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

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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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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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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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Second Circuit: ADA Protects Against a Hostile Work Environment

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March 6, 2019

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In Fox v. Costco Wholesale Corp., the Second Circuit Court of Appeals stated that hostile work environment claims may be brought under the Americans with Disabilities Act (ADA). There, an employee who had Tourette’s Syndrome and OCD claimed he was subject to a hostile work environment because of his medical conditions, including mocking his disability over a significant period of time and with the employer’s knowledge. Specifically, the court stated that the prohibition of discrimination under the ADA includes prohibiting workplace harassment, similar as with Title VII claims. The court indicated that there was sufficient information alleged that would allow the case to proceed. Employers should take care to consistently enforce anti-discrimination and harassment policies.

Action Item

  1. Review the decision here.
  2. Have discrimination and harassment policies reviewed for compliance.
  3. Have employees regularly trained on discrimination and harassment prevention.
  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

New York: Voting Paid Time Off Leave Revised

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April 1, 2019

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New York Election Law § 3-110 now provides for up to three hours of paid time off to vote, provided a request is made at least two working days prior to an election. Employers may designate the voting time be taken at the beginning or end of a shift. These changes were made in passing the state’s yearly budget. Previously, two hours of paid voting leave was only required if an employee did not have a four hour window to vote before or after a shift. Now, the paid requirement is increased and there is no requirement of an inability to vote due to an employee’s shift.

Action Items

  1. Update projected budgets to account for paid voting leave.
  2. Have employee handbooks and voting policies revised for compliance.
  3. Revise voting leave processes in accordance with the new rules.
  4. Update voting posters for consistency with the new rules.
  5. 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

April Updates

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This Short List addresses the following topics:
  1. OFCCP: Corporate Scheduling Announcement List Published for Federal Contractors
  2. VEVRAA Hiring Benchmark Lowered for Affirmative Action Plans
  3. Fifth Circuit: Independent Contractor Classification in Oilfield Industry Re-visited
  4. California: NEW Posting Requirement as of April 1, 2019
  5. California: Required Employee Pamphlets Updated
  6. California: Employers Are Liable for Wage and Hour Claims Without Accurate Time Records
  7. Reminder: San Francisco 2018 Employer Reporting Deadline is April 30, 2019
  8. San Francisco, CA: Minimum Wage to Increase July 1, 2019
  9. Massachusetts: State and Federal Overtime Exemptions are Not Identical
  10. Michigan: Paid Sick Leave FAQ’s and Poster Released
  11. New York: 24-Hour Home Care Pay Decided by Court of Appeal
  12. Oklahoma: Medical Marijuana Accommodations Clarified
  13. South Carolina: Labs Liable to Workers for False Positive Drug Tests

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New York, NY: Commission Publishes Enforcement Guide on Hair-Based Race Discrimination

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February 18, 2019

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The New York City Human Rights Law (NYCHRL) protects individuals from discrimination based upon hairstyles associated with racial, ethnic, or cultural identities.  In February, the Commission tasked with enforcement of the NYCHRL published guidance on these protections. Specifically, hair-based discrimination is defined as a subset of race discrimination, pointing to historical bans on natural hair or hairstyles typically associated with the Black community (e.g., afros, cornrows, locs, etc.).  Employers should beware of dress and grooming policies that (intentionally or unintentionally) violate this right.  The guidance provides examples of unlawful grooming requirements, including:

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March Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court Reversed Ninth Circuit Equal Pay Ruling Based on Judge’s Death
  2. Fifth Circuit: Restated Its Position that Title VII Does Not Protect Sexual Orientation
  3. California: Guidance on New Agricultural Overtime Pay Requirements
  4. Alameda, CA: City Minimum Wage Increases to $13.50 in July, Regardless of Employer Size
  5. Florida: Miami Beach Minimum Wage Struck Down
  6. Illinois: $9.25 Minimum Wage by January 2020, With New Possible Penalties
  7. Minneapolis, MN: Minimum Wage Increase Approved
  8. New Jersey: $10 Minimum Wage in July 2019, $15 by 2024
  9. Westchester County, New York: Bans the Box
  10. Portland, Oregon: Prohibits Discrimination Against Atheists and Agnostics
  11. West Virginia: Federal Law Enforcement Pension Freed From State Taxes

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New York: Statewide Gender Identity and Transgender Anti-Discrimination Law Passed

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February 24, 2019

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While New York City expands protections for sexual and reproductive health decisions, New York State also made a move to expand the list of protected categories set forth in the New York State Human Rights Law (NYSHRL). Specifically, the state legislature passed the Gender Expression Non-Discrimination Act (GENDA), which adds “gender identity or expression” to the list of protected classes under the NYSHRL. Discrimination, including workplace discrimination, based on a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristics are prohibited.

Action Items

  1. Have anti-discrimination policies and training materials updated for compliance with the new requirements.
  2. 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

February Updates

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This Short List addresses the following topics:
  1. REMINDER: Post Form 300A in the Workplace
  2. Upcoming Changes to H1-B Applications
  3. Recent OSHA Updates
  4. Department of Labor Penalty Increases
  5. California: Human Trafficking Required Posting Available; DE 2588 Form Updated
  6. California: Labor Commissioner Publishes Blacklisted Port Trucking Companies
  7. Daly City, CA: Minimum Wage Increases on February 13rd
  8. Fremont, CA: Minimum Wage Increases to $13.50 per Hour and Beyond
  9. Michigan: New Employee Protections for State Contractors and Workers
  10. Missouri: Delegation Clauses in Arbitration Agreements Must Be Enforced
  11. New Mexico: State Fair Pay for Women Act Applies to Public and Private Employers
  12. New York: Paid Family Leave Benefit Increases
  13. Ohio: Franchisors are Not Joint Employers
  14. Pennsylvania: Employers Must Protect Electronic Employee Information
  15. Philadelphia, PA: Minimum Wage Increases for City Workers and Contractors

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