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. 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. Enter Search Terms. The law does not apply to certain safety-sensitive positions. November 18, 2019. Enter your email address to instantly generate a … Menu Home About Services Contact Search. Need info about New York's employment and labor laws? The COVID-19 pandemic has shut down many levels of government for varying periods of time. For details, contact the NYS Department of Labor, Division of Labor Standards office in your area. This change went into effect on August 12, 2019, and applies to all claims filed on or after that date. In addition, employers should take note of the following issues as they plan for the year ahead. As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020. The Bureau of Public Work administers the following articles of the New York State Labor Law: Article 8 (Public Work) Article 8-A (Grade Crossing Elimination Work) Article 9 (Prevailing Wage for Building Service Employees) The NYS Labor Law is posted on the NYS Legislative website. 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. 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. Anniken Davenport. New York City Human Rights Law Effective January 11, 2020, the City law will apply to independent contractors. New N.Y. Employment Laws in 2020. We omit certain details. Subject to exceptions for a limited number of specific occupations (e.g., police officers, commercial truck drivers), the new law considers it an âunlawful discriminatory practiceâ to require applicants for employment to âsubmit to testing for the presence of any tetrahydrocannabinol or marijuana.â. Effective May 10, 2020, most employers in New York City will no longer be allowed to require applicants submit to a pre-employment test for cannabis. 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. The changes in salary threshold for administrative and executive exemptions depend on both the location of the employer and the number of employees. New York state uses the FLSA as a starting point and offers some additional protections to specific groups of workers, as we will outline in this post. We discussed that development in a pair of previous client alerts (available here and here). Thus, employers may still prohibit cannabis use at work, conduct reasonable suspicion testing of current employees and testing that arises out of an accident involving a current employee, and discipline employees for working while impaired. The New York State Department of Labor has issued new guidance clarifying employersâ obligations under the law. Become your target audience’s go-to resource for today’s hottest topics. In that event, an employer may confirm salary information. 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. New York City amended its Human Rights Law (NYCHRL) to prohibit inquiries into applicants’ salary histories during the hiring process. The legislation, which provides for the immediate accrual of employer-provided sick leave, permits sick leave to be taken beginning on January 1, 2021. That opens the door for cities to create their own rates, and Denver is already considering a minimum wage increase. The Delaware law firm said the filing of a complaint in New York Supreme Court violated Chancellor Andre Bouchard's orders which gave … New York law allows a number of exceptions to the state’s at-will employment doctrine. We emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. Additionally, such information cannot be used to justify paying an employee less than employees in other protected classes who are performing substantially similar work under the Equal Pay Act. 1415-A and Proposed Int. Aaron Warshaw New York Author On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. Understand your clients’ strategies and the most pressing issues they are facing. Additional information can be found here. Federal laws Overtime. On April 3, 2020, Governor Cuomo signed into law New York’s Paid Sick Leave law. New York State has rules that govern the time allowed for workers to eat during their shift on the job. 2020 has, of course, been dramatically different. Effective February 8, 2020: 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 or salary; Request or require wage or salary history from an applicant or current employee as a condition to be interviewed, or as a condition of continuing to be considered for an offer of employment, or as a condition of employment or promotion; Request or require the wage or salary history of an applicant or current employee from a current or former employer, current or former employee, or agent of the applicant or current employee's current or former employer; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee based upon prior wage or salary history; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee because such applicant or current employee did not provide wage or salary history in accordance with the law; or. 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. “I have found the articles in Lexology/Newsstand to be closely related to the topics I am interested in. New York State and New York City Minimum Wage Increases. The law provides that employees can accrue sick leave time based on hours worked. 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. On August 12, 2019, Governor Cuomo signed in to law legislation that expands worker protections under the New York State Human Rights Law (NYSHRL). 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 … Employers are encouraged but not required to proactively state in their job postings that they do not seek salary history information from job applicants. If you have questions, please review our minimum wage information page. They’re easy to understand and I appreciate that they are only as long as necessary to cover the essentials. 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 From car seats to natural hair, here are some of the changes going into effect in the new year. As of December 31, 2019, the salary threshold is increasing significantly, as referenced in our prior advisories (here and here). The New York City Commission on Human Rights, the agency charged with enforcement of the NYCHRL, has the authority to impose up to $250,000 in sanctions for intentional violations of the law. 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. This may lead courts to depart from parallel analysis with federal employment laws, similarly to how courts now analyze New York City Human Rights Law (“City Human Rights Law”) claims separately and apart from claims under its federal law counterparts. See N.Y. Pub. You can choose to read the full text of the law or our interpretation below. But we’re going to focus on the local level. Under the STLL, starting on or before January 28, 2020, all employers must provide employees a copy of the STLL (here) and a written notice of the law (here). In New York and New Jersey, statutes permit employers to prohibit, respectively, medical marijuana impairment and medical marijuana use at work. And, effective August 12, 2020, the statute of limitations for reporting claims of sexual harassment to … Effective January 1, 2020: Under New York law, settlements of employment discrimination claims cannot prevent complainants from speaking to an attorney, the New York State Division of Human Rights, the U.S. Accordingly, New York employers who rely upon the professional exemption must only comply with the federal salary threshold. 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 NYC Bans Pre-Employment Marijuana Testing As of May 10, 2020, New York City employers will be prohibited from conducting pre-employment drug testing for THC, the active ingredient in marijuana. Additionally, the final rule adjusted the highly compensated employee (HCE) total annual compensation requirement. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices accordingly. 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. Specifically, the law provides that an employer shall not âdiscriminate 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 employeeâs or dependentâs reproductive health decision-making, including, but not limited to, a decision to use or access a particular drug, device or medical service.â. Beginning January 6, 2020, New York employers will be prohibited from inquiring into an applicant’s salary history during the hiring process or from current employees. In Nassau, Suffolk and Westchester counties, it is $13.00 per hour. This legislation goes into effect on January 6, 2020. 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