Archives: New York

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UPDATE: The Second Circuit Finds Title VII Protects Against Sexual Orientation Discrimination

Photo of Amanda Van Hoose GarofaloBy Amanda Van Hoose Garofalo on Posted in Discrimination, New York
As we discussed in our May 22, 2017 blog post, the Second Circuit agreed to hold an en banc hearing to determine whether an estate for a gay man, who alleged he was terminated as a result of a customer complaint related to his sexual orientation, may revive its previously dismissed case against the deceased’s … Continue Reading

Predictable Schedules – A Right, Not a Privilege, in NYC Fast Food and Retail Industries

Photo of Fanny FerdmanBy Fanny Ferdman on Posted in New York, Restaurants, Retail
Earlier this year, New York City signed into law the “Fair Work Week” legislative package, which aspires to ensure more predictable schedules and paychecks for fast food and retail workers by setting restrictions on how and when their employers can schedule them for work. Those restrictions take effect on November 26th, which will be here … Continue Reading

Update Regarding New York’s Paid Family Leave Law (Effective Jan. 1, 2018)

Photo of Amy J. TraubPhoto of Saima SheikhBy Amy J. Traub and Saima Sheikh on Posted in Leave of Absence, New York
As we reported previously 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 with eight full weeks of paid family leave, funded exclusively through employee payroll deductions. The benefit amount and length of the … Continue Reading

New York District Court Holds That Title VII Protects Against Sexual Orientation Discrimination

Photo of Saima SheikhPhoto of Amanda Van Hoose GarofaloBy Saima Sheikh and Amanda Van Hoose Garofalo on Posted in Discrimination, New York
UPDATE:  On May 22, 2017, in Melissa Zarda et al. v. Altitude Express d/b/a Skydive Long Island et al., the Second Circuit agreed to hold an en banc hearing to determine whether an estate for a gay man, who alleged he was terminated as a result of a customer complaint related to his sexual orientation, … Continue Reading

New York Appellate Court Declines to Enforce Noncompetes Against Employees Terminated Without Cause

Photo of Saima SheikhBy Saima Sheikh on Posted in New York
A recent decision by the New York Supreme Court, Appellate Division for the First Department, Buchanan Capital Markets, LLC v. DeLucca, 144 A.D.3d 508 (1st Dep’t. 2016), suggests that noncompetition restrictions against employees who have been terminated without cause are unenforceable.  The court stated that “covenants not to compete in employment agreements … are not … Continue Reading

Pregnancy Protections Under NYC Law – Not Limited to Just “Pregnancy”

Photo of Fanny FerdmanBy Fanny Ferdman on Posted in New York
As most NYC employers have probably heard by now, in May of this year, New York City released guidance that defines violations of pregnancy protections under the NYC Human Rights Law, and provides clear(er) examples of when and how employers should make accommodations for employees based on pregnancy, childbirth or a related medical condition. The … Continue Reading

Just When Employers Got Used to Earned Sick Time Act, NYC Publishes Final Amended Sick Time Rules With Additional Requirements

Photo of Fanny FerdmanBy Fanny Ferdman on Posted in New York
That’s right. Just when many employers started getting used to New York City’s Earned Sick Time Act (“ESTA”), New York City went ahead and adopted the final amended Earned Sick Time Act Rules (“Final Amended ESTA Rules”). The Final Amended ESTA Rules are effective March 4, 2016, and attempt to clarify parts of ESTA (which … Continue Reading

New York: Women’s Equality Act Legislation

Photo of Amy J. TraubBy Amy J. Traub and Yalda Haery on Posted in New York
In 2013, Governor Cuomo proposed multiple pieces of legislation, dubbed the Women’s Equality Act (“WEA”), to protect and further women’s equality in New York state. The legislation has been signed and became effective last week. For employers, the new legislation addresses key employment issues and will undoubtedly require employers to revisit their policies and practices. … Continue Reading

New York City Fair Chance Act

Photo of Amy J. TraubBy Amy J. Traub and Yalda Haery on Posted in New York
New York City’s Fair Chance Act took effect last week, amending the New York City Human Rights Law by prohibiting covered employers from asking about criminal history until after a conditional offer of employment has been extended. While it has always been a requirement that NYC employers first consider a set of eight specific factors before … Continue Reading

Rochester, NY Approves Ban-the-Box Legislation

Photo of Amy J. TraubBy Amy J. Traub on Posted in New York
Rochester, New York joins many other cities and states in “banning the box,” prohibiting most employers (with limited exceptions) from inquiring about an applicant’s criminal history, including on an application, before the candidate is interviewed, or if no interview is to take place, before a conditional offer of employment is made.  Nearby cities such as … Continue Reading

Anti-Discrimination Laws Going “Intern”-ational? New York City Extends Its Human Rights Law to Unpaid Interns

