As of August 12, 2020, the limitations period for asserting a claim of sexual harassment under the NYSHRL is expanded from one year to three. Under New York Labor Law of 2020, an employer who employs more than 10 employees must pay first $40 of the employees regular daily wages for the first 3 days of jury service. Skip to content . Consequently, employers must pay particular attention as year-end approaches to ensure that those positions they intend to keep exempt, remain exempt. As we previously reported, all New York State employers are prohibited from inquiring about a job applicant’s (or current employee’s) salary or wage history when interviewing, hiring, promoting or making employment decisions. Employers are strictly prohibited from including any salary history questions on a job application, even if those questions are marked “optional.”. New York State also saw an increase on December 31, 2019, which brought the minimum wage for … With layoffs becoming increasingly common, New York City employment attorneys are seeing that more and more workers are being asked to sign severance agreements as they are shown the door. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. Some new laws make significant changes while others make smaller changes to existing law. We highlighted this legislation in our previous client alerts (available here and here). We discussed that development in a pair of previous client alerts (available here and here). Labor Law. Menu Home About Services Contact Search. New York Labor & Employment Law Blog. New York City passes key amendments to paid safe and sick leave law By Mark S. Goldstein and Leora Grushka on 19 October 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations. New York City Mayor Bill DeBlasio has signed legislation extending the effective period of certain legal protections designed to support the City's. The New HR Rules: Employment law updates for 2020. On July 10, 2019, New York state expanded on the New York City law by prohibiting employers from requesting such information of applicants or employees. This legislation goes into effect on January 6, 2020. ICLG - Employment & Labour Laws and Regulations - covers common issues in employment and labour laws and regulations – terms and conditions of employment, employee representation and industrial relations, discrimination, maternity and family leave rights and business sales – in 51 jurisdictions In the absence of such language, NDAs will be void and unenforceable to the extent they prevent disclosure of factual information related to any future claims of discrimination. Some exceptions to the law include certain: Additionally, the law will not bind employers who are a party to a collective bargaining agreement that "specifically addresses" the drug testing of applicants, but only as to those employees. This is the big one. As of February 8, 2020, the definition of an “employer” under the NYSHRL is expanded from New York employers with four or more employees to include an employer of any size. New York City amended its Human Rights Law (NYCHRL) to prohibit inquiries into applicants’ salary histories during the hiring process. Do not consider this as a final interpretation of the law. There are different hourly rates for workers in the fast food industry and those who receive tips. New York State and New York City Minimum Wage Increases. 1396-A, that would fundamentally alter the employer-employee relationship for fast food employers in New York City.These two bills will now move to the full City Council for a vote scheduled for Thursday, December 17, 2020. The selection feature during registration helps in increasing the relevance of the content of the emails. In my prior post I wrote about a few of the new laws (click here to view), but now that the legislative year is closed, I wanted to cover five additional key employment laws that California employers need to understand and be aware of going into 2020: Rely on an applicant’s wage or salary history in determining whether to offer employment to that individual or in determining that individual’s wages or salary; Request or require wage or salary history from an applicant or current employee as a condition to be interviewed, or as a condition of continuing to be considered for an offer of employment, or as a condition of employment or promotion; Request or require the wage or salary history of an applicant or current employee from a current or former employer, current or former employee, or agent of the applicant or current employee's current or former employer; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee based upon prior wage or salary history; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee because such applicant or current employee did not provide wage or salary history in accordance with the law; or. In New York City, it is now $15.00 per hour for all size businesses. HIPAA May Apply to Employer COVID-19 Testing Programs, California Court Bans Cannabis Billboard Advertising on All Highways That Cross State Line, California's 2021 Minimum Wage Increase to Impact Exempt and Nonexempt Employees. New York law allows a number of exceptions to the state’s at-will employment doctrine. It surprises many workers to know that New York labor laws about breaks do not require employers to provide any short rest or coffee breaks at any point during a worker's shift. Terminating workers under these exceptions could afford employees the right to take legal action. