New York Archives - Ogletree Deakins

New York’s Highest Court Upholds 13-Hour Rule for Payment of Live-in Home Health Aides

In two recent companion cases, Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc., the New York Court of Appeals upheld the New York State Department of Labor’s (NYSDOL) 13-hour rule for the payment of home health aides working 24-hour shifts. Under this rule, an employer may pay home health aides for only 13 hours of a 24-hour shift if the aides receive at least 3 hours of meal break time and at least 8 hours of sleep (at least 5 of which must be uninterrupted).

Robert M. Tucker New York City Author

New York City Bars Pre-employment Marijuana Testing

As we previously reported, the New York City Council recently passed a bill to prohibit most pre-employment screening for marijuana by public and private employers.

Patrick M. Collins New York City Author

Shabri Sharma New York City Author

New York City Poised to Bar Pre-employment Marijuana Testing

On April 9, 2019, the New York City Council overwhelmingly passed a bill that would prohibit most pre-employment screening for marijuana by public and private employers. The bill is supported by Mayor Bill de Blasio and would take effect one year after the mayor signs it into law.

Patrick M. Collins New York City Author

Shabri Sharma New York City Author

Earned Sick Leave in Westchester County, NY: What Employers Need to Know

Taking a page out of New York City’s book to address the estimated 36 percent of workers in Westchester County, New York, who lack paid sick leave benefits, in October 2018 the Westchester County Board of Legislators passed the Earned Sick Leave Law (ESLL).

Patrick M. Collins New York City Author

Jamie Haar New York City Author

New York Expands Employees’ Voting Leave Rights

On April 1, 2019, New York State passed its 2019‒2020 budget with an amended Election Law §3-110, which provides employees with time off to vote.

Robert M. Tucker New York City Author

The Americans with Disabilities Act Prohibits Hostile Work Environments, Second Circuit Rules

On March 6, 2019, the U.S. Court of Appeals for the Second Circuit decided Fox v. Costco Wholesale Corporation, eliminating any uncertainty concerning whether an employee can assert a hostile work environment claim under the Americans with Disabilities Act (ADA).

William C. Ruggiero Stamford Author

John G. Stretton Stamford Author

5 Takeaways From New York City’s Legislation on Lactation Room Accommodations

The New York City Council recently passed two bills addressing lactation rooms for breastfeeding mothers

Jinkal Pujara New York City Author

Simone R.D. Francis St. Thomas
New York City Author

New York Department of Labor Abandons Proposed Predictive Scheduling Rule

In November 2017, the New York State Department of Labor (NYSDOL) issued a proposed predictive scheduling rule that would have imposed various call-in pay requirements when shifts are scheduled or cancelled on short notice or when employees are on call.

Robert M. Tucker New York City Author

Daniel M. Bernstein New York City Author

Gender Expression Non-Discrimination Act (GENDA) Takes Effect in New York

On February 24, 2019, the Gender Expression Non-Discrimination Act (GENDA) became effective in the state of New York. GENDA bars discrimination, harassment, and retaliation on the basis of “gender identity or expression,” which is defined as “a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.”

Simone R.D. Francis St. Thomas
New York City Author

New York City Issues Legal Enforcement Guidance on Race Discrimination on the Basis of Hair

On February 19, 2019, the New York City Commission on Human Rights (NYCCHR) issued a sweeping and detailed legal enforcement guidance outlining new protections for New Yorkers who maintain “natural hair or hairstyles most closely associated with Black people.”

Aaron Warshaw New York City Author

Shabri Sharma New York City Author

Are You Ready? Westchester County, NY Bans the Box Effective March 4

Westchester County, New York, which is located on the outskirts of the New York City metropolitan area, has enacted a ban-the-box law that places limits on an employer’s ability to make preemployment inquiries into and statements about a job applicant’s criminal history.

Gustavo A. Suarez Greenville Author

Aaron Warshaw New York City Author

Jennifer P. Woodruff Greenville Author

New Year, New Laws: Further Guidance on Complying With New York’s Anti–Sexual Harassment Laws

New York State and New York City passed sweeping laws aimed at combating sexual harassment in the workplace last year. While many requirements of these laws already went into effect in 2018, the annual anti–sexual harassment training requirement under the Stop Sexual Harassment in New York City Act goes into effect on April 1, 2019.

Aaron Warshaw New York City Author

Simone R.D. Francis St. Thomas
New York City Author

Shabri Sharma New York City Author

State-by-State Minimum Wage Updates for 2019 and Beyond

In 2019, a number of states’ minimum wage rates will increase.

Charles E. McDonald, III Greenville Author

New York State’s Minimum Wage, Tip Credits and Salary Thresholds Will Increase on December 31, 2018

Effective December 31, 2018, the salary basis thresholds for some executive and administrative exempt employees, the minimum wage rate, and the permitted tip credits and uniform maintenance pay, among other things, will increase.

Stephanie L. Aranyos New York City Author

Shabri Sharma New York City Author

A 2019 L&E Forecast for In-House Counsel, Part II: An Issue on the Horizon for New York Employers

Effective October 9, 2018, New York State requires all employers to (i) establish a sexual harassment prevention policy and (ii) provide all employees with annual sexual harassment prevention training that must initially be completed by October 9, 2019 (i.e., one year after the law’s effective date).

Aaron Warshaw New York City Author

Racing Against the Clock: New York State Issues Final Guidance on Sexual Harassment Policies and Training

New York Governor Andrew Cuomo recently enacted an aggressive anti-sexual harassment law with stringent requirements for employers’ anti-harassment policies and training. A key component of the new law goes into effect on October 9, 2018, and requires every employer in New York State to establish a sexual harassment prevention policy.

