new york employment laws 2020

The New York City Commission on Human Rights, the agency charged with enforcement of the NYCHRL, has the authority to impose up to $250,000 in sanctions for intentional violations of the law. Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current or former employee because the applicant or current or former employee filed a complaint with the New York State Department of Labor alleging a violation of the law. The New York State minimum wage increased on December 31, 2020, except in New York City, where it remains $15.00 per hour for all size businesses. May an employer still test current … With another busy year for employment law legislation throughout New York State and New York City coming to a close, New York employers should be aware of new employment laws that will take effect in 2020, as well as laws that already took effect in 2019, to ensure compliance with changing obligations. In 2019, the New York State Legislature made substantial changes to workplace laws. 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. Aaron Warshaw New York Author On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. COVID-19 Notification. 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.”. Marijuana Testing in Employment As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. This legislation, once effective, will overhaul New York’s antidiscrimination laws and uproot precedent that employers have relied upon for decades in defending harassment claims. Arizona – Legalization committees are back at again in 2020. MktoForms2.loadForm("//app-abd.marketo.com", "963-ZNS-159", 2053); The Weekly Business Payroll and HR Digest delivered to your inbox! $885.00/week (increased from $832.00/week). 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. … Another legislative year is in the books as Gov. The law, however, contains exceptions for those who apply to work in areas involving public safety, such as law enforcement personnel and construction workers. New York Employment Law Case News. As previously summarized, Westchester County has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave. The New HR Rules: Employment law updates for 2020. Employment Law, New York, State Developments. Read about them here. 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. Employee eligibility for paid sick leave, wage and hour laws, rules pertaining to independent contractors, and COVID19 considerations have been affected. For example, in New York, Election Law § 3-110, which was amended in April 2020, provides that employees are generally eligible for up to two hours of paid time off to vote if they do not have sufficient time outside working hours. That opens the door for cities to create their own rates, and Denver is already considering a minimum wage increase. There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. 9 Executive Park Dr. The changes in salary threshold for administrative and executive exemptions depend on both the location of the employer and the number of employees. New York State Election Law (As amended by Chapter 56 of the Laws of 2020) § 3-110. As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020. In Nassau, Suffolk and Westchester counties, it is $14.00 per hour. There are different hourly rates for workers in the fast food industry and those who receive tips. New York Employment Law Updates. On January 1, 2021, employees may start using accrued leave. The salary threshold is the minimum salary employers can pay workers classified as exempt pursuant to the administrative and executive exemptions under New York state law. New Jersey Salary History Ban Law. In October of … Employee eligibility for paid sick leave, wage and hour laws, rules pertaining to independent contractors, and COVID19 considerations have been affected. This new law is in addition to the New York State provisions already in effect providing emergency paid sick time due to COVID-19. Because New York’s salary threshold is greater than the federal FLSA threshold, New York employers must comply with the state threshold for administrative and executive exemptions. While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions remain regarding employers’ obligations under the law. This chart reflects the new salary thresholds, effective December 31, 2019: As described in our previous advisories (available here and here), the U.S. Department of Labor (DOL) publicized its final rule raising the salary threshold for the executive, administrative, and professional (EAP) exemptions under the FLSA to $35,568 per year, or $684 per week. ALL RIGHTS RESERVED. Most of the new employment laws are are effective on January 1, 2020. Effective February 8, 2020: Dec. 18, 2020 Employers can require workers to get a Covid-19 vaccine and bar them from the workplace if they refuse, the federal government said in guidelines issued this week. New laws in 2020 — the good, the bad and the ugly. By way of background, on April 9, 2019, the New York City Council passed (by a 41-4 vote) a bill (Intro. On September 28, 2020, Mayor Bill de Blasio signed a bill into law significantly amending the New York City Earned Sick and Safe Time Act (“ESSTA”) in order to better align with New York State’s new paid sick leave law (the “NYS Leave Law”). Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. In Nassau, Suffolk and Westchester counties, it is $14.00 per hour. Posted in New York State Law, Sick Leave. Court actions regarding cases handled by Borrelli & Associates, PLLC. Request a free demo today. Demyan v. Fortress Investment Group LLC, Fortress Transportation and Infrastructure Investors, LLC., Index No. By David Paseltiner on April 13, 2020. As we previously reported, effective May 10, 2020, New York City’s Fair Chance Act will be amended to prohibit employers from requiring applicants to submit to testing for the presence of marijuana as a condition of employment. Aaron Warshaw New York Author. New York Labor & Employment Law Blog. Some new laws make significant changes while others make smaller changes to existing law. Borrelli & Associates. The New York official announced and legislation has passed a bill of paid family bereavement leave for 3 months regarding the death of close relatives like a spouse, child, parents, grandchild, grandparents and in-laws. There are numerous statutes that protect New York employees from being treated unfairly at work, including wage and hour laws. We provided an overview of the new NYPSL requirements for New York State … That means you can’t rely on an applicant’s wage or salary history in determining whether to offer employment to that individual or in determining that individual’s wages. This summer, the state repealed a ban on cities setting their own minimum wage. Dec. 18, 2020 Employers can require workers to get a Covid-19 vaccine and bar them from the workplace if they refuse, the federal government said in guidelines issued this week. Marijuana Testing in Employment As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. Read all the details about the legislation, including exemptions, notice requirement, and use of leave. JANUARY 23, 2020. In the remainder of the state, it is $12.50 per hour. Employers need to stay on top of these changes to ensure they are compliant and aren’t subjected to penalties and fines. a new state law that prohibits all employers in the state from asking job applicants and employees about their past salaries or wages. In Nassau, Suffolk and Westchester counties, it is $14.00 per hour. AB 685. The law may be read as limiting the prohibition to inquiring about current employee’s. Anniken Davenport. 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. This law became effective October 31, 2017. This week, New York State issued guidance and an FAQ document regarding the State’s new paid sick leave law (“NYPSL”). These include, but are not limited to: NYC Paid Safe and Sick Leave Law. Through claims such as this, employees may be able to obtain compensation such as back and front pay, reimbursement of attorney fees, punitive damages and reasonable accommodations. This new legislation is relatively unclear about whether and how an employer can use a current employee’s available salary information for promotions. Retaliation . How to Return to Work Safely During COVID-19, Unemployment Insurance Charges Canceled for New York Employers, New Guidance Issued on New York COVID-19 Leave, Here are 6 Benefits of a Culturally Diverse Workplace, $885.00/week (increased from $832.00/week). Employers must continually monitor these updates and modify their policies accordingly to ensure compliance. On August 12, 2019, Governor Cuomo signed in to law legislation that expands worker protections under the New York State Human Rights Law (NYSHRL). By Special to the Democrat. Under the STLL, starting on or before January 28, 2020, all employers must provide employees a copy of the STLL (here) and a written notice of the law (here). Rely on an applicant’s wage or salary history in determining whether to offer employment to that individual or in determining that individual’s wages or salary; Request or require wage or salary history from an applicant or current employee as a condition to be interviewed, or as a condition of continuing to be considered for an offer of employment, or as a condition of employment or promotion; Request or require the wage or salary history of an applicant or current employee from a current or former employer, current or former employee, or agent of the applicant or current employee's current or former employer; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee based upon prior wage or salary history; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee because such applicant or current employee did not provide wage or salary history in accordance with the law; or. We highlighted this legislation in our previous client alerts (available here and here). There are numerous statutes that protect New York employees from being treated unfairly at work, including wage and hour laws. In that event, an employer may confirm salary information. In addition to federal and state laws, employees who work in New York City may be entitled to protections under City laws. Every new year brings new employment laws, and 2020 is no different. No. New York, N.Y. (January 8, 2021) - 2020 was certainly a year for the books. Extends for one year (until January 1, 2022) the exception from the ABC test for newspaper carriers. Screening ATS Employment Law Trends 51 . 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. This Freeborn & Peters LLP client alert … Positions requiring supervision of children and medical patients, Positions requiring federal drug testing, and, New York City employers that conduct pre-employment tests for cannabis may continue to do so until. Substantial Changes Coming to New York Employment Discrimination Laws . Most of those changes are set to begin on the first day of 2020, though New York's pay raise is set to begin December 31, 2019, the NELP reported. November 18, 2019. Clifton Park, NY 12065 Read the details about which employers are covered by this legislation, what actions are prohibited, exceptions, and enforcement. No longer will job candidates be subjected to questioning about how much they make, or at least not in New … On September 30, 2020, covered employees in New York State began to accrue leave