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. Marijuana Testing in Employment As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. Read the details about which employers are covered by this legislation, what actions are prohibited, exceptions, and enforcement. Employment Law Handbook has free detailed information for all categories. The salary threshold is the minimum salary employers can pay workers classified as exempt pursuant to the administrative and executive exemptions under New York state law. Ellen Bardash | December 17, 2020. On Tuesday, December 15, 2020, the New York City Council's Committee on Civil Service and Labor voted to approve two bills, Proposed Int. On September 30, 2020, section 196-b of the New York State Labor Law went into effect. As previously summarized, Westchester County has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave. Pursuant to the new legislation, no employer shall: Applicants and current employees may voluntarily, and without prompting, disclose or verify wage or salary history, such as for the purpose of negotiating wages or salary. Need info about New York's employment and labor laws? As of December 31, 2019, the minimum wage for New York employers is: New York has increased the minimum salary an employee must be paid in order to qualify for the administrative or executive exemption under state wage and hour law. The legislation expands the scope of the NYCHRL’s prohibitions on making pre-employment inquiries, which already preclude employers from seeking information about applicants’ criminal conviction, credit, and salary histories. Specifically, the law provides that an employer shall not “discriminate nor take any retaliatory personnel action against an employee with respect to compensation, terms, conditions or privileges of employment because of or on the basis of the employee’s … Exempt status under both exemptions is based on (1) the payment of a minimum exempt salary; and (2) whether the employee meets the duties test of the applicable exemption. We can be contacted at our office in Manhattan at (212) 227-7070, at our office in Garden City at (516) 880-8170, or via our form online to set up a meeting. Enter Search Terms. Additionally, such information cannot be used to justify paying an employee less than employees in other protected classes who are performing substantially similar work under the Equal Pay Act. New York-based firms could breathe a sigh of relief on New Year’s Day when Governor Andrew Cuomo vetoed the Securing Wages Earned Against Theft Act (SWEAT), which would have given employees the ability to place liens on their firm’s assets with respect to “wages” allegedly due to the employees. Effective May 10, 2020, it is considered an unlawful discriminatory practice in New York City for an employer, labor organization, or employment agency to require a job applicant to submit to a marijuana test as a condition of employment. For details, contact the NYS Department of Labor, Division of Labor Standards office in your area. Additionally, the final rule adjusted the highly compensated employee (HCE) total annual compensation requirement. Because New York’s salary threshold for the administrative and executive exemptions is greater than the federal threshold, New York employers must comply with the higher state threshold for those exemptions. Colorado could make our list for several reasons. 2020 New York Employment Law Update - New York Updates Wage and Hour, Discrimination and Salary History Employment Laws Matthew Damm , Daniel McCoy Fenwick & West LLP PRINT TO PDF . We summarize some of the key changes to 2020 New York employment laws, and offer some practice pointers, below. Effective May 10, 2020, New York City employers are prohibited from requiring job applicants to submit to a pre-employment drug test that screens for cannabis. Anniken Davenport. New York employers should review their recruiting, interviewing, and hiring practices, as well as their promotion and internal transfer materials, to ensure compliance with the New York State and City bans on salary history inquiries. Positions requiring supervision of children and medical patients, Positions requiring federal drug testing, and, New York City employers that conduct pre-employment tests for cannabis may continue to do so until. An employer may consider salary information disclosed by the employee voluntarily, but only if it is disclosed without prompting. As of December 31, 2019, the salary threshold is increasing significantly, as referenced in our prior advisories (here and here). We expect more cities in Colorado to follow suit. Introducing PRO ComplianceThe essential resource for in-house professionals. On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a … In … “I have found the articles in Lexology/Newsstand to be closely related to the topics I am interested in. Businesses utilizing third-party staffing agencies or professional employment organizations should confirm that those entities’ pre-employment screening practices are consistent with New York City law. While cannabis use remains illegal under federal law, and is only permitted for medical use in New York and in many other states, an increasing number of states have legalized cannabis use for off-duty recreational purposes. The COVID-19 pandemic has shut down many levels of government for varying periods of time. This poster describes new laws that mandate paid leave for employees affected by the COVID-19 / Coronavirus epidemic. As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020. Meal Period Guidelines - Section 162 of the New York State Labor Law As a result, employers may still prohibit cannabis use as a matter of policy, test current employees for cannabis use and administer discipline for violations of the employer’s drug policy. Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current or former employee because the applicant or current or former employee filed a complaint with the New York State Department of Labor alleging a violation of the law. They’re easy to understand and I appreciate that they are only as long as necessary to cover the essentials. The Fair Labor Standards Act (FLSA) is a federal labor law out of which all the other state and city laws branch out. But we’re going to focus on the local level. California has finalized all new employment laws for 2020. From car seats to natural hair, here are some of the changes going into effect in the new year. However, New York’s minimum salary threshold applies only to the administrative and executive exemptions, not the professional exemption. New York City first adopted a local paid sick leave law … Effective October 30, 2019, virtually all employees who work in Westchester County for more than 90 days in a calendar year are entitled to 40 hours of paid safe time leave under the Safe Time Leave Law (STLL). That said, employers should avoid any disciplinary action against employees who are certified medical marijuana users, as they may be considered to have a recognized disability under New York law. Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. Understand your clients’ strategies and the most pressing issues they are facing. The New York State minimum wage increased on December 31, 2019. While New York state has not yet provided guidance as to how employers can confirm this information, the New York City Commission on Human Rights has stated that employers may request a prospective employee’s W-2 form to verify representations made about salary history if the applicant, voluntarily and without prompting, offers information about salary history. Register to Access. Effective January 7, 2020, New York employers are now prohibited from discriminating or retaliating against employees (or employees’ dependents) based on reproductive health decision-making. Click to read more. For example, employers should review their materials and remove any questions that expressly or impliedly “require” applicants and current employees to reveal prior compensation information. This section contains general information on the provisions of the laws governing the employment of minors in New York State. Effective May 10, 2020, most employers in New York City will no longer be allowed to require applicants submit to a pre-employment test for cannabis. Become your target audience’s go-to resource for today’s hottest topics. No. New York City passes key amendments to paid safe and sick leave law. New N.Y. Employment Laws in 2020. The term “applicant” expressly includes part-time, seasonal and temporary workers. Employers may ask job applicants for their salary expectations for the open position. This chart reflects the new salary thresholds, effective December 31, 2019: As described in our previous advisories (available here and here), the U.S. Department of Labor (DOL) publicized its final rule raising the salary threshold for the executive, administrative, and professional (EAP) exemptions under the FLSA to $35,568 per year, or $684 per week. Close. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices accordingly. Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. Thus, employers may still prohibit cannabis use at work, conduct reasonable suspicion testing of current employees and testing that arises out of an accident involving a current employee, and discipline employees for working while impaired. On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill.This legislation, once effective, will overhaul New York’s antidiscrimination laws and uproot precedent that employers have relied upon for decades in defending harassment claims. New York state uses the FLSA as a starting point and offers some additional protections to specific groups of workers, as we will outline in this post. NEW YORK STATE (WSYR-TV) — With a new year comes new laws, and a few of the laws set to go in place will affect a lot of people in 2020. If you have questions, please review our minimum wage information page. Effective Jan. 6, 2020, New York has a new state law that prohibits all employers in the state from asking job applicants and employees about their past salaries or wages. The prohibition on inquiring into salary history also includes inquiries into benefits and other forms of compensation the employee or applicant received from prior employers. Notably, the ban applies only to applicants for employment. We emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. And, effective August 12, 2020, the statute of limitations for reporting claims of sexual harassment to … November 18, 2019. That means you can’t rely on an applicant’s wage or salary history in determining whether to offer employment to that individual or in determining that individual’s wages. 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