Businesses with operations in New York State and, particularly, in New York City, face unique obstacles with respect to reopening their businesses during the COVID-19 pandemic. With over 380,000 confirmed cases across the state, and over 200,000 confirmed cases in New York City, most New York residents have been affected by the virus in some
Recently, in McPherson v. EF Intercultural Foundation, Inc., the California Court of Appeals addressed the legality of unlimited or uncapped vacation policies under California law. Three exempt employees sued the company for payment of unused vacation time at termination, despite being subject to an unlimited paid time off policy, because they argued the policy
To reduce the spread of COVID-19, many employers are requiring their employees to work remotely (either voluntarily or because several states, including California and New York, have imposed social distancing restrictions). The new work-from-home reality has implications for employers with workers employed in California and other states, as described in COVID-19: Working from home and
As we previously reported in our articles Employers with 100 or more employees must provide pay data to the EEOC by September 30, 2019 and New EEOC pay data deadline: September 30, 2019, following an April 25,
Following an April 25, 2019 federal court ruling, employers with 100 or more employees should begin to prepare to report pay data to the U.S. Equal Employment Opportunity Commission (EEOC) by September 30, 2019. While there is a possibility that an appeals court could stay this
Recently, New York State and New York City have continued the trend of enacting employee-friendly legislation and issuing broad enforcement guidance under their respective employment laws and regulations. New York State and New York City employers should be aware of the following recent developments from 2018 and early 2019, and should take action to review and update their practices and policies for compliance.
Federal and New York State laws already require employers to make reasonable efforts to provide a room other than a bathroom where a nursing employee can express breast milk in privacy. New York City recently passed two laws expanding those rights. Effective March 18, 2019, New York City employers will be subject to additional specific requirements regarding the lactation room that must be made available to nursing mothers. New York State law already requires that the lactation room be private, well-lit, and contain, at a minimum, a chair and small table, desk, counter, or other flat surface. The New York City law will require additional amenities in the lactation room, including an electrical outlet and nearby access to running water, and that the employer provide a refrigerator suitable for breast milk storage in reasonable proximity to the employee’s work area. Also effective March 18, 2019, New York City employers will be required to implement a written lactation room policy that meets specified requirements, and provide a copy of the policy to all employees upon hiring. The policy must include a statement that employees have the right to request a lactation room, and identify a process by which employees may make such request (which process must meet certain minimum requirements).
Effective October 15, 2018, New York City amended its Human Rights Law to require covered employers to engage in a “cooperative dialogue” with individuals who may be entitled to a reasonable accommodation related to religious beliefs, disability, pregnancy, childbirth or a related medical condition, or because the employee was a victim of domestic violence, sex offenses, or stalking. The law requires that covered employers follow certain procedures when they receive a request for an accommodation, or when they have notice that an individual may need an accommodation, including the following:
On May 9, 2018, New York City enacted a number of laws addressing sexual harassment in the workplace. The laws are summarized below. New York City employers who do not yet have anti-harassment and anti-retaliation policies in place should promptly begin the process for adopting them. New York City employers should also begin to make arrangements for providing their employees with anti-harassment training (upon hire and annually thereafter). Such training is now required under both New York State and New York City law. New York State’s law, which was also recently enacted, will become effective first. For a brief discussion of the recent New York State legislation, please see our prior blog post, New York State’s new sexual harassment prevention laws will require action by all New York employers.
Beginning April 1, 2019, New York City employers with 15 or more employees (which includes interns for purposes of this new law) must provide anti-sexual harassment training to all of their New York City employees on an annual basis. The training must also be provided to new hires (who will work more than 80 hours per year) during the first 90 days of their employment. The training must address the following items (at a minimum):
Also, the training must be “interactive.” However, the new law is clear that the training need not be in-person or live in order to be considered interactive. The New York City Commission on Human Rights will be developing an on-line training module that can be used by employers to satisfy this training requirement, as long as employers supplement the module with a description of their internal complaint procedures.
The law requires employers to maintain records of all trainings provided, including signed employee acknowledgements, for at least three years.
New York City employers should be aware that this New York City training requirement is in addition to, and not in lieu of, the recently enacted New York State sexual harassment training requirement. New York City employers should ensure that their training modules satisfy both state and city requirements, to the extent applicable. To read a copy of our recent client alert summarizing the New York State requirement, please see our prior legal update, New York employers should get ready to comply with New York State’s new sexual harassment prevention laws.
Effective September 6, 2018, all New York City employers must provide employees at the time of hire with an information sheet on sexual harassment. This information sheet will be developed by the New York City Commission on Human Rights and may be included in the employer’s employee handbook.