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These rates remain in effect until December 30, 2020. In all the other instances, the employer is not required to pay an employee for the time spent serving on a jury. They’re easy to understand and I appreciate that they are only as long as necessary to cover the essentials. In that event, an employer may confirm salary information. By Katherine Kimsey and Bruce Sarchet on June 9, 2020 Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. From 12/31/2019 to 12/30/2020, the basic minimum wage is $11.80 per hour in most of New York State. New York City passes key amendments to paid safe and sick leave law By Mark S. Goldstein and Leora Grushka on 19 October 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations. We discussed that development in a pair of previous client alerts (available here and here). November 18, 2019. As of December 31, 2019, the salary threshold is increasing significantly, as referenced in our prior advisories (here and here). As a result, employers may still prohibit cannabis use as a matter of policy, test current employees for cannabis use and administer discipline for violations of the employer’s drug policy. Effective May 10, 2020, most employers in New York City will no longer be allowed to require applicants submit to a pre-employment test for cannabis. The legislation expands the scope of the NYCHRL’s prohibitions on making pre-employment inquiries, which already preclude employers from seeking information about applicants’ criminal conviction, credit, and salary histories. If you have questions, please review our minimum wage information page. Effective February 8, 2020: Subject to exceptions for a limited number of specific occupations (e.g., police officers, commercial truck drivers), the new law considers it an “unlawful discriminatory practice” to require applicants for employment to “submit to testing for the presence of any tetrahydrocannabinol or marijuana.”. In … This new legislation is relatively unclear about whether and how an employer can use a current employee’s available salary information for promotions. We summarize some of the key changes to 2020 New York employment laws, and offer some practice pointers, below. See N.Y. Pub. For details, contact the NYS Department of Labor, Division of Labor Standards office in your area. Some new laws make significant changes while others make smaller changes to existing law. The New York State Department of Labor has issued new guidance clarifying employers’ obligations under the law. Here’s a round-up of the most significant changes small and mid-size employers should be aware of. While certain of those legal requirements became effective in 2019, employers should be aware of the following new requirements, and their corresponding effective dates: Non-disclosure agreements (NDA) entered into as part of employment contracts on or after January 1, 2020 must include an explicit carve-out allowing the employee or potential employee entering into the NDA to speak with “law enforcement, the Equal Employment Opportunity Commission, the state Division of Human Rights, a local commission on human rights, or an attorney retained by the employee or potential employee.”. We emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. New York-based firms could breathe a sigh of relief on New Year’s Day when Governor Andrew Cuomo vetoed the Securing Wages Earned Against Theft Act (SWEAT), which would have given employees the ability to place liens on their firm’s assets with respect to “wages” allegedly due to the employees. The Fair Labor Standards Act (FLSA) is a federal labor law out of which all the other state and city laws branch out. It surprises many workers to know that New York labor laws about breaks do not require employers to provide any short rest or coffee breaks at any point during a worker's shift. New York State has rules that govern the time allowed for workers to eat during their shift on the job. Employers are strictly prohibited from including any salary history questions on a job application, even if those questions are marked “optional.”. Consequently, employers must pay particular attention as year-end approaches to ensure that those positions they intend to keep exempt, remain exempt. Terminating workers under these exceptions could afford employees the right to take legal action. Introducing PRO ComplianceThe essential resource for in-house professionals. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. This law became effective October 31, 2017. 2020 New York Employment Law Update - New York Updates Wage and Hour, Discrimination and Salary History Employment Laws Matthew Damm , Daniel McCoy Fenwick & West LLP The New York State minimum wage increased on December 31, 2019. Effective May 10, 2020, New York City employers are prohibited from requiring job applicants to submit to a pre-employment drug test that screens for cannabis. And, effective August 12, 2020, the statute of limitations for reporting claims of sexual harassment to … Businesses in New York should plan ahead and prepare to adjust their employment policies and practices accordingly. Effective Jan. 6, 2020, New York has a new state law that prohibits all employers in the state from asking job applicants and employees about their past salaries or wages. However, New York’s minimum salary threshold applies only to the administrative and executive exemptions, not the professional exemption. With layoffs becoming increasingly common, New York