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Second Circuit: Trafficking Victims Protection Act Creates a Civil Remedy for Immigrants Lawfully in the Country as Temporary Guest Workers

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All Employers of CT, NY, and VT Employees with Temporary Work Authorization Status

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July 25, 2019

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In Adia v. Grandeur Management and Raja Younas, the 2nd Court of Appeal stated that immigrants could bring a civil lawsuit against employers who violate the Trafficking Victims Protection Act (TVPA). Forced labor under the TVPA can occur when a person knowingly obtains labor by abuse or threat, or by a pattern or scheme to cause belief that, if labor is not performed, there would be serious harm or physical threat.

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New York: Expanded Workplace Protections for Victims of Domestic Violence

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November 18, 2019

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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

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All Employers of NY Employees Maintaining Private Data of New York Residents

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March 21, 2020

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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

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Employers with Four or more New York City Employees and Independent Contractors

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October 13, 2019

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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

  1. Have harassment policies updated.
  2. Have managers trained on the new requirements.
  3. 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: Get Ready for Expansive State Discrimination Law Reforms

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All Employers with NY Employees

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As indicated

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The New York legislature recently passed an omnibus bill that will amend a number of existing laws, greatly expanding the state’s expansive workplace harassment and discrimination protections.  In addition, the amendments will cover all New York employers of any size. Governor Cuomo is expected to sign the bill shortly. Key changes are noted as follows.

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New York: Tax Credit for Hiring Recovering Substance Abusers

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All Employers with NY Employees

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January 1, 2020

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The state budget for 2020 includes an Employer Recovery Hiring Tax Credit. Specifically, employers will receive a credit of up to $2,000 for each person in drug abuse recovery it employs, including in full-time and part-time positions. Eligible employees are those who have worked a minimum of 500 hours for the employer, have a substance use disorder, are in a state of wellness without signs and symptoms of active addiction, and have completed a course of treatment or are being treated for the substance use disorder.

To be certified for the tax credit, employers must provide a recovery-supportive environment for their employees evidenced by a formal working relationship with a state-certified, local recovery or treatment provider. Employers must also apply for the credit by January 15th each year for credits claimed in the previous year. Applications for the first year of the tax credit are due by January 15, 2021 for credits claimed during the 2020 tax year. A tax credit certificate will be issued by March 31st if approved.

Action Items

  1. Review Part W of Bill No. S1509-C
  2. Have substance abuse policies reviewed for coordination with hiring recovering substance abusers.
  3. Prepare for implementing recovery-supportive procedures and application deadlines.
  4. 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

Westchester County, NY: Paid Safe Time Ordinance Adds New Protected, Paid Leave

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All Employers with Westchester County Employees

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October 30, 2019

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Employers with employees in Westchester County should already be familiar with the local Earned Sick Leave Law, which outlines provisions for paid or unpaid sick leave.  A new ordinance, the “Safe Time Leave Law,” will require private employers to provide additional paid, job-protected leave for victims of domestic violence and human trafficking.

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New York, NY: New Sexual Harassment Prevention Training Video and FAQs Now Available

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All Private Employers with New York City, NY Employees

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April 1, 2019

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Last summer, the New York City mayor signed a packet of bills into law that greatly expanded employee protections and employer responsibilities with regard to sexual harassment prevention.  Among these bills was a new requirement to provide sexual harassment training to employees incorporating specified topics on an annual basis.  Training must be completed by December 31, 2019, although New York state regulations also contain a training requirement that must be fulfilled by October 9, 2019.

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May Updates

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Varies

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Varies

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This Short List addresses the following topics:
  1. California: Registered Fictitious Business Names May Be Listed on Pay Stubs
  2. Indiana: Leaving Work to Voluntarily Testify is Not Protected
  3. Kentucky: Attorneys Must Represent Employers at Unemployment Proceedings
  4. New York, NY: Bans Pre-Employment Marijuana Testing in 2020
  5. New York, NY: Prohibits Discrimination Based on Employee Sexual and Reproductive Health Decisions
  6. Westchester County, NY: Updated Guidance Issued on Paid Sick Leave

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NYC – Pregnancy Accommodations at Work Posting

The NYC Human Rights Law requires all employers with four or more employees to provide reasonable accommodations for employees related to pregnancy, childbirth, and related medical conditions, among other requirements.

One of these requirements is for employers to provide written notice of employees’ rights under the law. The below Posting and Fact Sheet are provided by the NYC Commission on Human Rights and satisfies that posting requirement.