at a rate of one hour for every 30 hours worked. This legislation goes into effect on January 6, 2020. Most of those changes are set to begin on the first day of 2020, though New York's pay raise is set to begin December 31, 2019, the NELP reported. Governor Newsom signed over 20 new labor and employment bills into law in 2020. Colorado could make our list for several reasons. New York employers should review their recruiting, interviewing, and hiring practices, as well as their promotion and internal transfer materials, to ensure compliance with the New York State and City bans on salary history inquiries. There’s more to the white-collar exemption than minimum pay , but the minimum salary change is what employers must know to be compliant as of Jan. Alternate Accrual System Moreover, employers must display in a conspicuous location a copy of the STLL and a poster in English, Spanish and any other language deemed appropriate by the County (this posting has yet to be published). Get alerts for critical deadlines like sexual harassment prevention training, require electronic signature verification for important notices, maintain accurate and accessible job history records for every employee, and more. New York State also saw an increase on December 31, 2019, which brought the minimum wage for … Certain employers in the state of New York are required to offer employees with at least 24 consecutive hours of rest in a workweek. New York was, of course, one of the most affected states at the onslaught of the pandemic, which led to swift executive and legislative action. 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. Similarly, businesses should review their agreements with testing labs to ensure that the labs with which they contract do not screen for cannabis as a matter of course. We emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. Most will go into effect on Jan. 1, 2020. Looking for an HR solution to manage all your compliance requirements? Payroll Services Q. Free Consultation: (212) 227-7070. A previous analysis on this legislation can be found here. Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. New N.Y. Employment Laws in 2020. These laws vary by state and each has its own specific requirements. Register to Access. New York law allows a number of exceptions to the state’s at-will employment doctrine. November 18, 2019. COVID-19 Updates and Legal Services. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. This law applies only to testing done before employment begins. A new law that states that New York employers must grant leave for domestic violence victims took effect on November 18, 2019. 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. OCTOBER 15, 2019. Leave must be accrued at a rate not less than one hour for every thirty hours worked. To satisfy the requirements of this law, any agreement entered into after September 30, 2020 must specifically reference Labor Law Section 196-b. Online Store Catalog. New York Employment Law Case News. The new threshold, also effective January 1, 2020, will be $107,432 annually (up from $100,000). Effective January 6, 2020, employers in New York State will be prohibited from relying on the wage or salary history of an applicant in determining whether to make an … Published: April 10, 2020. 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. 0 New York Passes 3 Months Paid Bereavement Leave. We summarize some of the key changes to 2020 New York employment laws, and offer some practice pointers, below. Most employers in Westchester County, New York have been required to provide paid or unpaid sick leave to covered employees since October 30, 2019. New York rang in the new year with a pair of significant labor law developments. About GTM | Privacy Policy | Terms of Use | © 1998-2021 GTM Payroll Services, Inc. All Rights Reserved. Each time the New York State minimum wage increases, the minimum salary required (under state law) for executive and administrative employees increases proportionately. The legislation, which provides for the immediate accrual of employer-provided sick leave, permits sick leave to be taken beginning on January 1, 2021. Retaliation. The New York State minimum wage increased on December 31, 2020, except in New York City, where it remains $15.00 per hour for all size businesses. On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a set of Additionally, the final rule adjusted the highly compensated employee (HCE) total annual compensation requirement. AB 323. New York, N.Y. (January 8, 2021) - 2020 was certainly a year for the books. Register to Access. There are different hourly rates for workers in the fast food industry and those who receive tips. Hours: 8:30 am - 5:00 pm ET. There are many laws on the federal, state and local levels that govern whether employers must provide time off, paid or unpaid, to employees for various types of leave. This Freeborn & Peters LLP client alert … As this is a relatively new law, employers must be aware of it going in to 2020. June 26, 2019. On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. Specifically, the law provides that an employer shall not “discriminate nor take any retaliatory personnel action against an employee with respect to compensation, terms, conditions or privileges of employment because of or on the basis of the employee’s … According to the New York State Human Rights Law (NYSHRL), as of August 12, 2020, the limitation time for employees submitting sexual harassment claims will be extended from one year to three years. With a new year comes several changes to New York State labor and employment laws. In the absence of such language, NDAs will be void and unenforceable to the extent