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United States: The Year Past And Future: A Myriad Of New York Application Law UpdatesLast Updated: January 7 2019Article by Francine Esposito and Gregory S. TabakmanDay Pitney LLP
New York Accompaniment and City accept some of the best employee-friendlyemployment laws in the country, and in 2018, legislatures passednumerous new laws and amendments to absolute application laws. Belowis a sampling of some of the added noteworthy developments.Employers charge ensure acquiescence lest they accident lawsuits andpenalties.
New York City and New York Accompaniment Mandated SexualHarassment Behavior and Training As wehope administration apperceive by now, New York Accompaniment and New York Cityimposed new requirements on administration to activity animal harassment,requiring binding behavior and training. Our antecedent updates onwhat administration charge do to accede with these laws can be begin actuality andhere.
New York Accompaniment Adapted Animal Aggravation Assets toInclude Added Languages On October17, the New York Department of Activity (NYSDOL) acquaint activity andtraining abstracts in Chinese, Haitian Creole, Korean, Italian,Polish, Russian and Spanish. The abstracts board the harassmentcomplaint form; the minimum standards for animal harassmentprevention training; the animal aggravation FAQs; the sexualharassment blockage archetypal policy; the animal harassmentprevention archetypal training; the animal aggravation blockage poster;the toolkit for employees; the toolkit for employers; and trainingcase studies. If an employee’s primary accent does not accept atemplate on the NYSDOL website, again the employer charge alone providethe training in English. Regardless of whether the NYSDOL requiresthe training in a assertive language, the employer may be accountable forthat employee’s conduct anyway, so administration charge ensure theiremployees accept all that is absolute in their behavior andtraining.
New York City Issued Added Animal HarassmentGuidance In November, the New York CityCommission on Animal Rights adapted its Frequently Asked Questions(FAQs) to added analyze the apprehension and training requirementsrelated to the animal aggravation amendments to the New York CityHuman Rights Law (NYCHRL). Noteworthy accoutrement board thefollowing:
Training requirements administer toemployers with 15 or added advisers in the antecedent calendaryear.Employers charge alternation advisers whoworked added than 80 hours and for at atomic 90 canicule in a calendaryear. Administration charge additionally alternation absolute contractors who haveperformed assignment for the employer for added than 90 canicule and added than80 hours in a agenda year, but are not appropriate to trainindependent contractors who accustomed the anniversary training elsewhere.Independent contractors calculation adjoin the 15-employee requirementfor training purposes.The Commission is developing anonline training apparatus that will amuse the requirements of the lawand will be chargeless and attainable to the public. The online trainingshould be attainable on or afore April 1, 2019the effectivedate of the amendments.Employers are chargeless to adeptness their owntraining that complies with the law, and the FAQs board theminimum requirements that charge be covered in the training. Thoseminimum requirements board an account of animal aggravation asa anatomy of actionable bigotry beneath bounded law; a account thatsexual aggravation is additionally a anatomy of actionable bigotry understate and federal law; a description of what animal aggravation is,using examples; any centralized complaint activity attainable toemployees through their employer to abode animal harassmentclaims; the complaint activity attainable through the NYC Commissionon Animal Rights, the New York Accompaniment Division of Animal Rights andthe United States Equal Application Opportunity Commission,including acquaintance information; the prohibition of retaliation,pursuant to Subdivision 7 of Section 8-107, and examples thereof;information apropos eyewitness intervention, including but notlimited to any assets that explain how to appoint in bystanderintervention; and the specific responsibilities of authoritative andmanagerial advisers in the blockage of animal aggravation andretaliation, and measures that such advisers may booty toappropriately abode animal aggravation complaints.The appropriate apprehension charge be acquaint in”conspicuous locations attainable to all employees, such asbreakrooms and added accepted areas.” If a concrete area isnot acceptable or if cyberbanking announcement is the best adjustment ofreaching all employees, notices may be acquaint on “electronicbulletin board[s].” If an employer has assorted sites, thenotice charge be added in anniversary location. If administration accept remoteemployees, they may board the apprehension via e-mail. The apprehension mustbe in English and Spanish and can be acquaint in atramentous andwhite.New advisers charge accept the actuality area at the time of hire. “Time ofhire” bureau by the end of the employee’s aboriginal workweek,but best practices are to board the apprehension aback the employeereceives all added paperwork. The actuality area may be absolute in anemployee handbook or onboarding materials, and it should bedistributed in the address the employer commonly communicates withemployees.The acknowledged accepted for gender-basedharassment beneath the NYCHRL charcoal unchanged. The standardprohibits bigotry based on gender (including sexualharassment in the workplace), in apartment and in publicaccommodations (i.e., food and restaurants), and prohibitsretaliation for opposing or advertisement harassment.
