On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a … 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. From car seats to natural hair, here are some of the changes going into effect in the new year. 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 These legal obligations are spelled out in New York’s Election Law and are summarized below. 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. 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. On Tuesday, December 15, 2020, the New York City Council's Committee on Civil Service and Labor voted to approve two bills, Proposed Int. Click to read more. 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. The seasoned New York employment discrimination attorneys of Gerstman Schwartz LLP are adept at helping employees pursue justice via civil lawsuits, and if you retain our services, we will work diligently to help you seek a fair outcome. The changes in salary threshold for administrative and executive exemptions depend on both the location of the employer and the number of employees. Close. 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. 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. In 2019, we reported on scores of new laws that took effect last summer. New York City Human Rights Law Effective January 11, 2020, the City law will apply to independent contractors. 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. Potential remedies also include injunctive relief and attorneys’ fees. The Fair Labor Standards Act (FLSA) is a federal labor law out of which all the other state and city laws branch out. Effective February 8, 2020: Employers are strictly prohibited from including any salary history questions on a job application, even if those questions are marked “optional.”. The Bureau of Public Work administers the following articles of the New York State Labor Law: Article 8 (Public Work) Article 8-A (Grade Crossing Elimination Work) Article 9 (Prevailing Wage for Building Service Employees) The NYS Labor Law is posted on the NYS Legislative website. We expect more cities in Colorado to follow suit. California has finalized all new employment laws for 2020. 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. New York City first adopted a local paid sick leave law … 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. Enter Search Terms. Need info about New York's employment and labor laws? We summarize some of the key changes to 2020 New York employment laws, and offer some practice pointers, below. Read the details about which employers are covered by this legislation, what actions are prohibited, exceptions, and enforcement. 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. The law provides guaranteed paid sick leave to many of New York’s workers. In all the other instances, the employer is not required to pay an employee for the time spent serving on a jury. NYC Bans Pre-Employment Marijuana Testing As of May 10, 2020, New York City employers will be prohibited from conducting pre-employment drug testing for THC, the active ingredient in marijuana. New York City passes key amendments to paid safe and sick leave law. Please contact customerservices@lexology.com. New York Labor & Employment Law Blog. Terminating workers under these exceptions could afford employees the right to take legal action. These rates remain in effect until December 30, 2020. If you … Employers are encouraged but not required to proactively state in their job postings that they do not seek salary history information from job applicants. Do not consider this as a final interpretation of the law. 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. 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. Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. This is the big one. 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. 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. In New York City, it is now $15.00 per hour for all size businesses. Colorado could make our list for several reasons. 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. November 18, 2019. 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. In … The legislation, which provides for the immediate accrual of employer-provided sick leave, permits sick leave to be taken beginning on January 1, 2021. The co… 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 Understand your clients’ strategies and the most pressing issues they are facing. While no specific guidance has been issued on the appropriate form of notice, employees should amend their handbooks to specify “reproductive health decision-making” as a protected class and include an appropriate notification regarding available rights and remedies. In the remainder of the state, it is $11.80 per hour. In addition, the law restricts employers from accessing an employee’s personal information regarding the employee’s or the employee’s dependent’s reproductive health decision-making. 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. Beginning January 6, 2020, New York employers will be prohibited from inquiring into an applicant’s salary history during the hiring process or from current employees. PRINT TO PDF . 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. The COVID-19 pandemic has shut down many levels of government for varying periods of time. Potential remedies also include injunctive relief and attorneys’ fees. This summer, the state repealed a ban on cities setting their own minimum wage. Most of the new employment laws are are effective on January 1, 2020. There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. However, employers in New York City are reminded of their obligation under NYC law to engage in a cooperative dialogue with disabled individuals who may be in need of reasonable accommodation, which may include certified users of medical cannabis. Effective January 6, 2020, employers in New York State will be prohibited from relying on the wage or salary history of an applicant in determining whether to make an … Consequently, employers must pay particular attention as year-end approaches to ensure that those positions they intend to keep exempt, remain exempt. 1415-A and Proposed Int. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. Minimum wage. The old salary threshold, which stated workers need to earn at least $455 per week to be considered exempt from overtime pay, has … An employer may consider salary information disclosed by the employee voluntarily, but only if it is disclosed without prompting. 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. No. The New York City Commission on Human Rights, the agency charged with enforcement of the NYCHRL, has the authority to impose up to $250,000 in sanctions for intentional violations of the law. To prepare for compliance with the new law, employers should work with their drug screening vendors to ensure that they do not screen for cannabis. URGENT: Mandatory Coronavirus Paid Leave Poster (FFCRA) As of April 1 2020, all employers in the United States with less than 500 employees MUST display or digitally distribute a Families First Coronavirus Response Act paid leave poster.. We omit certain details. 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. The long-awaited changes to the federal overtime rules were finalized last fall and took effect on January 1, 2020.. 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. In that event, an employer may confirm salary information. Importantly, the law requires employers who have a handbook to include in the handbook a notice of rights and remedies available under the new law. And, effective August 12, 2020, the statute of limitations for reporting claims of sexual harassment to … 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. 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. We emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. 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. 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. A previous analysis on this legislation can be found here. However, New York’s minimum salary threshold applies only to the administrative and executive exemptions, not the professional exemption. The next generation search tool for finding the right lawyer for you. New York City amended its Human Rights Law (NYCHRL) to prohibit inquiries into applicants’ salary histories during the hiring process. This poster describes new laws that mandate paid leave for employees affected by the COVID-19 / Coronavirus epidemic. Effective January 1, 2020: Under New York law, settlements of employment discrimination claims cannot prevent complainants from speaking to an attorney, the New York State Division of Human Rights, the U.S. 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. The New York State Department of Labor has issued new guidance clarifying employers’ obligations under the law. On April 3, 2020 Governor Cuomo signed certain budget legislation that also included an amendment to the Election Law which resulted in the re-enactment of the pre … 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. Menu Home About Services Contact Search. Anniken Davenport. I would recommend it to other attorneys.”, © Copyright 2006 - 2020 Law Business Research. Employers need to be aware of a few significant new 2020 employment laws that may affect their daily business operations, policies and employees. Become your target audience’s go-to resource for today’s hottest topics. Labor Law. Some new laws make significant changes while others make smaller changes to existing law. This legislation goes into effect on January 6, 2020. New York State and New York City Minimum Wage Increases. A searchable directory of the comprehensive jurisdictional and local coverage XpertHR offers to help employers ensure they are compliant with US employment laws. 2020 has, of course, been dramatically different. Subject to exceptions for a limited number of specific occupations (e.g., police officers, commercial truck drivers), the new law considers it an “unlawful discriminatory practice” to require applicants for employment to “submit to testing for the presence of any tetrahydrocannabinol or marijuana.”. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices accordingly. Under the New York state law, individuals have a private right of action for compensatory damages sustained as a result of a refusal to hire or retaliation based on failure to provide wage or salary information. 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