirements go into effect on October 9, 2018 (policy must be adopted by October 9, 2018 and training must be completed by January 1, 2019). The New York City requirements (training only) go into effect April 1, 2019. The New York State requirements apply to all employers, and the New York City requirements apply to employers with 15 or more employees in New York City.
Continue Reading New York Employers Must Comply with New Sexual Harassment Requirements, Beginning October 2018
