Archives: New York

Another Year, Another Dollar. New York State Set To Increase Minimum Wage

By Fanny Ferdman and Justin Guilfoyle on June 6, 2023 Posted in New York

The 2024 New York State budget, which was recently announced, includes a plan whereby the minimum wage will increase throughout the state, beginning on January 1, 2024 and continuing through 2026, as follows:… Continue Reading

New York Releases Latest Model Anti-Sexual Harassment Policy and Training

By Amanda Van Hoose Garofalo and Fanny Ferdman on April 18, 2023 Posted in New York

On April 11, 2023, the New York State Department of Labor, in collaboration with the New York State Division of Human Rights, released an updated model anti-sexual harassment policy and an updated model training. Among other things, the new model policy adds further context to the purpose of the law, considerations individuals should have when … Continue Reading

So Many NY Changes in 2022 – Employers Beware!

By Fanny Ferdman and Delores Chichi on May 2, 2022 Posted in New York

New York employers must be aware of several important changes to employment laws that have already come into effect during 2022, those that have imminent effect (with deadlines just around the corner!), and those that are currently being considered by the Legislature. In this post, we highlight some of the latest developments in employment law … Continue Reading

New York Issues Employer Guidance Regarding Recreational Use of Cannabis

By Saima Sheikh on November 3, 2021 Posted in MRTA, New York

Following the legalization of recreational cannabis in New York by the Marijuana Regulation and Taxation Act (MRTA) earlier this year, which we previously reported on, the New York State Department of Labor has issued guidance in the form of FAQs for employers regarding adults’ use of recreational cannabis as it relates to the workplace. Notably, … Continue Reading

COVID-19 Designated as a Highly Contagious Communicable Disease Under NY HERO Act

By Justin Guilfoyle on September 9, 2021 Posted in Health & Wellness, New York

As we previously discussed in May and July, the New York Health and Essential Rights Act (NY HERO Act), signed into law by then-Gov. Andrew Cuomo, required employers to take numerous health and safety measures in response to the COVID-19 pandemic. On Sept. 6, 2021, Gov. Kathy Hochul announced that the commissioner of the New … Continue Reading

Update on the NY HERO Act: What the NY COVID-19 Worker Protection Law Means for Employers

By Justin Guilfoyle on July 20, 2021 Posted in New York

On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act (NY HERO Act) into law. As discussed in an earlier BakerHostetler post, this law mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic. Pursuant to the NY HERO Act’s directives, the New York State Department … Continue Reading

Deciphering The NY Hero Act: A New NY COVID-19 Worker Protection Law

By Fanny Ferdman on May 7, 2021 Posted in New York

While New York announced significant easing of COVID-19 restrictions in recent days and weeks, and while the Centers for Disease Control and Prevention appears to be loosening its COVID-19-related guidelines, the state continues its efforts to protect its employees with regard to COVID-19 safety with legislation signed by Gov. Andrew Cuomo late Wednesday night. The … Continue Reading

Screening Employees for Marijuana in New York Goes Up in Smoke

By Amanda Van Hoose Garofalo on May 5, 2021 Posted in New York

Last month, Gov. Andrew Cuomo signed the Marijuana Regulation and Taxation Act (MRTA), which legalized adult (21 years of age and up) use and possession of up to three ounces of marijuana (or 24 grams of concentrated marijuana). This legalization spurs questions for employers: Are they allowed to prohibit the use of marijuana? Can they … Continue Reading

UPDATED: COVID-19 Vaccine Paid Leave Law Encourages New Yorkers to Get Vaccinated

By Fanny Ferdman on April 8, 2021 Posted in New York

This article is a revised version of our March 18, 2021 publication. Really … another new paid leave requirement from New York? Yes indeed. On Friday, March 12, 2021, Governor Cuomo signed a new law amending New York’s Labor Law and granting employees up to four hours of paid leave per COVID-19 vaccine injection. The law became … Continue Reading

COVID-19 Vaccine Paid Leave Law Encourages New Yorkers to Get Vaccinated

By Fanny Ferdman on March 18, 2021 Posted in New York

Really … another new paid leave requirement from New York? Yes indeed. On Friday, March 12, 2021, Governor Cuomo signed a new law amending New York’s Labor Law and granting employees up to four hours of paid leave per COVID-19 vaccine injection. The law became effective immediately, and the new leave entitlement is currently set … Continue Reading

NYC Earned Safe and Sick Time Amendments Effective September 30, 2020

By Saima Sheikh and Fanny Ferdman on October 2, 2020 Posted in New York

On September 28, 2020, New York City Mayor Bill de Blasio signed into law a bill (Intro. 2032-A (Cohen)) amending the New York City Earned Safe and Sick Time Act (ESSTA) to align it with the New York State Sick Leave Law (NYSSLL), which went into effect on September 30, 2020. For more information about … Continue Reading

New York Southern District Vacates Several Provisions of the DOL’s Final Rule on the FFCRA

By Priya Amin on August 10, 2020 Posted in New York

On August 3, 2020, the Southern District of New York issued a decision vacating certain provisions of the Department of Labor’s (DOL) Final Rule on the Families First Coronavirus Response Act (FFCRA). This ruling will be difficult and problematic for many employers and will create substantial uncertainty in the workplace. The FFCRA, which was enacted … Continue Reading