Photo of Pat MuldowneyBy Pat Muldowney on Posted in Discrimination, New York
As we reported last October, a federal court in New York found that an unpaid intern could not bring a hostile work environment sexual harassment claim pursuant to the New York City Human Rights Law (“NYCHRL”).  (Wang v. Phoenix Satellite Television US, Inc., Case No. 1:13-cv-00218-PKC (S.D.N.Y. 2013).  On March 26, however, the New York … Continue Reading

New York City Earned Sick Time Act Notice of Employee Rights Has Finally Been Published

Photo of Fanny FerdmanBy Fanny Ferdman and Laura Scully on Posted in ESTA, Leave of Absence, New York
As most New York City employers know by now, the New York City Earned Sick Time Act (“Act”) is scheduled to go into effect on April 1, 2014.  While the Act was adopted in the summer of 2013, it was subsequently amended after Mayor Bill DeBlasio entered office in 2014.  Employers should accordingly ensure that … Continue Reading

Are You Riding the Wave? Cities and States Pass New Paid Leave Statutes

Photo of Anat MaytalBy Anat Maytal on Posted in ESTA, Leave of Absence, New Jersey, New York
With this new year comes new resolutions and the implementation of new bills involving leave.  The Family and Medical Leave Act and similar state laws give covered employees the right to take leave for addressing certain health conditions, caretaking, or parenting, but that leave is unpaid.  Various states and cities have taken the initiative to … Continue Reading

Pregnant Employees Become the Subject of Heightened Attention and New Legislation

By Jeanine Conley and Laura Scully on Posted in Discrimination, EEOC, New Jersey, New York, Reasonable Accommodation
Over the past decade, the number of claims pregnant workers have filed with the Equal Employment Opportunity Commission (“EEOC”) has risen by almost 50 percent, according to the National Women’s Law Center (“NWLC”).  Most of these workers assert that their employers denied them reasonable accommodations, such as bathroom breaks, periodic rest breaks, breaks to facilitate … Continue Reading

Employers Under Continued Fire from Government Agencies and Legislature for Workplace Misclassification

Photo of Amy J. TraubBy Jeanine Conley and Amy J. Traub on Posted in Department of Labor, DOL, FLSA, Independent Contractor, New York, Wage and Hour
New York has just become the 15th state to formally align its efforts with those of the United States Department of Labor (“DOL”) to crack down on the misclassification of employees as “independent contractors.”  New York joins 14 other states (including California, Connecticut, Massachusetts, and Washington) that have partnered with the DOL to “root out bad … Continue Reading

Times, They Are A-Changing: Employers No Longer Permitted to Delay or Fail to Return NY Unemployment Insurance Requests – Penalties Now Imposed

Photo of Amy J. TraubBy Amy J. Traub and Mackenna Mosier on Posted in Department of Labor, New York
Last month, the New York State Department of Labor (DOL) rather quietly effected legislation that had previously been signed by Governor Andrew Cuomo on March 29, 2013, reforming New York unemployment insurance law effective October 1, 2013.  Many companies are just now beginning to receive a letter that looks this. The reform was enacted to … Continue Reading

Certain Deductions Allowed Under New York Labor Law, But Employers Beware

Photo of Amy J. TraubBy Amy J. Traub and Laura Scully on Posted in New York, Wage and Hour
The New York State Department of Labor (“NYSDOL”) issued final regulations last week governing how employers may make certain types of deductions from employee wages authorized under the New York Labor Law.  For years, there were very few exceptions to the Law’s general prohibition on wage deductions.  This changed last year, when the New York … Continue Reading

Interns and Anti-Discrimination Laws: Is Wang Employers’ High-Water Mark?

Photo of Pat MuldowneyBy Pat Muldowney on Posted in Harassment, New York, Retaliation
So you may have heard — a federal court in New York has dismissed an unpaid intern’s hostile work environment sexual harassment claim against a media company pursuant to the New York City Human Rights Law (“NYCHRL”).  (Wang v. Phoenix Satellite Television US, Inc., Case No. 1:13-cv-00218-PKC (S.D.N.Y. 2013).)  In granting the defendant’s motion to dismiss the plaintiff’s … Continue Reading

Staffing Agency Employee May Sue Multiple Employers for Wrongful Discharge, Federal Court Rules

Photo of Todd LebowitzBy Todd Lebowitz on Posted in Discrimination, New York, Staffing Agency
Whose employee is it anyway? The answer may be everyone’s. Companies who use staffing agencies to supply workers may be considered joint employers of those workers, even if the staffing agency hires and pays the workers.  Both companies may be held liable for retaliation and wrongful termination, a federal court in New York has just … Continue Reading

Legal Protections for Victims of Domestic Violence on the Rise

By Ana Salper on Posted in Leave of Absence, New Jersey, New York
New Jersey and New York have joined a growing trend of states that have recently passed or are seeking to pass laws affording greater protections for victims of domestic violence.  As the national movement focused on strengthening protections for victims of domestic or dating violence grows, so too do employer obligations to provide time off … Continue Reading
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