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New York Employment Attorney Blog

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UPDATE: New York City Council Enacts Package of Legislation Aimed at Strengthening Anti-Sexual Harassment Policies

In case you missed our discussion in a March 20, 2018 post, the New York City Council introduced a series of bills last month targeting sexual harassment in the workplace — The Stop Sexual Harassment in NYC Act.  The City Council enacted the Act on April 11, 2018 and awaits…

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New York City Council Introduces Package of Legislation Aimed at Strengthening Anti-Sexual Harassment Policies

The #TimesUp and #MeToo movements continue to be a force of national reckoning over sexual assault and harassment. This month, the New York City Council harnessed the energy from those social movements and transformed it into legislative action by introducing a series of bills aimed at preventing sexual harassment in…

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NYC Council Obligates Employers to Engage in “Cooperative Dialogue” for Reasonable Accommodation Requests

Apparently believing that employers are not capable of considering employees’ requests for reasonable accommodation on their own, the New York City Council has decided to dictate how those requests should be handled.  An amendment to the New York City Human Rights Law, which takes effect on October 15, 2018, obligates…

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Mainstream Recognition of Sexual Harassment Prompts Bill Prohibiting Arbitration

Allegations of sexual harassment and misconduct against business leaders, politicians and artists, have become a front page staple of newspapers across the country.  Many are shocked by the allegations and claim to wonder how they could have stayed secret for so long.  Despite the numerous cases of sexual harassment filed…

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Client Alert: NYC Ban on Inquiring into Salary History Takes Effect on October 31

The New York City Human Rights Law (“NYCHRL”) was amended back in May 2017 to prohibit employers and employment agencies from inquiring into the salary history of job applicants.  Employers and employment agencies had six months to prepare for that ban, which takes effect on October 31, 2017. Although we…

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New York City Council Amends Earned Sick Time Act to Permit Employees to Use Paid Time Off for “Safe Time”

On October 17, 2017, the New York City Council passed a bill amending the New York City Earned Sick Time Act (which took effect on April 1, 2014)  to require paid time off for victims of family offense matters, sexual offenses, stalking and human trafficking, and their family members.  The…

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Should New York Employers Care that the Obama Administration’s Final Rule is No More?

To be exempt from state and federal overtime requirements, an employee must satisfy both a salary test and  a duties test.  In May 2016, we blogged about the Department of Labor’s issuance of a Final Rule modifying the so-called “white-collar” employee exemptions to overtime under the federal Fair Labor Standards…

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New York’s Paid Family Leave Benefits Law

Some states, such as Connecticut, provide for unpaid family and medical leave greater than that provided by federal FMLA. New York is about to join California in providing paid family leave. Beginning on January 1, 2018, New York State will provide employee-funded paid family leave for qualifying employees.  The New York State…

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Justice Department Switches Sides on Class Action Waivers

Earlier this year, we blogged about the United States Supreme Court’s decision to consider whether requiring employees to agree to arbitration and a waiver of their rights to assert claims through class actions violated the National Labor Relations Act (NLRA).  During the Obama administration, the U.S. Department of Justice supported…

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Employer No-Recording Policies May Violate NLRA Says the Second Circuit

On June 1, 2017, the U.S. Court of Appeals for the Second Circuit, which covers Connecticut, New York and Vermont, upheld a National Labor Relations Board (NLRB) finding that Whole Foods Market Group, Inc.’s no-recording policy was overbroad and violated the National Labor Relations Act (NLRA). In Whole Foods Market…