Aaron Warshaw New York City Author

Shabri Sharma New York City Author

Jamie Haar New York City Author

“Ban The Box” Turns 20: Decoding the Current Framework

Twenty years ago, on a warm summer day, Hawaii enacted a restriction on employer inquiries into an applicant’s work history until after a conditional offer of employment. Intended to give applicants with criminal histories a fair shot at employment, the law—the first state “ban the box” law—crystalized a movement that, in time, would yield similar restrictions in 12 states and 17 localities (for private employers). The result is a crisscrossing jumble of requirements with little uniformity, putting employers in a difficult position when dealing with applicants (and sometimes even existing employees) in different jurisdictions.

Stephen R. Woods Greenville Author

Gustavo A. Suarez Greenville Author

Jennifer P. Woodruff Greenville Author

The Wait is Over: New York State Model Policy and Training, and New York City Postings Are Here

As we previously reported, New York State and New York City each recently passed aggressive laws to combat sexual harassment in the workplace.

Aaron Warshaw New York City Author

Robert M. Tucker New York City Author

Shabri Sharma New York City Author

Empire State Update: New York State’s and New York City’s Expansive New Sexual Harassment Laws

New York Governor Andrew Cuomo recently signed into law the 2018–2019 New York State budget, which includes components aimed at combating sexual harassment in the workplace that impose significant new obligations on private and public employers. The New York City Council similarly introduced the Stop Sexual Harassment in NYC Act, which is also aimed at combating sexual harassment in the workplace and imposes substantial new obligations on most employers in New York City, in addition to the new New York State laws.

Aaron Warshaw New York City Author

Shabri Sharma New York City Author

Mission Impossible? Keeping Up With Changes in New York State and New York City Employment Laws

The New York State Legislature and New York City Council have proposed, passed, and implemented significant laws governing a wide range of workplace issues at a dizzying rate. For private employers, trying to keep up with the flurry of new laws is a daunting task.

Stephanie L. Aranyos New York City Author

Westchester County, New York, Joins Albany County and New York City in Prohibiting Salary History Inquiries

On April 10, 2018, Westchester Country Executive George Latimer signed into law the Wage History Anti-Discrimination Law, which was adopted by a unanimous vote of the Westchester County Board of Legislators a day earlier. The new law will take effect 90 days following its adoption.

Simone R.D. Francis St. Thomas
New York City Author

Aaron Warshaw New York City Author

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964.

New Law Permits NYC Employees to Make Temporary Changes to Work Schedules

Effective July 18, 2018, New York City employers will be required to allow employees who have been employed for at least 120 days and who work at least 80 hours in New York City in a calendar year to make two temporary schedule changes per year for certain personal events.

Aaron Warshaw New York City Author

Shabri Sharma New York City Author

New Year, New Pay: A State-by-State Roundup of Minimum Wage Increases for 2018

In 2018, the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees. The following table summarizes the statewide minimum wage increases that have been announced for 2018, along with the related changes to the maximum tip credit permitted and minimum cash wage allowed for tipped employees.

Charles E. McDonald, III Greenville Author

New York Releases Paid Family Leave Statement of Rights and Model Policy Language

As we previously reported, the New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, requiring virtually all private employers in New York to provide paid family leave benefits to eligible employees.

Christina M. Schmid New York City Author

Aaron Warshaw New York City Author

New York State’s Minimum Wage and Tip Credits Will Increase Effective December 31, 2017

As we have previously reported, New York State’s Minimum Wage Orders set forth a schedule that provides for the automatic annual increase of, among other things, the salary basis thresholds for overtime exempt employees, the minimum wage applicable to all New York employers, and the permitted tip credits and uniform maintenance pay for New York hospitality employers.

Stephanie L. Aranyos New York City Author

Shabri Sharma New York City Author

New York’s Highest Court Establishes Lowered Threshold for Punitive Damages Under New York City Law

In Chauca v. Abraham, No. 113 (November 20, 2017), the New York State Court of Appeals clarified the standard for awarding punitive damages under the New York City Human Rights Law (NYCHRL).

Shabri Sharma New York City Author

Aaron Warshaw New York City Author

Albany County: The Newest Jurisdiction to Prohibit Salary History Inquiries

The Albany County Legislature recently amended the Human Rights Law for Albany County to join New York City, Philadelphia, Massachusetts, Delaware, Oregon, Puerto Rico, California, and San Francisco in banning inquiries into salary histories.

Shabri Sharma New York City Author

Aaron Warshaw New York City Author

New York State Department of Labor Issues Draft Regulations Restricting Call-In Pay Practices

On November 10, 2017, the New York State Department of Labor (NYSDOL) released draft regulations that would amend the rules for scheduling employees covered by the Minimum Wage Order for Miscellaneous Industries and Occupations (Miscellaneous Wage Order). Specifically, the proposed rules would revise Sections 142-2.3 and 142-3.3 of the Miscellaneous Wage Order regarding call-in pay.

Aaron Warshaw New York City Author

NYC Expands Sick Time Act to Offer Safe Time to Victims of Sexual Abuse, Stalking, and Human Trafficking

On November 6, 2017, Mayor de Blasio signed New York City Council legislation Int. 1313-2016 (also referred to as Int. 1313-A or the Earned Safe and Sick Time Act) into law, expanding the New York City Earned Sick Time Act.

Stephanie L. Aranyos New York City Author

Blog