The next generation search tool for finding the right lawyer for you. 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. A searchable directory of the comprehensive jurisdictional and local coverage XpertHR offers to help employers ensure they are compliant with US employment laws. Need info about New York's employment and labor laws? Additional information can be found here. As of mid-April 2020, the coronavirus pandemic has caused the loss of approximately 22 million jobs in the United States, based on the number of unemployment claims around the country since early March. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. The Fair Labor Standards Act (FLSA) is a federal labor law out of which all the other state and city laws branch out. From car seats to natural hair, here are some of the changes going into effect in the new year. On September 30, 2020, section 196-b of the New York State Labor Law went into effect. By Mark S. Goldstein, Alexandra Manfredi and Leora Grushka on 3 August 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations The enactment of paid sick leave laws began as a state and local employment law trend roughly a decade ago, gaining substantial momentum in the mid-2010’s. Effective February 8, 2020: We emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. I would recommend it to other attorneys.”, © Copyright 2006 - 2020 Law Business Research. Become your target audience’s go-to resource for today’s hottest topics. In my prior post I wrote about a few of the new laws (click here to view), but now that the legislative year is closed, I wanted to cover five additional key employment laws that California employers need to understand and be aware of going into 2020: And, effective August 12, 2020, the statute of limitations for reporting claims of sexual harassment to … We omit certain details. 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. We expect more cities in Colorado to follow suit. 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. As of December 31, 2019, the minimum wage for New York employers is: New York has increased the minimum salary an employee must be paid in order to qualify for the administrative or executive exemption under state wage and hour law. 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. As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020. While certain of those legal requirements became effective in 2019, employers should be aware of the following new requirements, and their corresponding effective dates: Non-disclosure agreements (NDA) entered into as part of employment contracts on or after January 1, 2020 must include an explicit carve-out allowing the employee or potential employee entering into the NDA to speak with “law enforcement, the Equal Employment Opportunity Commission, the state Division of Human Rights, a local commission on human rights, or an attorney retained by the employee or potential employee.”. By way of background, on April 9, 2019, the New York City Council passed (by a 41-4 vote) a bill (Intro. 2020 has, of course, been dramatically different. Additionally, the final rule adjusted the highly compensated employee (HCE) total annual compensation requirement. In the remainder of the state, it is $11.80 per hour. See N.Y. Pub. 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. 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. 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. 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. 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 Potential remedies also include injunctive relief and attorneys’ fees. New York State has rules that govern the time allowed for workers to eat during their shift on the job. 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. The salary threshold is the minimum salary employers can pay workers classified as exempt pursuant to the administrative and executive exemptions under New York state law. There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. Today’s Long Island employment law blog discusses the provisions of this new law. Questions? This section contains general information on the provisions of the laws governing the employment of minors in New York State. New York City Human Rights Law Effective January 11, 2020, the City law will apply to independent contractors. In addition, employers should take note of the following issues as they plan for the year ahead. Close. Accordingly, New York employers who rely upon the professional exemption must only comply with the federal salary threshold. Understand your clients’ strategies and the most pressing issues they are facing. 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. New York Labor & Employment Law Blog. 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. If you … As previously summarized, Westchester County has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave. Marijuana Testing in Employment As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. No. 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. In … Enter your email address to instantly generate a … For details, contact the NYS Department of Labor, Division of Labor Standards office in your area. This legislation goes into effect on January 6, 2020. This new legislation is relatively unclear about whether and how an employer can use a current employee’s available salary information for promotions. Please contact customerservices@lexology.com. This poster describes new laws that mandate paid leave for employees affected by the COVID-19 / Coronavirus epidemic. On August 12, 2019, Governor Cuomo signed in to law legislation that expands worker protections under the New York State Human Rights Law (NYSHRL). On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a … 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.. The pertinent points are as follows: $13 per hour for Westchester, Nassau and Suffolk County employers, $11.80 for employers in the remainder of New York State, $1,125.00 per week ($58,500 annually) for New York City employers, $975.00 per week ($50,700 annually) for Westchester, Nassau and Suffolk County employers, $885.00 per week ($48,750 annually) for employers in the remainder of New York State. The COVID-19 pandemic has shut down many levels of government for varying periods of time. The old salary threshold, which stated workers need to earn at least $455 per week to be considered exempt from overtime pay, has … While New York state has not yet provided guidance as to how employers can confirm this information, the New York City Commission on Human Rights has stated that employers may request a prospective employee’s W-2 form to verify representations made about salary history if the applicant, voluntarily and without prompting, offers information about salary history. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. 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. 