Tag Archives: New York

So Many NY Changes in 2022 – Employers Beware!

By Fanny Ferdman and Delores Chichi on May 2, 2022 Posted in New York

New York employers must be aware of several important changes to employment laws that have already come into effect during 2022, those that have imminent effect (with deadlines just around the corner!), and those that are currently being considered by the Legislature. In this post, we highlight some of the latest developments in employment law … Continue Reading

Blow the Whistle: NY Expands Employee Whistleblower Protections

By Saima Sheikh on February 15, 2022 Posted in Whistleblowing

The NYS DOL has issued a model notice for private employers to use to notify their employees of the expanded protections under the NYS whistleblower law that went into effect on January 26, 2022. The model notice, designated by the NYS DOL as “LS 740 (2/22),” is available here. It contains the text of the … Continue Reading

New York Issues Employer Guidance Regarding Recreational Use of Cannabis

By Saima Sheikh on November 3, 2021 Posted in MRTA, New York

Following the legalization of recreational cannabis in New York by the Marijuana Regulation and Taxation Act (MRTA) earlier this year, which we previously reported on, the New York State Department of Labor has issued guidance in the form of FAQs for employers regarding adults’ use of recreational cannabis as it relates to the workplace. Notably, … Continue Reading

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

By Justin Guilfoyle on September 9, 2021 Posted in Health & Wellness, New York

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

By Priya Amin and Todd Lebowitz on July 26, 2021 Posted in Background Checks

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

By Justin Guilfoyle on July 20, 2021 Posted in New York

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

By Fanny Ferdman on May 7, 2021 Posted in New York

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

Screening Employees for Marijuana in New York Goes Up in Smoke

By Amanda Van Hoose Garofalo on May 5, 2021 Posted in New York

Last month, Gov. Andrew Cuomo signed the Marijuana Regulation and Taxation Act (MRTA), which legalized adult (21 years of age and up) use and possession of up to three ounces of marijuana (or 24 grams of concentrated marijuana). This legalization spurs questions for employers: Are they allowed to prohibit the use of marijuana? Can they … Continue Reading

UPDATED: COVID-19 Vaccine Paid Leave Law Encourages New Yorkers to Get Vaccinated

By Fanny Ferdman on April 8, 2021 Posted in New York

This article is a revised version of our March 18, 2021 publication. Really … another new paid leave requirement from New York? Yes indeed. On Friday, March 12, 2021, Governor Cuomo signed a new law amending New York’s Labor Law and granting employees up to four hours of paid leave per COVID-19 vaccine injection. The law became … Continue Reading

COVID-19 Vaccine Paid Leave Law Encourages New Yorkers to Get Vaccinated

By Fanny Ferdman on March 18, 2021 Posted in New York

Really … another new paid leave requirement from New York? Yes indeed. On Friday, March 12, 2021, Governor Cuomo signed a new law amending New York’s Labor Law and granting employees up to four hours of paid leave per COVID-19 vaccine injection. The law became effective immediately, and the new leave entitlement is currently set … Continue Reading

NYC Earned Safe and Sick Time Amendments Effective September 30, 2020

By Saima Sheikh and Fanny Ferdman on October 2, 2020 Posted in New York

On September 28, 2020, New York City Mayor Bill de Blasio signed into law a bill (Intro. 2032-A (Cohen)) amending the New York City Earned Safe and Sick Time Act (ESSTA) to align it with the New York State Sick Leave Law (NYSSLL), which went into effect on September 30, 2020. For more information about … Continue Reading

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

By Priya Amin on August 10, 2020 Posted in New York

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

New York Passes Statewide Paid Sick Leave Law

By Fanny Ferdman and Saima Sheikh on April 9, 2020 Posted in New York

Just weeks after New York state implemented an Emergency COVID-19 Paid Sick Leave Law, late last week, New York state passed a statewide paid sick leave (State PSL) law as part of its fiscal year 2020-2021 budget. The new law, which adds Section 196-b to the New York Labor Law, requires all New York state … Continue Reading

New York State Passes Statewide Paid Sick Leave Related to COVID-19

By Saima Sheikh and Amy J. Traub on March 19, 2020 Posted in New York

Last night, Governor Andrew Cuomo of New York signed a bill into law that provides statewide paid sick leave related to the COVID-19 pandemic to employees in order “to address the immediate need of employees affected by COVID-19 who are subject to mandatory or precautionary orders of quarantine or isolation” issued by New York state, … Continue Reading

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

By Amanda Van Hoose Garofalo and Marc-Joseph Gansah on October 21, 2019 Posted in Discrimination, Immigration, New York

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

By Saima Sheikh on September 25, 2018 Posted in New York, Non-Compete

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

By Amanda Van Hoose Garofalo on February 27, 2018 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

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

By Todd Lebowitz on May 19, 2017 Posted in Independent Contractor

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

By Saima Sheikh and Amanda Van Hoose Garofalo on May 16, 2017 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

Employers Will No Longer Be Permitted to Ask About Previous Pay in New York City

By Amanda Van Hoose Garofalo and Amy J. Traub on April 16, 2017 Posted in New York

On Wednesday, April 12, 2017, the New York City Council passed a law amending the New York City Human Rights Law (NYCHRL) to add a protective class – salary history. The NYCHRL applies to all employers with four or more employees. The amendment prohibits employers in New York City from asking about or using a … Continue Reading

New Year, New Minimum Wage (Orders) in New York

By Amy J. Traub and Amanda Van Hoose Garofalo on January 3, 2017 Posted in Wage and Hour

As most employers are likely aware, effective Dec. 31, 2016, new minimum wages went into effect in New York. The rates vary for employers, depending on size and location. For those who may have missed this change, the new minimum wages are listed in the table below. Additionally, New York employers may or may not … Continue Reading

New York: Women’s Equality Act Legislation

By Amy J. Traub and Yalda Haery on January 28, 2016 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

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

By Adam Seldon on February 11, 2015 Posted in Wage and Hour

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