As we previously reported, the New York State Senate and Assembly recently passed Senate Bill 5248A and Senate Bill 6549. Governor Andrew Cuomo signed both bills, and both became law on July 10, 2019.
Continuing the trend of substantial and expansive legislative changes in employment law, the New York State Senate and Assembly have passed Senate Bill 5248A and Senate Bill 6549. The first bill, S5248A, will prohibit wage differentials based on any protected class and will take effect 90 days after being signed by Governor Andrew Cuomo. The second, S6549, will prohibit private sector employers from asking for wage or salary history as a requirement for a job interview, job application, job offer, or promotion and will take effect 180 days after being signed by Governor Cuomo. The governor is expected to sign the bills into law.
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.
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.”
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.
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.
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.
As we previously reported, New York State and New York City each recently passed aggressive laws to combat sexual harassment in the workplace.
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.
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.
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.
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).
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.
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).
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.
On June 21, 2017, the New York State Assembly advanced Assembly Bill A2040C, which would restrict an employer’s ability to ask job applicants about their salary histories. If passed, the legislation would amend the New York Labor Law and apply to all New York State employers, including all public and private employers.
As we previously reported, the New York City Council recently passed a bill restricting an employer’s ability to ask job applicants about their salary, benefits, or other compensation history during the hiring process.
In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and inappropriate,” did not exceed the National Labor Relations Act’s (NLRA) protection. The court cautioned, however, that the claimant’s conduct sits at the “outer-bounds of protected, union-related comments.”
On April 5, 2017, the New York City Council passed Intro No. 1253-2016 restricting an employer’s ability to ask job applicants about their salary, benefits, or other compensation history during the hiring process. The legislation amends the New York City Human Rights Law (HRL) and applies to private employers in New York City with four or more employees.
As we previously reported, the New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, and will require virtually all private employers in New York to provide paid family leave benefits to eligible employees. (Public employers are not required to participate, but may opt in to the program.)
As New York employers prepare for the December 1, 2016, implementation of the revised Fair Labor Standards Act (FLSA) overtime regulations, they should be aware of proposed regulations by the New York State Department of Labor (NYSDOL) relating to the New York State Labor Law. On October 19, 2016, the NYSDOL submitted a proposal to amend various provisions of the existing minimum wage orders. Notably, under the proposal, the salary levels for some executive and administrative exempt employees would likely exceed the FLSA levels starting in 2018. In addition, the proposed amendments would significantly alter the permitted tip credits for New York hospitality employers (i.e., restaurants and hotels).