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Articles Posted in Employment Rights

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New York Paid Sick Leave Law Now in Effect

On September 30, 2020, section 196-b of the New York State Labor Law went into effect.  The legislation, which provides for the accrual of employer-provided sick leave, permits sick leave to be taken beginning on January 1, 2021.  We wrote about the New York State Paid Sick Leave law previously,…

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New York City Bans Pre-Employment Testing for Marijuana Use

Effective May 10, 2020, New York City’s Human Rights Law will prohibit employers from requiring job applicants to submit to a marijuana or THC drug test as a condition of employment, with some limited exceptions. The NYC law is the first to ban pre-employment testing, but likely not the last…

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New York City Considers Paid Vacation And The Right To Disconnect

New York City continues to advance a progressive workers’ rights agenda that places employees who work in the city in a better position than those who work outside the five boroughs. Paid Vacation Last week, Mayor Bill de Blasio pledged that New York City would seek to pass a mandatory…

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NYC Council Votes to Require Lactation Room and Accommodation Policy

On October 17, 2018, the New York City Council passed several bills, referred to as a parental empowerment package, which will likely be signed by the mayor. These bills require employers with 15 or more employees to provide a “lactation space” and “lactation accommodation” for employees who need to express…

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NYC Council Introduces “Fair Work Week” Bills

On December 6, the New York Council introduced several bills as part of New York City’s “Fair Work Week” initiative.  The bills primarily apply to certain fast food employers, as well as some retail establishments.  These bills may never be enacted into law, and are still subject to negotiation and debate:…

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NYC Commission on Human Rights Issues Interpretative Guidance on New York City’s Ban-the-Box Law

In our July 6, 2015 Blog, New York City Mayor De Blasio Signs Ban-the-Box Legislation, we wrote about New York City’s enactment of the Fair Chance Act (FCA), which amends the New York City Human Rights Law (NYCHRL) to prohibit most New York City employers from inquiring into or otherwise…

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Proposed Federal Law to Protect Employee Social Media Passwords

In recent years, employers have scrutinized employee or prospective employee postings on social media sites like Facebook, Twitter, Instagram, and other sites, as part of their screening process for employment, promotion or termination decisions. This may come to an end if The Password Protection Act of 2013 (H.R. 2077) becomes…

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Do Employee Wellness Programs Violate Federal Law?

The U.S. Equal Employment Opportunity Commission (EEOC) has scheduled a meeting for May 8, 2013 at its main headquarters in Washington, D.C., to address whether employer wellness programs may implicate, among other things, the confidentiality and permissible inquiry provisions of the Americans with Disabilities Act (ADA), the Genetic Nondiscrimination Act…

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The Healthy Workplace Bill: Will New York State Prohibit Workplace Bullying?

On May 12, 2010, the New York State Senate passed S1823b, a bill to amend the labor law to prohibit abusive work environments. If the bill were to pass scrutiny in the State Assembly, and be signed into law by the Governor, employees in the State of New York would…

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U.S. Supreme Court Accepts Mandatory Arbitration of Discrimination Claims for Unionized Employees

The United States Supreme Court recently ruled that a union could contract away a union member’s rights to pursue a statutory discrimination claim in court. In 14 Penn Plaza L.L.C. v. Pyett, the Supreme Court considered whether a union member with an age discrimination claim under the Age Discrimination Employment…