Tag Archives: New York

COVID-19 Designated as a Highly Contagious Communicable Disease Under NY HERO Act

As we previously discussed in May and July, the New York Health and Essential Rights Act (NY HERO Act), signed into law by then-Gov. Andrew Cuomo, required employers to take numerous health and safety measures in response to the COVID-19 pandemic. On Sept. 6, 2021, Gov. Kathy Hochul announced that the commissioner of the New … Continue Reading

New NYC Law Requires Two-Step Background Checks and Expands List of Pre-Adverse Action Factors

The New York City Fair Chance Act (FCA) amendments expand protections for individuals with a criminal record and impose new obligations on employers that conduct background checks. The changes take effect July 29, 2021. The amendments require most background checks to be conducted in two steps,[1] provide “complete protection” for non-convictions and add specific FCA … Continue Reading

Update on the NY HERO Act: What the NY COVID-19 Worker Protection Law Means for Employers

On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act (NY HERO Act) into law. As discussed in an earlier BakerHostetler post, this law mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic. Pursuant to the NY HERO Act’s directives, the New York State Department … Continue Reading

Deciphering The NY Hero Act: A New NY COVID-19 Worker Protection Law

While New York announced significant easing of COVID-19 restrictions in recent days and weeks, and while the Centers for Disease Control and Prevention appears to be loosening its COVID-19-related guidelines, the state continues its efforts to protect its employees with regard to COVID-19 safety with legislation signed by Gov. Andrew Cuomo late Wednesday night. The … Continue Reading

New York Southern District Vacates Several Provisions of the DOL’s Final Rule on the FFCRA

On August 3, 2020, the Southern District of New York issued a decision vacating certain provisions of the Department of Labor’s (DOL) Final Rule on the Families First Coronavirus Response Act (FFCRA). This ruling will be difficult and problematic for many employers and will create substantial uncertainty in the workplace. The FFCRA, which was enacted … Continue Reading

Ahead of 2020 Election, New York City Issues Enforcement Guidance on National Origin and Immigration Status Discrimination

Immigration has been at the forefront of news reports and court cases recently, and has already proven to be a hot button issue for the 2020 election candidates to debate. As we move closer to the election, such political conversation may find its way into the office. If it does, employers should ensure that they … Continue Reading

New York Attorney General’s Office Reaches Another Settlement Over Non-Competes

Last week, the Office of the New York Attorney General (NYAG’s Office) reached a settlement with WeWork, a New York City-based company that provides shared “co-work” spaces nationwide and internationally – and, notably, is one of the largest office tenants in New York City – regarding its use of non-compete restrictions with its employees. Recently, … Continue Reading

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

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

New NYC Law Requires Written Agreements for Solo Contractors, Even Nannies and Babysitters!

Do you have a nanny or a housekeeper? A regular babysitter? If so, pay attention. Anyone hiring a solo independent contractor in New York City will need to comply with the Freelance Isn’t Free Act, which takes effect May 15, 2017. Anyone. Individuals included. The Act requires a written agreement for all contracts where the value … Continue Reading

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

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: Women’s Equality Act Legislation

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

2015 Wage and Hour Law Update for Hospitality Industry Employers in New York

This Employment Law Spotlight blog post highlights important changes to New York’s wage and hour laws covering private employers in the hotel and restaurant industries, not including resort hotels. These changes are already in effect and require employers to, among other things, update their employment posters and other documentation. A. Increased Minimum Wage for Non-Exempt … Continue Reading
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