Tag: New York

New York City Bans Pre-Employment Marijuana Testing On May 10, 2019, a New York City Charter Rule (Int. 1445-2019) was adopted, without the mayor’s signature, amending the city’s administrative code by prohibiting pre-employment drug testing for marijuana. Specifically, under the law, it is an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof…

Time Off to Vote On April 12, 2019, New York Governor Andrew Cuomo signed legislation (S.B. 1505) as part of the 2020 New York State budget package and amending the state’s election law, N.Y. Elec. Law § 3-110, as follows: A registered voter may, without loss of pay for up to three hours, take off so much working time…

Westchester County Fair Chance to Work Act (Ban the Box) On December 3, 2018, the Westchester County Board of Legislators adopted the Fair Chance to Work Act (LL-2018-14) prohibiting discrimination based on an individual’s arrest record or criminal conviction. Under the law, and unless specifically required or permitted by any other law, an employer may…

Thanks to new training mandates in California, New York, and Delaware, more employees will be trained on sexual harassment and discrimination prevention in 2019 than ever before. Previous harassment prevention training mandates, like California A.B. 1825, focused primarily on teaching supervisors about reporting responsibilities and what constitutes harassment. As a result, the majority of compliance…

New York City Releases New Guidance on Discrimination Based on Hair In February 2019, the New York City Commission on Human Rights released a legal enforcement guidance about race discrimination on the basis of hair. According to the commission, the New York City Human Rights Law (NYCHRL) “protects the rights of New Yorkers to maintain…

New York City and Paid Personal Time Proposal On January 9, 2019, Mayor Bill de Blasio announced his intent to propose local legislation to make New York City the first city in the nation to mandate paid personal time for workers. According to the announcement, the local legislation would require private employers with five or more…

Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, provides a summary of what you may have missed over the holiday break. EEOC, court kick “Onionhead” employer while it’s down A federal judge in New York ruled on post-trial motions filed by…

New York City For-Hire Vehicle Drivers Earnings On December 4, 2018, the New York City Taxi and Limousine Commission (TLC) announced the passage if its Driver Income and Transparency Rules to increase the earnings of for-hire vehicle (FHV) drivers who work for large app-based car service companies and provide benefits for other drivers. The rules…

2019 Exemption Rates Increase For 2019, and under the New York Minimum Wage Act’s minimum wage orders, the salary basis threshold will increase for the executive and administrative exemption as follows: New York City large employers (11 or more employees): $1,125 per week and $58,500 per year. New York City small employers (10 or fewer…

Finalized Materials and Guidance on NYS Sexual Harassment Prevention Law On October 1, 2018, Governor Cuomo announced the release of the following finalized materials and guidance on New York’s new sexual harassment prevention laws, following a public comment period that began August 23: Updated website with resources for employers, employees, state contractors and targets of sexual harassment. Updated model…