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 First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.