Do employees have the right to disconnect? Rafael Espinal, a New York City council member from Brooklyn, thinks so. On March 22, 2018, Councilman Espinal introduced a bill that would make it illegal for employers to require employees to access work-related communications when they are off duty, on vacation, using personal days, or off sick. These communications can include, but not limited to, emails, text messages, and instant messenger services. Continue reading “Proposed New York City Legislation Seeks to End Requirement of After-Hours Work Communications”
Tag: employment law
What Employers Need to Know About New York’s Anti-Discrimination Laws
New York employees are protected against employment discrimination under federal, state and local laws. Several federal laws extend protection against discrimination to employees. The most prominent law is Title VII of the Civil Rights Act of 1964 (Title VII). Title VII prohibits employers from discriminating against employees based on sex, race, color, national origin, and religion. Both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) extend employee protections to more categories than federal law. Continue reading “What Employers Need to Know About New York’s Anti-Discrimination Laws”
NY Paid Family Leave to Apply to All Private Businesses, Regardless of Size
On January 1, 2018, New York State’s Paid Family Leave Benefits Law (PFL) will go into effect. Under the legislation, PFL will be a mandatory benefit in New York that will provide paid time off to employees to bond with their new child, care for a seriously ill loved one, or to address family issues that may arise due to a qualifying military exigency, while protecting their employment. PFL is designed to phase in over four years, increasing annually in weeks available and max percentage of average weekly wage. Continue reading “NY Paid Family Leave to Apply to All Private Businesses, Regardless of Size”
Job Applicant’s Salary History Off the Table in the Interview Process
Recently, Mayor Bill de Blasio signed a bill into law that prohibits all New York City employers from inquiring about a job applicant’s salary history. The bill, Intro 1253, is an expansion of the Mayor’s original Executive Order 21 that was signed in November 2016 and includes both private and public employers. According to Mayor de Blasio this legislation seeks to combat the discriminatory pre-hiring procedures that negatively impact women and minorities. Continue reading “Job Applicant’s Salary History Off the Table in the Interview Process”
New York Law to Protect Freelance Workers Goes Into Effect
New York City is the first city to implement a law to protect its 1.3 million freelance workers against nonpayment. The Freelance Isn’t Free Act (FIFA) mandates that employers sign a contract for freelance work that is valued at $800 or more, either for a single job or total services contracted within a 120-day period. The contracts must include the date the freelancer will receive payment; if they do not include the date of payment, businesses must compensate the freelancer within 30 days of completing the work. FIFA seeks to protect freelance workers against employer retaliation and can increase financial consequences for employers who violate the new rules. Continue reading “New York Law to Protect Freelance Workers Goes Into Effect”
New York Employer Guidelines for Wage Garnishment
When an employee does not pay off his or her debt, a creditor may turn to wage garnishment as a means of collecting the money that is owed. Under New York State law, creditors are restricted in the amount that they can garnish from an employee’s wages for repayment of debt. It is important that New York employers accurately and appropriately manage wage garnishment while remaining in compliance with the law. Continue reading “New York Employer Guidelines for Wage Garnishment”
Woman Who Uses a Gestational Surrogate Sues Verizon For Workplace Discrimination
Marybeth Walz has filed a lawsuit in Boston federal court against Verizon Network Solutions, of Basking Ridge, where she worked as a salesperson, earning $170,000. Ms. Walz has filed suit for improperly handling her untraditional method of having a child. The complaint accuses Verizon of pregnancy, disability, and sex discrimination, as well as employer retaliation and violation of the Family and Medical Leave Act (FMLA). Continue reading “Woman Who Uses a Gestational Surrogate Sues Verizon For Workplace Discrimination”
Second Circuit Looks to New York State Court of Appeals for Guidance Regarding NYCHRL
The United States Court of Appeals for the Second Circuit is seeking clarification from the New York Court of Appeals in a case involving an employee who is suing her employer and two of her co-workers under Title VII and the New York City Human Rights Law (NYCHRL). The claim alleges that the employer engaged in pregnancy discrimination following her termination while on maternity leave. In reviewing the case, Chauca v. Park Management Systems, the court is seeking guidance from the Court of Appeals regarding the appropriate standard for awarding punitive damages under the NYCHRL. Continue reading “Second Circuit Looks to New York State Court of Appeals for Guidance Regarding NYCHRL”
Federal Judge Blocks Implementation of New Overtime Exemption Rule
On November 22, 2016, a federal judge in Texas issued an injunction against the Department of Labor’s new overtime exemption regulations that were scheduled to take effect on December 1, 2016. The regulations would have required employers to pay time-and-a-half to their employees who work more than 40 hours a week and earn less than the annual salary threshold of $47,476. The suit was brought on behalf of 21 states and dozens of business groups who feared the new regulations would hurt retailers and other small businesses by adding to their labor costs. Those against the new overtime exemption rule also said that it would have forced employers to convert full-time jobs to part-time jobs. Continue reading “Federal Judge Blocks Implementation of New Overtime Exemption Rule”
Employment Discrimination and HIV
The Equal Employment Opportunity Commission (EEOC) announced that it has filed two employment discrimination lawsuits based on an employee’s HIV status. The two lawsuits were filed in Texas federal courts and allege that Texas-based employers were in violation of federal law by engaging in disability-related discrimination based on an employee’s HIV status. Continue reading “Employment Discrimination and HIV”
