The new threshold, also effective January 1, 2020, will be $107,432 annually (up from $100,000). In addition, employers should take note of the following issues as they plan for the year ahead. While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions remain regarding employers’ obligations under the law. 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. While cannabis use remains illegal under federal law, and is only permitted for medical use in New York and in many other states, an increasing number of states have legalized cannabis use for off-duty recreational purposes. 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. The selection feature during registration helps in increasing the relevance of the content of the emails. 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. California has finalized all new employment laws for 2020. Enter your email address to instantly generate a … 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. 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. A searchable directory of the comprehensive jurisdictional and local coverage XpertHR offers to help employers ensure they are compliant with US employment laws. 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. Introducing PRO ComplianceThe essential resource for in-house professionals. The seasoned New York employment discrimination attorneys of Gerstman Schwartz LLP are adept at helping employees pursue justice via civil lawsuits, and if you retain our services, we will work diligently to help you seek a fair outcome. Compliance with the draft of new New York legislation should be on every employer’s list of New Year’s resolutions. New York law allows a number of exceptions to the state’s at-will employment doctrine. 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. The term “applicant” expressly includes part-time, seasonal and temporary workers. Additional information can be found here. 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. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices accordingly. The New York State Department of Labor has issued new guidance clarifying employers’ obligations under the law. Effective February 8, 2020: Employers are strictly prohibited from including any salary history questions on a job application, even if those questions are marked “optional.”. Please contact customerservices@lexology.com. New York City amended its Human Rights Law (NYCHRL) to prohibit inquiries into applicants’ salary histories during the hiring process. This poster describes new laws that mandate paid leave for employees affected by the COVID-19 / Coronavirus epidemic. 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. As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020. 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. There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. Effective October 30, 2019, virtually all employees who work in Westchester County for more than 90 days in a calendar year are entitled to 40 hours of paid safe time leave under the Safe Time Leave Law (STLL). On August 12, 2019, Governor Cuomo signed in to law legislation that expands worker protections under the New York State Human Rights Law (NYSHRL). Colorado could make our list for several reasons. Terminating workers under these exceptions could afford employees the right to take legal action. 2020 has, of course, been dramatically different. The legislation, which provides for the immediate accrual of employer-provided sick leave, permits sick leave to be taken beginning on January 1, 2021. 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. Additionally, the final rule adjusted the highly compensated employee (HCE) total annual compensation requirement. We emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. Twenty-one states increased their minimum wage rates on January 1, with four more plus the District of Columbia bumping rates up later in 2020. From 12/31/2019 to 12/30/2020, the basic minimum wage is $11.80 per hour in most of New York State. Labor Law. 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. 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. New York State has rules that govern the time allowed for workers to eat during their shift on the job. This new legislation is relatively unclear about whether and how an employer can use a current employee’s available salary information for promotions. New York Labor & Employment Law Blog. New York City first adopted a local paid sick leave law … The Delaware law firm said the filing of a complaint in New York Supreme Court violated Chancellor Andre Bouchard's orders which gave … They’re easy to understand and I appreciate that they are only as long as necessary to cover the essentials. In Nassau, Suffolk and Westchester counties, it is $13.00 per hour. In New York and New Jersey, statutes permit employers to prohibit, respectively, medical marijuana impairment and medical marijuana use at work. 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. 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. 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. 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. 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. As previously summarized, Westchester County has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave. Enter Search Terms. For current employees applying for new positions within the same company, the employer may consider information within its possession regarding compensation history with that employer, but cannot ask about compensation from prior employers. Employment Law Handbook has free detailed information for all categories. 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. 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. While New York state has not yet provided guidance as to how employers can confirm this information, the New York City Commission on Human Rights has stated that employers may request a prospective employee’s W-2 form to verify representations made about salary history if the applicant, voluntarily and without prompting, offers information about salary history. November 18, 2019. Ellen Bardash | 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. From car seats to natural hair, here are some of the changes going into effect in the new year. Today’s Long Island employment law blog discusses the provisions of this new 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. While the duties test for these exemptions remains unchanged, effective December 31, 2019, the minimum exempt salary is: Effective January 1, 2020, the minimum exempt salary under the federal Fair Labor Standards Act increased to $684 per week ($35,568 annually) for the executive, administrative and professional exemptions. 