|
APPLIES TO
Employers with Four or more New York City Employees and Independent Contractors
|
EFFECTIVE
October 13, 2019 |
QUESTIONS?
Contact HR On-Call
(888) 378-2456
|
The New York City Council expanded their existing harassment legislation, once again. This latest revision will ensure that freelancers and independent contractors are protected by the New York City Human Rights Law. The previous law applied to employers that employed four or more employees and allowed them to file complaints with the New York City Commission on Human Rights when they faced harassment or discrimination based on race, religion, gender, or another protected class. The amendment expands this coverage to businesses that employ or engage at least four employees or independent contractors, combined.
Action Items
- Have harassment policies updated.
- Have managers trained on the new requirements.
- Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2019 ManagEase
New York: Expanded Workplace Protections for Victims of Domestic Violence
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with NY Employees
EFFECTIVE
November 18, 2019
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(888) 378-2456
New York has enacted legislation that broadens the definition of “victim of domestic violence” in order to be consistent with the state’s Domestic Violence Protection Act. The New York State Human Rights Law (NYSHRL) defines victims of domestic violence to include those over the age of 16, any married person, or any parent with a child in a situation where either the parent or child is a victim of a qualifying act by a family or household member in violation of the penal code (such as assault, harassment, sexual abuse, stalking, etc.). The qualifying act must result in, or create a substantial risk of, physical or emotional injury to the person or their minor child.
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New York: Implements More Stringent Data Security Requirements for Employers
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers of NY Employees Maintaining Private Data of New York Residents
EFFECTIVE
March 21, 2020
QUESTIONS?
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(888) 378-2456
In order to combat breaches of security placing personal information at risk, the state of New York implemented the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, which requires businesses to implement safeguards for the private information of New York residents, and expands notification requirements when a breach occurs. The SHIELD Act is quite broad and can apply to any employer who maintains private information of New York residents, even those outside the state.
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New York, NY: Human Rights Law Expanded Again
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Employers with Four or more New York City Employees and Independent Contractors
EFFECTIVE
October 13, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The New York City Council expanded their existing harassment legislation, once again. This latest revision will ensure that freelancers and independent contractors are protected by the New York City Human Rights Law. The previous law applied to employers that employed four or more employees and allowed them to file complaints with the New York City Commission on Human Rights when they faced harassment or discrimination based on race, religion, gender, or another protected class. The amendment expands this coverage to businesses that employ or engage at least four employees or independent contractors, combined.
Action Items
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2019 ManagEase
Washington: Salary History Inquiry Ban and Sexual Harassment Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Certain Employers with WA Employees, as indicated
EFFECTIVE
As Indicated
QUESTIONS?
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(888) 378-2456
The Washington Legislature has enacted a number of laws over the past few months. Below is a summary of legislative updates and key court decisions that impact employers.
Salary History Inquiry Prohibition
Yet another statewide salary history ban! Like Illinois and Nevada, the Washington legislature amended the state’s Equal Pay Act to prohibit salary history inquiries in an effort to promote fair pay practices. As of July 28, 2019, employers may not seek salary history information from applicants, though employers are permitted to verify information voluntarily disclosed by the applicant, or after the employer has extended an offer of employment containing compensation.
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October Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Varies
EFFECTIVE
Varies
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DOL Issues Final Rule on Changes to Overtime Exemptions
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers Subject to the FLSA
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January 1, 2020
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The U.S. Department of Labor (DOL) recently issued the final rule updating the salary requirements for overtime exempt classifications. For executive, administrative, professional, and computer professional exemptions, the salary threshold will increase from $455 to $684 per week (equivalent to $35,568 per year). Where state overtime exemptions are more strict, the federal rule will not impact those jurisdictions.
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DOL Issues Opinion Letter on Using FMLA Leave for Child IEP Management
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers Subject to FMLA
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August 8, 2019
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(888) 378-2456
The U.S. Department of Labor (DOL) recently announced a new opinion letter from the Department’s Wage and Hour Division (WHD) on whether or not leave may be taken under the Family and Medical Leave Act (FMLA) in order to attend a Committee on Special Education (CSE) meeting to discuss the Individualized Education Program (IEP) of the employee’s child.
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Expanded Moral Exemptions to ACA’s Contraception Mandate Struck Down Again
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers Subject to the ACA
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July 12, 2019
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(888) 378-2456
In Commonwealth of Pennsylvania v. President of the United States, the Third Circuit Court of Appeal stated that the Trump administration’s rules expanding employer exemptions to the contraceptive mandate for religious or moral objections were not enforceable. Specifically, the final rules failed to follow the proper administrative procedures for enacting rules, because no public comment period was offered. Additionally, the court stated that the rules were not authorized by law, making them arbitrary, capricious, and an abuse of discretion.
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8th Circuit: Arbitration Agreements Must Be Enforceable Contracts
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with AR, IA, MN, MO, NE, ND, and SD Employees
EFFECTIVE
July 15, 2019
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(888) 378-2456
In Shockley v. PrimeLending, the Eighth Circuit Court of Appeal reminded employers that arbitration agreements must be enforceable contracts. There, the employer’s mandatory arbitration agreement and delegation clause existed only in its Handbook Addendum. The employee had received the Addendum electronically, which only required her to click on the Addendum link to generate an automatic acknowledgement that it was reviewed. There was no evidence that the employee had actually ever opened the Handbook or Addendum and reviewed the arbitration policy.
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9th Circuit: De Minimis Rule Does Not Apply to Regular Work Activity Regardless of How Little Time is Spent
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with CA Employees
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June 28, 2019
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In Rodriguez v. Nike Retail Servs., Inc., the Ninth Circuit refused to apply the de minimis rule to time employees spent participating in security checks after clocking out, even though the time spent could have been less than a minute. The de minimis rule allows employers to forego paying employees for short, uncertain and indefinite periods of time that are irregularly worked off the clock.
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