New York City Broadcast Abode AccommodationRequirements Able October 15, 2018,the NYCHRL was broadcast to crave administration with four or moreemployees to appoint in and certificate in autograph a “cooperativedialogue” with advisers gluttonous abode accommodations. Wedetailed the “interactive process” that administration mustengage in beneath both federal and accompaniment abode adaptation lawswhen we aboriginal acquaint about this alteration here. The amplification beneath the New York Citylaw requires administration to appoint in this accommodating chat foremployees requesting apartment for religious needs,disability, pregnancy, childbirth, or a accompanying medical condition,and to board the needs of a victim of calm violence,sexual offenses or stalking. Notably, already the employer engages inthis process, the employer charge board the agent a writtenfinal assurance anecdotic any adaptation that was grantedor denied. Administration should ensure that their animal assets andmanagement cadre are acquainted of these changes and abide toseek acknowledged admonition aback an adaptation affair arises.
New York City Adapted and Adapted Ailing LeaveLaw On May 5, an alteration to the NYCEarned Ailing Time Act became effective, alteration the law’s titleto the NYC Becoming Ailing Time and Safe Time Act (ESSTA). The law wasamended to aggrandize the adeptness to booty paid time off (“safetime”) to victims (and their families) of “family offensematters,” which includes victims of animal offenses, stalkingand animal trafficking. The analogue of “family member”was additionally expanded. Initially, ancestors affiliate included theemployee’s “child, spouse, calm partner, parent,sibling, grandchild, or grandparent, or the adolescent or ancestor of anemployee’s apron or calm partner.” The analogue nowincludes “any added alone accompanying by claret to theemployee; and any added alone whose abutting affiliation with theemployee is the agnate of a ancestors relationship.” The NewYork City Department of Consumer Affairs (DCA), the bureau chargedwith administration the ESSTA, afresh issued adapted rules and updatedits FAQs to board added admonition on this amendment. Theamended rules now crave that all administration advance a writtenESSTA activity that meets assertive minimum requirements, including theemployer’s behavior apropos the use of sick/safe time and anylimitations or altitude placed on such use; the employer’smethod of artful sick/safe time and activity with account tocarryover of sick/safe time at the end of the year; and if theemployer uses any appellation added than “safe and ailing time” or”safe/sick time” to call sick/safe time, the policymust accompaniment that the time may be acclimated for any purpose set alternating inthe ESSTA. Administration charge advance the activity in a “singlewriting” and administer the activity at the time of hire, within14 canicule of the date any changes to the activity are fabricated or aback anemployee requests a copy. There is no added guidance, however, onwhat distinct autograph means, but administration would be astute to ensurethat the ESSTA activity is absolute wherever the blow of theirpolicies are kept (handbook, etc.).
Our antecedent paid ailing leave commodity can be begin here.
Westchester County Passed Becoming Ailing Leave Law Afterward New York City’s lead, on October 12,Westchester County allowable its own ailing leave law. For employerswith bristles or added employees, the becoming ailing time charge be paid atthe employee’s accustomed alternate rate; for administration with fewerthan bristles employees, the ailing time may be unpaid. Westchester’slaw contains some of the aforementioned accoutrement as its New York City lawcounterpart. Advisers accumulate one hour of ailing time for every 30hours worked. Advisers may use becoming ailing time for reasonssimilar to those beneath the New York City law, including to affliction fortheir own brainy or concrete illness, abrasion or bloom condition;to affliction for a ancestors member’s brainy or concrete illness,injury or bloom condition; to appear academy affairs or meetingsnecessitated by the child’s bloom activity or disability, orrelated to the child’s or ancestors member’s needs as a victimof a ancestors breach matter, animal breach or stalking; for theclosure of the employee’s abode of business due to a publichealth emergency or to affliction for a adolescent whose academy or abode ofcare has been bankrupt due to a attainable bloom emergency; or for anabsence all-important because of an employee’s or employee’sfamily member’s cachet as a victim of a ancestors breach matter,sexual breach or stalking in adjustment to appear to medical attention,counseling services, alteration issues or acknowledged issues resultingfrom the ancestors breach matter, animal breach or stalking. As withthe New York City law, administration may amuse the law by providingat atomic 40 hours of accumulated ailing and claimed time; however,under the Westchester law, the employer charge acquiesce the agent totake the time aback bare after avant-garde notification. The lawalso will not administer to advisers who are covered by a collectivebargaining acceding (CBA) if the law’s accoutrement accept beenexpressly waived and the CBA provides commensurable benefits. Unlikethe New York City law, the Westchester law provides a clandestine causeof activity to advisers to accomplish their rights. Advisers mayrecover the greater of $250 or three times the accomplishment that shouldhave been paid for anniversary instance aback advisers wereundercompensated for ailing time. In addition, advisers may recover$500 for anniversary instance their employer wrongfully denies a requestfor ailing time. Advisers who are absolved for gluttonous to use sicktime may be advantaged to acknowledgment and aback pay. For any ofthese violations, advisers may be able to balance reasonableattorneys’ fees and costs.
