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.


The Art of the Doctor’s Note

August 19, 2020
Pregnancy Discrimination
We’ve all needed one at some point –– a doctor’s note explaining that we’re out for the count on some otherwise necessary aspect of work or school, at least temporarily. Many people are realizing that because of COVID, they don’t feel safe at work due to a disability, and need to modify their pre-pandemic job to accommodate this new reality. In this type of situation, what do you ask your doctor for? What does such a note need to include to help you successfully advocate for your rights?

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

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