New York Passes Statewide Paid Sick Leave Law

By Fanny Ferdman and Saima Sheikh on April 9, 2020 Posted in New York

Just weeks after New York state implemented an Emergency COVID-19 Paid Sick Leave Law, late last week, New York state passed a statewide paid sick leave (State PSL) law as part of its fiscal year 2020-2021 budget. The new law, which adds Section 196-b to the New York Labor Law, requires all New York state … Continue Reading

New York State Passes Statewide Paid Sick Leave Related to COVID-19

By Saima Sheikh and Amy J. Traub on March 19, 2020 Posted in New York

Last night, Governor Andrew Cuomo of New York signed a bill into law that provides statewide paid sick leave related to the COVID-19 pandemic to employees in order “to address the immediate need of employees affected by COVID-19 who are subject to mandatory or precautionary orders of quarantine or isolation” issued by New York state, … Continue Reading

New York City Extends NYCHRL Employment Protections to Freelancers and Independent Contractors

By Amy J. Traub and Marc-Joseph Gansah on November 18, 2019 Posted in Independent Contractor, New York

On Oct. 13, 2019, New York City enacted Int. 136-A (the Law), expanding the employment protections of the New York City Human Rights Law (NYCHRL) to freelancers and independent contractors. The Law will take effect on Jan. 11, 2020. The NYCHRL applies to employers with four or more employees. The Law changes the counting rule … Continue Reading

Ahead of 2020 Election, New York City Issues Enforcement Guidance on National Origin and Immigration Status Discrimination

By Amanda Van Hoose Garofalo and Marc-Joseph Gansah on October 21, 2019 Posted in Discrimination, Immigration, New York

Immigration has been at the forefront of news reports and court cases recently, and has already proven to be a hot button issue for the 2020 election candidates to debate. As we move closer to the election, such political conversation may find its way into the office. If it does, employers should ensure that they … Continue Reading

UPDATE: New York State Expected to Vastly Overhaul Harassment/Discrimination Laws Again

By Amanda Van Hoose Garofalo on August 14, 2019 Posted in Discrimination, Harassment, New York

As we reported in our blog post, and our summer newsletter, in late June, the New York Legislature passed a bill that vastly changed the discrimination and harassment landscape for employers. Today, Gov. Cuomo signed that bill into law. As a result, employers likely now need to change their New York state-required anti-harassment policies and training. … Continue Reading

New York State Bans Race Discrimination Based on Hair Texture and Hairstyles

By Saima Sheikh on August 1, 2019 Posted in Discrimination, New York

We previously reported that the NYC Commission on Human Rights issued legal enforcement guidance for employers regarding racial discrimination on the basis of hair under the New York City Human Rights Law (NYCHRL). Although that guidance does not reflect a change in the NYCHRL, it makes clear that employers’ grooming and appearance policies may not … Continue Reading

New York State Expected to Vastly Overhaul Harassment/Discrimination Laws Again

By Amanda Van Hoose Garofalo on June 21, 2019 Posted in Discrimination, Harassment, New York

Late on June 19, New York lawmakers passed a bill that makes wide-sweeping changes to New York State discrimination and harassment law. Gov. Andrew Cuomo has indicated that he will sign the bill, but he has not done so at this point. The bill implements changes related to the construction, definitions, proofs, affirmative defenses, policies … Continue Reading

NYC Releases Anti-Harassment Training Video

By Amanda Van Hoose Garofalo and Amy J. Traub on April 16, 2019 Posted in Harassment, New York

As discussed in our New York Quarterly Newsletters, employers in New York City who have 15 or more employees (inclusive of independent contractors) are required to provide anti-sexual harassment training on or before December 31, 2019 to all employees who work in New York City (this includes employees who only work part time in New … Continue Reading

NYC Guidance For Discrimination Based on Hair and Hairstyles

By Saima Sheikh on February 25, 2019 Posted in Discrimination, New York

Last week, the NYC Commission on Human Rights issued legal enforcement guidance on racial discrimination on the basis of hair under the New York City Human Rights Law (NYCHRL). The guidance indicates that natural hair or hairstyles are closely associated with racial, ethnic or cultural identities, and it specifically addresses natural hair or hairstyles most … Continue Reading

New Lactation Room Requirements in NYC Going Into Effect Soon

By Fanny Ferdman on February 4, 2019 Posted in Health & Wellness, New York

As many of you have probably heard, late last year, the New York City Council passed two laws that will amend the NYC Human Rights Law to expand the requirements of employers to provide lactation space for breastfeeding employees and to develop lactation policies and processes for employees to request accommodations for nursing. These new … Continue Reading

New York State (Finally) Passes Gender Expression Non-Discrimination Act

By Saima Sheikh on January 23, 2019 Posted in Discrimination, New York

Last week, following 16 years of discussion and debate, the New York state legislature finally passed the Gender Expression Non-Discrimination Act (GENDA). The act would amend the state New York Human Rights Law to prohibit discrimination on the basis of gender identity or expression in housing, employment and public accommodations. The act defines gender identity … Continue Reading

New York State Sexual Harassment Guidance Finalized

By Amanda Van Hoose Garofalo and Amy J. Traub on October 2, 2018 Posted in Harassment, New York

UPDATE – On Oct. 1, 2018, the state of New York released final guidance on the anti-sexual harassment measures that were passed in the 2018-2019 New York state budget. Perhaps the most important (and welcomed) change in the guidance is that employers now have until Oct. 9, 2019, to provide employees with the mandated training.… Continue Reading