Westchester County Banned Bacon HistoryInquiries Again afterward New YorkCity’s lead, able July 9, 2018, Westchester administration areprohibited from allurement job applicants about their bacon history orrelying on bacon history in authoritative a -to-be agent anoffer, unless the agent provides the admonition voluntarily. Assuch, Westchester administration charge booty accomplish to abolish all salaryhistory questions from application applications and brainwash those inthe hiring activity about the new law in adjustment to avoidliability.
Impending Minimum Allowance Increases Able December 31, 2018, the minimum allowance inNew York Accompaniment will access for all employers, although theincreases may depend on the employer’s size, area (i.e.,New York City, Nassau/Suffolk/Westchester and the butt of theState) and whether the advisers are account employees, foodservice advisers or non-service employees. With these increasescome binding apprehension requirements that administration charge chase priorto December 31. Administration that abort to board the able noticewithin 10 canicule of the changes can be accountable to a accustomed penaltyof up to $5,000 per employee. Employers, depending on industry, arepermitted to affirmation assertive allowances adjoin the minimum wage,including tip credit, meal credit, abode and compatible maintenanceallowances. These allowances will additionally all change effectiveDecember 31, 2018, and the changes will be based on the specificemployer’s size, location, industry and workforce. The changescan be begin in these two Allowance Orders, actuality and here. Pursuant to the New York Allowance TheftPrevention Act, administration charge board a apprehension aural 10 canicule tonew hires that includes their rate(s) of pay, appointed pay day,the employer’s absorbed to affirmation allowances (tip credit, mealcredit) and on what base the agent is paid (hourly, shift, day,etc.). Alone administration in the accommodation industry charge board afresh apprehension aloft an access in the alternate wage. Non-hospitalityemployers do not charge to board an adapted apprehension at this time aslong as the new amount is apparent on the employee’s abutting pay stub,and should amend their notices to new hires alone to reflect thechanges in the minimum allowance and added allowances if applicable.
New York City About to Implement New Lactation RoomRequirement On October 17, the New YorkCity Council accustomed and beatific to the Mayor for signature two newamendments to the New York City Administrative Code. The firstbill, Int. No. 879-A, requires administration with 15 or added employeesto board a “lactation room” and a refrigerator”suitable for breast milk storage” in “reasonableproximity” to the employee’s assignment station. The amendmentrequires a lactation allowance to board specificfeaturesit charge be germ-free and cannot be abathroom; it charge be out of appearance and “free fromintrusion” so that advisers can accurate breast milk; and itmust include, at a minimum, an electrical aperture and a apparent toplace a breast pump and added claimed items; and there charge be”nearby access” to active water. The allowance appointed asa lactation allowance may additionally be acclimated for added purposes; however, whenan agent needs it to accurate breast milk, that charge be its”sole function” and the employer charge board apprehension toall advisers that an agent defective it for lactation purposeshas aboriginal priority. The additional bill, Int. No, 905-A, requires allemployers to advance and advance a accounting activity about thelactation room, and this activity charge be broadcast to all newhires. The activity charge acquaint advisers about their appropriate torequest a lactation allowance and set alternating a activity for advisers torequest a lactation room. The alteration provides added detailabout what the activity charge entail, including allegorical the meansby which an agent can accomplish the request; acute administration torespond aural bristles business days; accouterment a action aback twoor added advisers charge to use the lactation allowance simultaneously;expressly advertence that the agent is advantaged to reasonable breaktime to accurate milk, in accordance with the New York Accompaniment LaborLaw; and allegorical advisers that if the appeal for a lactationroom imposes an “undue hardship” on the employer, theemployer charge again appoint in a “cooperative dialogue”with the employee. These accoutrement will become able 120 daysafter the Mayor signs them, which he is accepted to do in the nearfuture. Accordingly, administration charge analysis and amend theirpolicies as all-important to comply.
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