City employment attorneys are seeing that more and more workers are being asked to sign severance agreements as they are shown the door. Labor Law. This may lead courts to depart from parallel analysis with federal employment laws, similarly to how courts now analyze New York City Human Rights Law (“City Human Rights Law”) claims separately and apart from claims under its federal law counterparts. We encourage employers with New York operations to review our prior guidance, particularly with regards to compliance with harassment and discrimination laws. As previously summarized, Westchester County has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave. Most of the new employment laws are are effective on January 1, 2020. Some exceptions to the law include certain: Additionally, the law will not bind employers who are a party to a collective bargaining agreement that "specifically addresses" the drug testing of applicants, but only as to those employees. While no specific guidance has been issued on the appropriate form of notice, employees should amend their handbooks to specify “reproductive health decision-making” as a protected class and include an appropriate notification regarding available rights and remedies. Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. Employment Law Handbook has free detailed information for all categories. These legal obligations are spelled out in New York’s Election Law and are summarized below. Effective January 7, 2020, New York employers are now prohibited from discriminating or retaliating against employees (or employees’ dependents) based on reproductive health decision-making. In my prior post I wrote about a few of the new laws (click here to view), but now that the legislative year is closed, I wanted to cover five additional key employment laws that California employers need to understand and be aware of going into 2020: Need info about New York's employment and labor laws? On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a … If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. Compliance with the draft of new New York legislation should be on every employer’s list of New Year’s resolutions. An employer may consider salary information disclosed by the employee voluntarily, but only if it is disclosed without prompting. New York City Mayor Bill DeBlasio has signed legislation extending the effective period of certain legal protections designed to support the City's. As of August 12, 2020, the limitations period for asserting a claim of sexual harassment under the NYSHRL is expanded from one year to three. Effective January 7, 2020, New York employers are now prohibited from discriminating or retaliating against employees (or employees’ dependents) based on reproductive health decision-making. The law may be read as limiting the prohibition to inquiring about current employee’s. This section contains general information on the provisions of the laws governing the employment of minors in New York State. On April 3, 2020, Governor Cuomo signed into law New York’s Paid Sick Leave law. Enter your email address to instantly generate a … Register to Access. Additional information can be found here. As of February 8, 2020, the definition of an “employer” under the NYSHRL is expanded from New York employers with four or more employees to include an employer of any size. In New York City, it is now $15.00 per hour for all size businesses. A searchable directory of the comprehensive jurisdictional and local coverage XpertHR offers to help employers ensure they are compliant with US employment laws. From car seats to natural hair, here are some of the changes going into effect in the new year. That opens the door for cities to create their own rates, and Denver is already considering a minimum wage increase. Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. New York City Human Rights Law Effective January 11, 2020, the City law will apply to independent contractors. New York City amended its Human Rights Law (NYCHRL) to prohibit inquiries into applicants’ salary histories during the hiring process. As of mid-April 2020, the coronavirus pandemic has caused the loss of approximately 22 million jobs in the United States, based on the number of unemployment claims around the country since early March. Enter Search Terms. Federal laws Overtime. Under the New York state law, individuals have a private right of action for compensatory damages sustained as a result of a refusal to hire or retaliation based on failure to provide wage or salary information. There are different hourly rates for workers in the fast food industry and those who receive tips. We omit certain details. The new threshold, also effective January 1, 2020, will be $107,432 annually (up from $100,000). However, employers in New York City are reminded of their obligation under NYC law to engage in a cooperative dialogue with disabled individuals who may be in need of reasonable accommodation, which may include certified users of medical cannabis. Employers are encouraged but not required to proactively state in their job postings that they do not seek salary history information from job applicants. Do not consider this as a final interpretation of the law. New York state uses the FLSA as a starting point and offers some additional protections to specific groups of workers, as we will outline in this post. Can choose to read the details about which employers are strictly prohibited including. 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