December 3, 2020

Changes to New York Employment Laws to Have Lasting Impact, Says Law360

Edging toward the end of the year, it’s traditionally the time to take stock of the things that happened over the past 12 months. This year is obviously special as the landscape, from political economy to social life has changed so dramatically for many people. Employment law is no exception and this week Law 360 published a helpful guide to how the pandemic has changed employment law in New York and what kinds of impacts those changes will have into 2021 and beyond.

The most high-profile change was the expansion of paid sick leave in the state was well as New York City. In September, the state law on sick leave took effect which meant employees can begin to accrue paid sick leave time which will be available beginning January 1, 2020. The sick leave can be used by employees who need to care for a family member’s physical or mental health as well as the provide assistance to those who have been the victims of domestic abuse, family or sexual offense, human trafficking, or stalking. Similar provisions were included in the recently approved measure for paid leave in Colorado.

Meanwhile, lawmakers in New York City also updated the city’s paid leave laws to match up more closely with the state-level laws. One notable amendment was the inclusion of domestic workers, who are now eligible for up to 40 hours of paid leave.

Other highlights from the round-up include a host of workplace safety changes necessitated by the coronavirus pandemic. Some of these include designation of essential businesses, mandatory facemask laws, and the requirement that every business, essential and otherwise, have a written plan for ensuring workplace safety.


Employers Can Create the Future We Deserve, or Exacerbate Discrimination Against Parents - Especially Women

October 6, 2020
Gender Discrimination
Paid Family Leave
More than 865,000 women “left” the labor market in September 2020, demonstrating that the COVID pandemic is forcing women out of work. One in four women who are still in the workforce are considering downshifting their careers, or leaving the workforce entirely, due to the pressures of work and family care.Employers who are concerned about retaining their employees who are parents, especially mothers, can take some steps to ensure that parents are not forced to “choose” their families over their careers.

Employers Should Heed Doctor’s Advice When Accommodating Workers

October 6, 2020
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According to Peeples v. Clinical Support Options, Inc., No. 3:20-CV-30144-KAR, 2020 WL 5542719 (D. Mass. Sept. 16, 2020), providing the plaintiff with a mask was insufficient accommodation, holding “a majority of these so-called accommodations are workplace safety rules rather than an individualized accommodation to address Plaintiff’s disability.”

Employer-based Health Insurance on Shaky Ground

September 29, 2020
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Employer-provided health care schemes are under severe strain and those who have already been laid off have been struggling to shore up the gaps in their coverage, all during a global health crisis.

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