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.”

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.

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.

“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.

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.

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.

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.

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.

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.

NYC Proposes Rules Implementing Fair Workweek Law: Spelling More Concerns for Retail and Fast Food Employers

As we previously reported, New York City retail and fast food employers must prepare for the Fair Workweek Law set to go into effect on November 26, 2017. On October 16, 2017 the Department of Consumer Affairs Office of Labor Policy and Standards (DCA) published much anticipated proposed rules to implement the Fair Workweek Law and provide needed guidance to covered employers.

NYC Commission on Human Rights Releases FAQs on Salary History Law in Advance of October 31 Effective Date

As we previously reported in April of 2017 and May of 2017, New York City employers may want to prepare for the New York City salary history law, which will go into effect on October 31, 2017. With limited exceptions, the law prohibits employers from asking applicants about their current or prior compensation, or relying upon salary history to determine an applicant’s compensation. In advance of the law’s effective date, the New York City Commission on Human Rights published fact sheets and answers to frequently asked questions (FAQs) to clarify the scope of the new law. The law itself will be codified under the New York City Human Rights Law (NYCHRL) at New York City Administrative Code Section 8-107(25).