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 was neither unlimited in policy nor practice. The court agreed. Fortunately for California employers, the decision sets forth guidelines for employers to properly implement such policies and avoid liability. For more information, see our legal update, California court finds employer liable under unlimited vacation policy… Continue Reading
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.
New York City lactation room and policy laws — new policy requirement
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 … Continue Reading
In September 2018, we reported on New York State’s issuance of draft guidance under the recently enacted New York State law aimed at preventing sexual harassment. New York State has now issued final guidance under this law. This includes final guidance regarding:
- The anti-sexual harassment policy that every New York State employer (regardless of size and including those who employ only domestic and household employees) must adopt by October 9, 2018; and
- The mandatory interactive anti-sexual harassment training that every New York State employer is required to conduct for all employees annually.
Final Guidance Delays Deadline to Conduct First Annual… Continue Reading
In April 2018, we reported on New York State’s enactment of a new law aimed at preventing sexual harassment. We summarized this new law in detail in our legal update, New York employers should get ready to comply with New York State’s new sexual harassment prevention laws, and our Global Workplace Insider article, New York State’s new sexual harassment prevention laws will require action by all New York employers. Under this law, New York State employers will need to comply with the following new requirements, among others:
- By October 9, 2018, every New York State employer (regardless of