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.


Associate Alex Berke quoted in Mother Jones on Defamation and Sexual Harassment

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Sexual Harassment
Alex Berke, an employment lawyer in New York, says she asks men what their goal is when they come to her after being accused of sexual harassment. Will a lawsuit really stop people from talking about them?

NYC Commission on Human Rights Clarifies Work Protections for Independent Contractors and Freelancers

January 30, 2020
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New York City's Commission On Human Rights has published new information for freelancers and contractors working in the city.

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Paid Family Leave
FMLA
Pregnancy Discrimination
Leave
Who should foot the bill or take responsibility for social reproduction as more women were pressed into the workforce, government or the individual? In the US, the answer was resounding: the individual. And this has had significant consequences for working parents since. By placing the responsibility on the individual, almost always the mother, parents have been in a bind for decades and any "choices" available reside in an astonishingly thin sliver of options constrained by structural inequalities

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