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 Week in FFCRA Complaints

July 1, 2020
Pregnancy Discrimination
Paid Family Leave
Overall, we are beginning to see some patterns in the thematic nature of the complaints. Specifically, plaintiffs seem to be those whose employment has been terminated either after expressing concerns about workplace health and safety (e.g. improper distancing, lack of PPE, and not enforcing CDC-recommended quarantine procedures) and parents whose employment has been terminated because they were unable to locate appropriate childcare or family care.

What Employees Should Know About Their Rights to Protest, in Person or on Social Media

June 29, 2020
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Employees may find themselves retaliated against because of their protesting outside of the workplace, in person or online. But, as the protests continue, and the depth of feeling about their purpose grows, there will be increasing interest in using all available legal tools to allow employees to express their political views off-site while remaining employed.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

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