Q: What is New York’s Adult Survivors Act?

On May 24, New York State enacted the Adult Survivors Act, which provides a one-year “revival window,” commencing on November 24, 2022, for adult victims of sexual abuse. Enactment of such “revival statutes” (a/k/a revival window or lookback period statutes) is the latest trend for #MeToo era legislatures grappling with shifting societal views of limitations periods for sexual abuse claims. Although the parameters of revival statutes can differ, essentially, they provide a limited period, usually at least one year, for sexual abuse victims to file civil claims that would otherwise be time-barred. Often these statutes also include prospective enlargements of civil and criminal limitations periods or otherwise expand the scope of potential liability going forward. In recent years, nearly half of U.S. state legislatures have passed laws opening revival windows for sexual abuse cases.

Continue Reading Widespread “Revival Statutes” Forcing Employers to Take Stock of Past Practices and Prepare for a Barrage of Sexual Misconduct Litigation: New York Becomes the Latest State to Enact Revival Legislation for Adult Victims

Q: I heard that New York City recently amended the salary transparency law. What are the key aspects of the amendment and when does it go into effect?

A: As discussed in our previous post, an upcoming law requires New York City employers to include salary bands in job advertisements or postings. Employers must include the minimum and maximum salary or hourly rate for the position, and the requirement applies to both internal and external postings.

Continue Reading NYC Amends Upcoming Salary Transparency Law and Releases Key Guidance

Q: What do employers need to know about state and local pay transparency and salary equity laws?

A: Pay equity has been a hot topic for employers over the last few years and it continues to make headlines. Today, March 8, is International Women’s Day and March 15 marks this year’s “Equal Pay Day” – a date meant to symbolize how far into the year women must work to earn what men earned in the previous year.

Continue Reading Pay Transparency and Salary Equity Laws: Coming to a State Near You?

Q. As a New York employer, what do I need to know about the amendments to New York’s Labor Law regarding whistleblowers?

A. Effective January 26, New York State enacted legislation significantly expanding whistleblower protections under Section 740 of the New York Labor Law. In passing this law, New York has become one of the most pro-employee whistleblower jurisdictions in the country. The amendments expand the scope of individuals protected, the definition of protected activity, the types of employment-related actions that constitute retaliation, the available remedies for aggrieved employees, and the notice requirements for employers.

Continue Reading New York Expands Whistleblower Protections Under Section 740 of the Labor Law

Q: Has New York City provided any additional details on the employer vaccination mandate?

A: As we previously discussed, effective December 27, all private employers in New York City will be required to implement a vaccine mandate for their employees. The policy must provide that all employees who work in-person in a workplace with other co-workers are required to have at least one dose by December 27.

Employers must complete an Affirmation of Compliance with Workplace Vaccination Requirements (available here) and post the completed affirmation in a public place.
Continue Reading NYC Releases Guidance on December 27 Vaccination Mandate

Q: I heard New York City just announced an employer vaccination mandate. What do I need to know?

A: On December 6, Mayor Bill de Blasio announced that effective December 27, all private employers in New York City will be required to implement a vaccine mandate for their employees. Employers will be required to implement a policy under which all employees who work in-person in a workplace with other co-workers are required to have at least one dose by December 27. Although many details have not yet been announced, based on Mayor de Blasio’s comments thus far, no alternate testing option is expected. The mandate is expected to affect approximately 184,000 businesses in New York City.
Continue Reading NYC Implements Employer Vaccination Mandate Effective December 27

Q: I understand the NY DOL recently released model plans for the NY HERO Act. What do employers need to do to comply?

A: The New York Health and Essential Rights Act (NY HERO Act or Act) requires employers to implement workplace health and safety measures to protect employees during a future airborne infectious disease outbreak. The Act applies to all private employers and to all worksites.

Continue Reading New York DOL Releases Model Plans Under HERO Act

This article was originally published by the EACCNY. It is republished here with permission.

Authors
Jessica Rothenberg, Associate, Troutman Pepper
Dr. Tobias Polloczek, Partner, CMS Hasche Sigle
Dr. Justus Redeker, Partner, CMS Hasche Sigle

As COVID-19 vaccination roll-outs become more widespread in the United States and the European Union, employers should proactively consider the impact of vaccinations on return to work policies and practices. The extent to which employers are allowed to dictate vaccination policies varies by country, and the practical approaches employers are taking also varies by country. This article discusses key aspects of the legal landscape for workplace vaccination policies in the U.S. and the EU,[1] as well as important practical considerations. For more details on the legal situation regarding vaccination and testing in the individual EU member states, please also see the recently published “CMS Expert Guide to Vaccination and Testing for Employers.”
Continue Reading COVID-19 Vaccination in the EU and the U.S.: The Employer Perspective

Q: I understand the New York Department of Labor recently released guidance interpreting the New York State Sick Leave Law. What are the key takeaways? Did the guidance answer the questions left open by the legislation?

A: As discussed in our previous post, the New York Sick Leave Law (NYSLL) went into effect on September 30 for accrual purposes, and employees may start using the sick leave on January 1, 2021. The New York Department of Labor recently issued general guidance on its website, and also issued an FAQ document (referred to together as “guidance” for purposes of this post).

Despite the volume of material released, the guidance does not clearly address most of the key questions left open by the NYSLL.  Instead, the guidance focuses on topics already covered in the text of the law (e.g., the definition of family member) and on relatively straightforward questions, such as whether an individual may use sick leave for routine dentist and eye doctor appointments (which is allowed because those are considered preventative medical care).

Continue Reading New York Releases Guidance on Paid Sick Leave; Key Questions Remain Unanswered