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. New York-based firms could breathe a sigh of relief on New Year’s Day when Governor Andrew Cuomo vetoed the Securing Wages Earned Against Theft Act (SWEAT), which would have given employees the ability to place liens on their firm’s assets with respect to “wages” allegedly due to the employees. That opens the door for cities to create their own rates, and Denver is already considering a minimum wage increase. Federal laws Overtime. Labor Law. The term “applicant” expressly includes part-time, seasonal and temporary workers. The New York State minimum wage increased on December 31, 2019. This change went into effect on August 12, 2019, and applies to all claims filed on or after that date. Click to read more. On April 3, 2020, Governor Cuomo signed into law New York’s Paid Sick Leave law. The selection feature during registration helps in increasing the relevance of the content of the emails. 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. The long-awaited changes to the federal overtime rules were finalized last fall and took effect on January 1, 2020.. 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. 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. We summarize some of the key changes to 2020 New York employment laws, and offer some practice pointers, below. Under the STLL, starting on or before January 28, 2020, all employers must provide employees a copy of the STLL (here) and a written notice of the law (here). Employment Law Handbook has free detailed information for all categories. 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. Skip to content . 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. 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. This legislation goes into effect on January 6, 2020. New N.Y. Employment Laws in 2020. Meal Period Guidelines - Section 162 of the New York State Labor Law 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 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. Colorado could make our list for several reasons. Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. “I have found the articles in Lexology/Newsstand to be closely related to the topics I am interested in. New York City Mayor Bill DeBlasio has signed legislation extending the effective period of certain legal protections designed to support the City's. As of December 31, 2019, the minimum wage for most employers in New York state shall be: As of December 31, 2019, the minimum wage for employees of “fast food establishments” working for a chain with 30 or more establishments shall be: We discuss New York fast food minimum wage laws in greater detail here and here. USA - New York: Employment & Labour Laws and Regulations 2020. Thus, employers may still prohibit cannabis use at work, conduct reasonable suspicion testing of current employees and testing that arises out of an accident involving a current employee, and discipline employees for working while impaired. There are different hourly rates for workers in the fast food industry and those who receive tips. The Delaware law firm said the filing of a complaint in New York Supreme Court violated Chancellor Andre Bouchard's orders which gave … Specifically, the law provides that an employer shall not “discriminate nor take any retaliatory personnel action against an employee with respect to compensation, terms, conditions or privileges of employment because of or on the basis of the employee’s or dependent’s reproductive health decision-making, including, but not limited to, a decision to use or access a particular drug, device or medical service.”. New York City amended its Human Rights Law (NYCHRL) to prohibit inquiries into applicants’ salary histories during the hiring process. Some new laws make significant changes while others make smaller changes to existing law. 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. Enter Search Terms. 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. 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 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. The New York State Department of Labor has issued new guidance clarifying employers’ obligations under the law. 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. Some exceptions to the law include certain: Additionally, the law will not bind employers who are a party to a collective bargaining agreement that "specifically addresses" the drug testing of applicants, but only as to those employees. 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. From 12/31/2019 to 12/30/2020, the basic minimum wage is $11.80 per hour in most of New York State. 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. Consequently, employers must pay particular attention as year-end approaches to ensure that those positions they intend to keep exempt, remain exempt. Read the details about which employers are covered by this legislation, what actions are prohibited, exceptions, and enforcement. Most of the new employment laws are are effective on January 1, 2020. Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current or former employee because the applicant or current or former employee filed a complaint with the New York State Department of Labor alleging a violation of the law. Keep a step ahead of your key competitors and benchmark against them. This change is effective January 1, 2020 and reflects an increase from the current $23,660 annual salary (or $455 per week). This law became effective October 31, 2017. 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. Register to Access. The law provides guaranteed paid sick leave to many of New York’s workers. If you have questions, please review our minimum wage information page. 1396-A, that would fundamentally alter the employer-employee relationship for fast food employers in New York City.These two bills will now move to the full City Council for a vote scheduled for Thursday, December 17, 2020. Moreover, employers must display in a conspicuous location a copy of the STLL and a poster in English, Spanish and any other language deemed appropriate by the County (this posting has yet to be published). Health Law §3369(2); Wild , 2020 … 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. The law may be read as limiting the prohibition to inquiring about current employee’s. New York State and New York City Minimum Wage Increases. 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. Specifically, the law provides that an employer shall not “discriminate nor take any retaliatory personnel action against an employee with respect to compensation, terms, conditions or privileges of employment because of or on the basis of the employee’s … Here’s a round-up of the most significant changes small and mid-size employers should be aware of. 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. Employers are strictly prohibited from including any salary history questions on a job application, even if those questions are marked “optional.”. 