New York Employment Beat

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In early December 2021, then-Mayor Bill de Blasio announced that all private sector employers in New York City would need to adopt a mandatory COVID-19 vaccination policy for their workers. This meant that all private sector employees in New York City needed to be vaccinated against COVID-19 in order to perform in-person services within the…

As we previously reported, the New York State Senate recently passed a handful of significant employment-related bills. On March 16, Governor Kathy Hochul signed several of the bills into law.

Perhaps most notably, Senate Bill S.5870 bars employers from disclosing an employee’s personnel files because the of the employee’s participation in a workplace complaint…

On March 1, 2022, the New York State Senate passed a suite of landmark employment legislation. Though several of the bills still need to be passed by the State Assembly – and, of course, ultimately signed into law by Governor Kathy Hochul – Empire State employers should nevertheless review the measures now so they will…

New York state employers, it’s time to dust off and update your employee handbooks again.  Earlier this month, Governor Andrew Cuomo signed a law that protects employees against discrimination on the basis of their reproductive health decision-making. The law, which mirrors a recent bill passed by New York City lawmakers, also requires that employers in…

Following New York City’s lead, New York state and Westchester County have each enacted laws providing additional workplace protections to victims of domestic violence. In this post, we will discuss these new laws and their impact on your business.

New York state:

Last month, Governor Cuomo signed legislation amending the state’s antidiscrimination laws with respect…

Just weeks after prohibiting employers from using credit checks, the New York City Council Wednesday passed yet another bill that handcuffs businesses attempting to vet new job applicants. Most notably, the bill, commonly referred to as the Fair Chance Act (the Act), bars employers from inquiring about a job applicant’s criminal history before extending a conditional offer of employment to the applicant. In other words, the Act “bans the box” – typically found on employment applications – that asks about a candidate’s criminal background.

The Act is an amendment to the already-liberal NYC Human Rights Law (NYCHRL) and, beyond “banning the box,” it also creates other new legal protections for current and prospective employees who have criminal histories. Pundits expect that Mayor Bill de Blasio will immediately endorse the Act – possibly in the next few days.…

Continue Reading BREAKING: NYC “Bans the Box,” Barring Most Pre-Employment Criminal Inquiries

This post was written by Cindy S. Minniti and Mark S. Goldstein.

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of recent developments affecting Empire State employers. Here’s what happened in May 2015:…

Continue Reading New York Employment Roundup: May 2015

This post was written by Cindy S. Minniti and Mark S. Goldstein.

With summer right around the corner, many high school and college students are preparing to begin unpaid internship programs at companies across the country. Such programs have long been considered a staple for U.S. businesses, as well as a valuable option for students seeking opportunities that will offer them real-world experience while opening doors in their sought-after career fields. But in recent years, these internship programs have come under intense scrutiny and fierce legal attack. Indeed, employers in a broad swath of industries have faced a veritable flood of class and collective actions challenging the legality of their unpaid internship programs.

Propelled by a continuously aggressive plaintiffs’ bar, these suits have attempted to hold companies liable under the federal Fair Labor Standards Act (FLSA) and parallel state laws under the theory that the sponsoring employers are unlawfully withholding minimum wage and overtime pay from their interns, while reaping the benefits of their “free” labor. Victory for the intern-plaintiffs in these suits means not only back pay with interest, but also hefty attorneys’ fees. Indeed, these suits have become so costly to defend that several high-profile companies have elected to discontinue their internship programs altogether.

So, with intern “season” upon us, let’s review whether your company’s internship program is compliant with applicable wage and hour laws, and, if not, what you can do to bring the program into compliance..…

Continue Reading Arrival of Intern Season Means Prep Work For Employers is Key

This post was written by Cindy S. Minniti and Mark S. Goldstein.

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of recent developments affecting Empire State employers. Here’s what happened in March and April 2015:

Minimum Wage Hike Suffers a Setback

New York lawmakers recently dealt a significant, but not necessarily fatal, blow to Gov. Cuomo’s plan to raise the minimum wage to $10.50 per hour (and to $11.50 in NYC). In late March, state legislators surprisingly omitted the proposed wage hike from the state’s upcoming annual budget. The debate over whether to yet again raise the state’s minimum wage – which is already slated to increase to $9.00/hour on December 31, 2015 – is now left to unfold in the State Assembly and Senate over the next six weeks, until the 2015 legislative session ends on June 17.

State Assembly Passes “Family Care” Leave Bill

On March 17, the State Assembly passed a bill that would provide up to 12 weeks of partially paid “family care” leave to employees statewide. Under the bill, employees would be able to take a leave of absence, and receive up to one-half of their regular wages: (i) to participate in providing care for a family member’s serious health condition; (ii) to bond with a newly born or newly adopted child; or (iii) because of any qualifying exigency, as interpreted under the Family and Medical Leave Act (FMLA), arising out of the active duty of certain family members. Like FMLA leave, the proposed state family care leave law would allow employees to take family care leave on an intermittent or reduced schedule basis.

The family care leave bill is now under consideration by the Republican-controlled Senate, which earlier this year recommended its own family leave law. That proposal would have provided employees with up to six weeks of leave, with partial pay, for certain qualifying exigencies, but would have required the state to fund the program, at least in the first year. Passage of a family care leave bill – in any form – is hardly a certainty and will likely take a backseat to other initiatives that Gov. Cuomo is supporting, such as the minimum wage increase and the Women’s Equality Act.…

Continue Reading New York Employment Roundup: March & April 2015

This post was written by Cindy S. Minniti and Mark S. Goldstein.

New York City employers who routinely use credit checks as part of the pre-employment process may be in for a rude awakening. Earlier today, the NYC Council passed legislation that bars most employers with four or more employees, as well as employment…