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. Subject to exceptions for a limited number of specific occupations (e.g., police officers, commercial truck drivers), the new law considers it an “unlawful discriminatory practice” to require applicants for employment to “submit to testing for the presence of any tetrahydrocannabinol or marijuana.”. The law may be read as limiting the prohibition to inquiring about current employee’s. Skip to content . 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. In addition, the law restricts employers from accessing an employee’s personal information regarding the employee’s or the employee’s dependent’s reproductive health decision-making. We summarize some of the key changes to 2020 New York employment laws, and offer some practice pointers, below. New York State also saw an increase on December 31, 2019, which brought the minimum wage for … Read the details about which employers are covered by this legislation, what actions are prohibited, exceptions, and enforcement. In the remainder of the state, it is $11.80 per hour. Effective Jan. 6, 2020, New York has a new state law that prohibits all employers in the state from asking job applicants and employees about their past salaries or wages. 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. 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. 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. 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. 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. Employers may ask job applicants for their salary expectations for the open position. If you … Meal Period Guidelines - Section 162 of the New York State Labor Law Health Law §3369(2); Wild , 2020 … New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. 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 … 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. Menu Home About Services Contact Search. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. The old salary threshold, which stated workers need to earn at least $455 per week to be considered exempt from overtime pay, has … And, effective August 12, 2020, the statute of limitations for reporting claims of sexual harassment to … Minimum wage. The New York State minimum wage increased on December 31, 2019. In all the other instances, the employer is not required to pay an employee for the time spent serving on a jury. We expect more cities in Colorado to follow suit. In … Close. Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. You can choose to read the full text of the law or our interpretation below. 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. 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. These rates remain in effect until December 30, 2020. Some new laws make significant changes while others make smaller changes to existing law. New N.Y. Employment Laws in 2020. 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. In New York City, it is now $15.00 per hour for all size businesses. No. PRINT TO PDF . 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. In that event, an employer may confirm salary information. We highlighted this legislation in our 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. 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). New York City Human Rights Law Effective January 11, 2020, the City law will apply to independent contractors. As of December 31, 2019, the minimum wage for most employers in New York state shall be: As of December 31, 2019, the minimum wage for employees of “fast food establishments” working for a chain with 30 or more establishments shall be: We discuss New York fast food minimum wage laws in greater detail 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. The next generation search tool for finding the right lawyer for you. This summer, the state repealed a ban on cities setting their own minimum wage. Most of the new employment laws are are effective on January 1, 2020. Notably, the ban applies only to applicants for employment. In 2019, we reported on scores of new laws that took effect last summer. 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. On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a … 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. 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: The law provides guaranteed paid sick leave to many of New York’s workers. Search . Marijuana Testing in Employment As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. Anniken Davenport. New York City Mayor Bill DeBlasio has signed legislation extending the effective period of certain legal protections designed to support the City's. 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 employer’s drug policy. However, New York’s minimum salary threshold applies only to the administrative and executive exemptions, not the professional exemption. As outlined in our prior alert, a multitude of changes in New York employment law have either gone into effect or will be in effect soon. Need info about New York's employment and labor laws? The Fair Labor Standards Act (FLSA) is a federal labor law out of which all the other state and city laws branch out. 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. We discussed that development in a pair of previous client alerts (available here and here). New York State and New York City Minimum Wage Increases. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. 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. Do not consider this as a final interpretation of the law. 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). On Tuesday, December 15, 2020, the New York City Council's Committee on Civil Service and Labor voted to approve two bills, Proposed Int. 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. 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. While no specific guidance has been issued on the appropriate form of notice, employees should amend their handbooks to specify “reproductive health decision-making” as a protected class and include an appropriate notification regarding available rights and remedies. 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