Showing 12 posts in New York.

New York City Salary Transparency Law Receives Clarification and Subsequent Amendment

The pending Salary Transparency Law (the Law)—which requires New York City employers to disclose the minimum and maximum salary when posting an advertisement for a job, promotion, or transfer opportunity—was  further clarified by the New York City Commission on Human Rights and subsequently amended by the New York City Council. More ›

New Amendment to New York Civil Rights Law Requires Employers to Provide Notice to Employees of Electronic Monitoring

A previously enacted amendment to the New York Civil Rights Law, effective May 7, 2022, requires employers to provide written or electronic notice to newly hired employees if the employer intends to monitor or intercept telephone conversations, email, or internet access or usage. The amendment also requires employers to obtain an employee's written or electronic acknowledgment before monitoring them. In addition, the employer must post notice of the electronic monitoring in a "conspicuous place," which is readily accessible to the employees who are subject to electronic monitoring to view. More ›

DOL Temporary Rule Clarifies Paid Leave Under Families First Coronavirus Response Act

The U.S. Department of Labor issued a Temporary Rule on September 11, 2020, which revises regulations concerning paid sick leave and expanded family medical leave under the Families First Coronavirus Response Act (FFCRA). The rule, which goes into effect on September 16, 2020, was issued in response to the U.S. District Court for the Southern District of New York's decision in State of New York v. Department of Labor on August 3, 2020, which struck down portions of the FFCRA regulations. More ›

Federal Court in New York Strikes Down Key Provisions of DOL's FFCRA Final Rule

In State of New York v. United States Department of Labor, the Southern District of New York struck down several key aspects of the Department of Labor's (DOL) Final Rule implementing the provisions of Families First Coronavirus Response Act (FFCRA). Brought by the State of New York, this suit challenged several features of the DOL's Final Rule as exceeding the DOL's authority. The DOL cross-filed for summary judgment and moved to dismiss for lack of standing. More ›

New York State Prohibits Employee Discrimination Over Reproductive Health Decisions

On November 8, 2019, Governor Andrew Cuomo expanded the list of protected categories under existing New York City Human Rights Law by signing the New York Reproductive Choice Law. Under this provision, employers are prohibited from discriminating against employees or their dependents for their reproductive health decisions. Specifically, the law prohibits employers from accessing personal information about an employee or dependent's "use or access of a particular drug, device or medical service without the employee's prior informed affirmative written consent." Further, employers cannot retaliate against or treat an employee differently because they "use or access a particular drug, device or medical service." More ›

New York Passes Significant Amendments to Anti-Harassment and Anti-Discrimination Law

In an effort to align its legislation with the broader standards of the New York City Human Rights Law, New York State recently passed an amended anti-harassment bill which will significantly impact how employers handle harassment claims. Governor Cuomo signed the bill on August 12, 2019. Many of the new provisions, if not already in effect, will be effective within sixty days. All employers will be subjected to the new amendments, regardless of the number of employees. More ›

Major League Baseball Umpire Strikes Out in His Assertion of Union Privilege in Discrimination Claim

A Federal District Court in New York recently fielded the issue of whether there is such a thing as a union relations privilege and the extent of that privilege. In Hernandez v. Office of the Commissioner of Baseball (18 Civ.No.35), baseball umpire Angel Hernandez alleged that Major League Baseball (MLB) had discriminated against him with respect to crew chief assignments and post-season umpiring assignments. There was no evidence Hernandez filed a grievance under his collective bargaining agreement regarding his discrimination claim and this was key to MLB's defense. Hernandez asserted union privilege in order to protect any discussions with representatives of the Major League Baseball Umpires Association (the "Union"). A New York District Court Judge, agreeing with the Magistrate Judge's recommendation, determined that under federal common law, any union relations privilege would only cover communications made in the context of representation by a union representative during disciplinary proceedings under a collective bargaining agreement. More ›

Hair Today…Discrimination Tomorrow? California and New York Adopt Hair Style Protections, Others Surely to Follow

On July 3, 2019, California Governor Gavin Newsom approved Senate Bill No. 188 providing legal protection from discrimination in the workplace and in public schools for natural and protective hairstyles historically worn by black people and people of color. This bill expanded the scope of what is considered a protected race category under the California Fair Employment and Housing Act to include traits "historically associated with race, including, but not limited to, hair texture and protective hairstyles." Following California's lead, New York then became the second state to ban discrimination based on natural hairstyles on July 12, 2019, when Governor Andrew Cuomo signed into law S.6209A/A.7797A, which amends the Human Rights Law and Dignity for All Students Act. There is now proposed legislation in New Jersey as well, modeled after Senate Bill No. 188. This means employers in other states should take a hard look at their workplace hair and grooming policies to avoid discrimination actions. More ›

“Ban the Box" Coming to the Big Apple...

On June 29, 2015, New York City Mayor Bill de Blasio signed into law an amendment to the New York City Human Rights Law that requires private employers to remove criminal-convictions questions from job applications and defer background inquiries to the point of a conditional job offer. This “Ban the Box” law prohibits NYC employers from making any inquiry or statement concerning an applicant’s arrest or criminal record until after the employer has extended a conditional job offer to the applicant. The law construes the terms “inquires” and “statements” very broadly, and also expressly prohibits searches of publicly available records and many consumer reports. More ›

Unpaid Intern is not an Employee, Cannot Maintain Hostile Work Environment Claim

A broadcast and digital journalism student began working at a Chinese-language news station as an unpaid intern. As an intern, she reported directly to the bureau chief, assisted the bureau’s reporters with shooting news footage, drafted scripts, edited videos, and appeared on camera to present certain stories. The intern sought a full-time position and was told that she may be able to obtain a permanent position later if she could obtain a work visa. More ›