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 … 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. 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. We discussed that development in a pair of previous client alerts (available here and here). 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. 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 January 7, 2020, New York employers are now prohibited from discriminating or retaliating against employees (or employees’ dependents) based on reproductive health decision-making. 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 … 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. 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. Potential remedies also include injunctive relief and attorneys’ fees. 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. Meal Period Guidelines - Section 162 of the New York State Labor Law Please contact email@example.com. Health Law §3369(2); Wild , 2020 … 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. Having passed or enacted many employment lawsin 2019, some wonder whether the state will eventually surpass California as the nation’s leader in that department. 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 employers should review their recruiting, interviewing, and hiring practices, as well as their promotion and internal transfer materials, to ensure compliance with the New York State and City bans on salary history inquiries. This change is effective January 1, 2020 and reflects an increase from the current $23,660 annual salary (or $455 per week). It surprises many workers to know that New York labor laws about breaks do not require employers to provide any short rest or coffee breaks at any point during a worker's shift. 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. The law does not apply to certain safety-sensitive positions. 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. 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. 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 PRINT TO PDF . Employers need to be aware of a few significant new 2020 employment laws that may affect their daily business operations, policies and employees. 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. We encourage employers with New York operations to review our prior guidance, particularly with regards to compliance with harassment and discrimination laws. This change went into effect on August 12, 2019, and applies to all claims filed on or after that date. 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. On September 30, 2020, section 196-b of the New York State Labor Law went into effect. Because New Yorkâs salary threshold for the administrative and executive exemptions is greater than the federal threshold, New York employers must comply with the higher state threshold for those exemptions. As of December 31, 2019, the salary threshold is increasing significantly, as referenced in our prior advisories (here and here). By way of background, on April 9, 2019, the New York City Council passed (by a 41-4 vote) a bill (Intro. 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.”. Compliance with the draft of new New York legislation should be on every employer’s list of New Year’s resolutions. A previous analysis on this legislation can be found here. Understand your clients’ strategies and the most pressing issues they are facing. The term âapplicantâ expressly includes part-time, seasonal and temporary workers. Introducing PRO ComplianceThe essential resource for in-house professionals. Some new laws make significant changes while others make smaller changes to existing law. 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. In Nassau, Suffolk and Westchester counties, it is $13.00 per hour. These rates remain in effect until December 30, 2020. These legal obligations are spelled out in New York’s Election Law and are summarized below. See N.Y. Pub. In addition, employers should take note of the following issues as they plan for the year ahead. There are different hourly rates for workers in the fast food industry and those who receive tips. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. 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. New York City passes key amendments to paid safe and sick leave law. 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. 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. In all the other instances, the employer is not required to pay an employee for the time spent serving on a jury. New York Labor & Employment Law Blog. The legislation, which provides for the immediate accrual of employer-provided sick leave, permits sick leave to be taken beginning on January 1, 2021. 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. Today’s Long Island employment law blog discusses the provisions of this new law. This legislation goes into effect on January 6, 2020. Potential remedies also include injunctive relief and attorneys’ fees. 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 On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a … 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: We summarize some of the key changes to 2020 New York employment laws, and offer some practice pointers, below. In addition, the law restricts employers from accessing an employeeâs personal information regarding the employeeâs or the employeeâs dependentâs reproductive health decision-making. From 12/31/2019 to 12/30/2020, the basic minimum wage is $11.80 per hour in most of New York State. New York State and New York City Minimum Wage Increases. 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. 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. 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. California has finalized all new employment laws for 2020. The New York State minimum wage increased on December 31, 2019. This legislation goes into effect on January 6, 2020. While no specific guidance has been issued on the appropriate form of notice, employees should amend their handbooks to specify âreproductive health decision-makingâ as a protected class and include an appropriate notification regarding available rights and remedies. Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. 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 … Ellen Bardash | December 17, 2020. If you … If you have questions, please review our minimum wage information page. 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. 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. 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 emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. 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. Anniken Davenport. 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. Colorado could make our list for several reasons. 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. 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. New York law allows a number of exceptions to the state’s at-will employment doctrine. 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. On August 12, 2019, Governor Cuomo signed in to law legislation that expands worker protections under the New York State Human Rights Law (NYSHRL). However, New Yorkâs minimum salary threshold applies only to the administrative and executive exemptions, not the professional exemption. Consequently, employers must pay particular attention as year-end approaches to ensure that those positions they intend to keep exempt, remain exempt. Need info about New York's employment and labor laws? Register to Access. 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. 2020 has, of course, been dramatically different. Read the details about which employers are covered by this legislation, what actions are prohibited, exceptions, and enforcement. 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. In 2019, we reported on scores of new laws that took effect last summer. This poster describes new laws that mandate paid leave for employees affected by the COVID-19 / Coronavirus epidemic. 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. You can choose to read the full text of the law or our interpretation below. This section contains general information on the provisions of the laws governing the employment of minors in New York State. 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. New York City first adopted a local paid sick leave law … From car seats to natural hair, here are some of the changes going into effect in the new year. This is the big one. The long-awaited changes to the federal overtime rules were finalized last fall and took effect on January 1, 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. Effective February 8, 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. Employers are strictly prohibited from including any salary history questions on a job application, even if those questions are marked âoptional.â. 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. We highlighted this legislation in our previous client alerts (available here and here). The law provides that employees can accrue sick leave time based on hours worked. New York City amended its Human Rights Law (NYCHRL) to prohibit inquiries into applicants’ salary histories during the hiring process. 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. Search . Become your target audience’s go-to resource for today’s hottest topics. For details, contact the NYS Department of Labor, Division of Labor Standards office in your area. As we previously reported, all New York State employers are prohibited from inquiring about a job applicantâs (or current employeeâs) salary or wage history when interviewing, hiring, promoting or making employment decisions. In … An employer may consider salary information disclosed by the employee voluntarily, but only if it is disclosed without prompting. That opens the door for cities to create their own rates, and Denver is already considering a minimum wage increase. A searchable directory of the comprehensive jurisdictional and local coverage XpertHR offers to help employers ensure they are compliant with US employment laws. The New York State Department of Labor has issued new guidance clarifying employersâ obligations under the law. Minimum wage. No. Here’s a round-up of the most significant changes small and mid-size employers should be aware of. 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). 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. 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 employerâs drug policy. 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. 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.. If you would like to learn how Lexology can drive your content marketing strategy forward, please email firstname.lastname@example.org. Skip to content . 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. The law provides guaranteed paid sick leave to many of New York’s workers. 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