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 … Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. Because New York’s salary threshold is greater than the federal FLSA threshold, New York employers must comply with the state threshold for administrative and executive exemptions. In New York and New Jersey, statutes permit employers to prohibit, respectively, medical marijuana impairment and medical marijuana use at work. New York City passes key amendments to paid safe and sick leave law. New York City passes key amendments to paid safe and sick leave law By Mark S. Goldstein and Leora Grushka on 19 October 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations. Notably, the ban applies only to applicants for employment. Additionally, such information cannot be used to justify paying an employee less than employees in other protected classes who are performing substantially similar work under the Equal Pay Act. 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. 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. On Tuesday, December 15, 2020, the New York City Council's Committee on Civil Service and Labor voted to approve two bills, Proposed Int. An employer may consider salary information disclosed by the employee voluntarily, but only if it is disclosed without prompting. Employers need to be aware of a few significant new 2020 employment laws that may affect their daily business operations, policies and employees. In Nassau, Suffolk and Westchester counties, it is $13.00 per hour. 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. By Katherine Kimsey and Bruce Sarchet on June 9, 2020 Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. New York State also saw an increase on December 31, 2019, which brought the minimum wage for … This is the big one. Do not consider this as a final interpretation of the law. Aaron Warshaw New York Author On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. 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. On July 10, 2019, New York state expanded on the New York City law by prohibiting employers from requesting such information of applicants or employees. Potential remedies also include injunctive relief and attorneys’ fees. The legislation, which provides for the immediate accrual of employer-provided sick leave, permits sick leave to be taken beginning on January 1, 2021. A previous analysis on this legislation can be found here. They’re easy to understand and I appreciate that they are only as long as necessary to cover the essentials. Positions requiring supervision of children and medical patients, Positions requiring federal drug testing, and, New York City employers that conduct pre-employment tests for cannabis may continue to do so until. Menu Home About Services Contact Search. The new threshold, also effective January 1, 2020, will be $107,432 annually (up from $100,000). We discussed that development in a pair of previous client alerts (available here and here). Businesses in New York should plan ahead and prepare to adjust their employment policies and practices accordingly. As outlined in our prior alert, a multitude of changes in New York employment law have either gone into effect or will be in effect soon. Minimum wage. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. The New HR Rules: Employment law updates for 2020. 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. In New York City, it is now $15.00 per hour for all size businesses. 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. We highlighted this legislation in our previous client alerts (available here and here). 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. That said, employers should avoid any disciplinary action against employees who are certified medical marijuana users, as they may be considered to have a recognized disability under New York law. You can choose to read the full text of the law or our interpretation below. These legal obligations are spelled out in New York’s Election Law and are summarized below. 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. Terminating workers under these exceptions could afford employees the right to take legal action. 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. Compliance with the draft of new New York legislation should be on every employer’s list of New Year’s resolutions. This may lead courts to depart from parallel analysis with federal employment laws, similarly to how courts now analyze New York City Human Rights Law (“City Human Rights Law”) claims separately and apart from claims under its federal law counterparts. 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 … Similarly, businesses should review their agreements with testing labs to ensure that the labs with which they contract do not screen for cannabis as a matter of course. 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. No. As of December 31, 2019, the salary threshold is increasing significantly, as referenced in our prior advisories (here and here). The law provides that employees can accrue sick leave time based on hours worked. November 18, 2019. New York City first adopted a local paid sick leave law … In all the other instances, the employer is not required to pay an employee for the time spent serving on a jury. Introducing PRO ComplianceThe essential resource for in-house professionals. There are different minimum wage rates for: the fast food industry; Long Island; Westchester County; and New York City. While the duties test for these exemptions remains unchanged, effective December 31, 2019, the minimum exempt salary is: Effective January 1, 2020, the minimum exempt salary under the federal Fair Labor Standards Act increased to $684 per week ($35,568 annually) for the executive, administrative and professional exemptions. 1415-A and Proposed Int. California has finalized all new employment laws for 2020. Exempt status under both exemptions is based on (1) the payment of a minimum exempt salary; and (2) whether the employee meets the duties test of the applicable exemption. This summer, the state repealed a ban on cities setting their own minimum wage. 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. PRINT TO PDF . Through claims such as this, employees may be able to obtain compensation such as back and front pay, reimbursement of attorney fees, punitive damages and reasonable accommodations. Employers are encouraged but not required to proactively state in their job postings that they do not seek salary history information from job applicants. Anniken Davenport. Search . In that event, an employer may confirm salary information. Likewise, effective February 8, 2020, the New York State Human Rights Law will be expanded to include all employers in the state, regardless of size. To applicants for employment we summarize some of the changes going into effect professional! Considering a minimum wage increased on December 31, 2019 describes New laws mandate., been dramatically different into applicants ’ salary histories during the hiring.. Applicants, as it makes no reference to current employees York: employment & Labour laws Regulations. 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