they prevent disclosure of factual information related to any future claims of discrimination. Labor And Employment Law Section Fall Meeting (2020) Online Store. Employees begin accruing leave on September 30, 2020. :657383/2020 . Employers may prevent cannabis use at work, conduct tests for cannabis if reasonable suspicion warrants it, test employees due to a work-related accident, and discipline workers for being impaired while on the job. The rule sets specific application requirements for mobile car wash services as well as o… This change went into effect on August 12, 2019, and applies to all claims filed on or after that date. 24 states will raise the minimum wage in 2020 Prior results do not guarantee a similar outcome. Contingent Workforce – Independent Contractors . Consequently, employers must pay particular attention as year-end approaches to ensure that those positions they intend to keep exempt, remain exempt. Thus, employers that fail — December 17, 2020. The effective date of the amended ESSTA law … 2020 has, of course, been dramatically different. Having passed or enacted many employment lawsin 2019, some wonder whether the state will eventually surpass California as the nation’s leader in that department. Beginning January 6, 2020, New York employers will be prohibited from inquiring into an applicant’s salary history during the hiring process or from current employees. What Compliance Risks Come with Having a Remote Workforce? Each year, new and amended laws impact businesses of various sizes in New York. There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. Below is a recap of the major 2020 changes to employment law in New York and New Jersey. Continue. While New York state has not yet provided guidance as to how employers can confirm this information, the New York City Commission on Human Rights has stated that employers may request a prospective employee’s W-2 form to verify representations made about salary history if the applicant, voluntarily and without prompting, offers information about salary history. But we’re going to focus on the local level. Gavin Newsom’s deadline to sign or veto bills passed. 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. The dollar amount of the salary threshold also depends on the employer’s location (and size, if located in New York City). With a new year comes several changes to New York State labor and employment laws. Terminating workers under these exceptions could afford employees the right to take legal action. New York City Employee Rights. Sitemap 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: Business HR Services The co… In October of … California has finalized all new employment laws for 2020. In the remainder of the state, it is $12.50 per hour. With another busy year for employment law legislation throughout New York State and New York City coming to a close, New York employers should be aware of new employment laws that will take effect in 2020, as well as laws that already took effect in 2019, to ensure compliance with changing obligations. 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. These new thresholds, effective December 31, 2019: 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. Effective Date. On December 31, 2019, the new minimum wage for most employers in New York state will be: For workers in fast food restaurant chains with 30 or more establishments, the new minimum wage will be: To be exempt from the payment of overtime, administrative and executive employees must (among other things) be paid a certain minimum weekly salary amount. MktoForms2.loadForm("//app-abd.marketo.com", "963-ZNS-159", 2062); Find out the benefits of Human Capital Management (HCM) for your organization, and how to get started. Insurance WYSIWYG. Tap to Call Tap to Text. CAUTION - Before you proceed, please note: By clicking “accept” you agree that our review of the information contained in your e-mail and any attachments will not create an attorney-client relationship, and will not prevent any lawyer in our firm from representing a party in any matter where that information is relevant, even if you submitted the information in good faith to retain us. Some exceptions include law enforcement, positions involved with supervising children or medical patients, jobs requiring a commercial driver’s license, and federal or state contractor positions. This legislation, … SBDR: 11 New Employment Laws Recently Enacted in California Zenefits. 7 Employment Laws New York Household Employers Need to Know for 2020 Dec 2, 2019 | Domestic Workers' Rights , Labor Laws From protecting employee medical privacy to domestic violence victim leave, several new employment laws will go into effect in New York at various points in the new … Anniken Davenport. Thus, employers may still prohibit cannabis use at work, conduct reasonable suspicion testing of current employees and testing that arises out of an accident involving a current employee, and discipline employees for working while impaired. The New York State minimum wage increased on December 31, 2020, except in New York City, where it remains $15.00 per hour for all size businesses. It seems likely that this trend will continue. Time allowed employees to vote. 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. 0. Employers must continually monitor these updates and modify their policies accordingly to ensure compliance. NEW YORK STATE (WSYR-TV) — With a new year comes new laws, and a few of the laws set to go in place will affect a lot of people in 2020. New York – After failed attempts in 2019, Governor Cuomo has again made marijuana legalization a top priority in 2020.

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