NYC Bans Pre-Employment Marijuana Testing As of May 10, 2020, New York City employers will be prohibited from conducting pre-employment drug testing for THC, the active ingredient in marijuana. A previous analysis on this legislation can be found here. URGENT: Mandatory Coronavirus Paid Leave Poster (FFCRA) As of April 1 2020, all employers in the United States with less than 500 employees MUST display or digitally distribute a Families First Coronavirus Response Act paid leave poster.. 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. 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. Consequently, employers must pay particular attention as year-end approaches to ensure that those positions they intend to keep exempt, remain exempt. The law provides guaranteed paid sick leave to many of New York’s workers. This legislation goes into effect on January 6, 2020. In addition, employers should take note of the following issues as they plan for the year ahead. Effective February 8, 2020: Search . If you have questions, please review our minimum wage information page. Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. Exempt status under both exemptions is based on (1) the payment of a minimum exempt salary; and (2) whether the employee meets the duties test of the applicable exemption. Compliance with the draft of new New York legislation should be on every employer’s list of New Year’s resolutions. Accordingly, New York employers who rely upon the professional exemption must only comply with the federal salary threshold. 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 also saw an increase on December 31, 2019, which brought the minimum wage for … The selection feature during registration helps in increasing the relevance of the content of the emails. Subject to exceptions for a limited number of specific occupations (e.g., police officers, commercial truck drivers), the new law considers it an “unlawful discriminatory practice” to require applicants for employment to “submit to testing for the presence of any tetrahydrocannabinol or marijuana.”. 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 or dependent’s reproductive health decision-making, including, but not limited to, a decision to use or access a particular drug, device or medical service.”. Need info about New York's employment and labor laws? In … 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. On August 12, 2019, Governor Cuomo signed in to law legislation that expands worker protections under the New York State Human Rights Law (NYSHRL). But we’re going to focus on the local level. There are different minimum wage rates for: the fast food industry; Long Island; Westchester County; and New York City. 1396-A, that would fundamentally alter the employer-employee relationship for fast food employers in New York City.These two bills will now move to the full City Council for a vote scheduled for Thursday, December 17, 2020. Potential remedies also include injunctive relief and attorneys’ fees. Menu Home About Services Contact Search. Enter Search Terms. Some new laws make significant changes while others make smaller changes to existing law. This poster describes new laws that mandate paid leave for employees affected by the COVID-19 / Coronavirus epidemic. As of December 31, 2019, the minimum wage for New York employers is: New York has increased the minimum salary an employee must be paid in order to qualify for the administrative or executive exemption under state wage and hour law. The New York State Department of Labor has issued new guidance clarifying employers’ obligations under the law. These legal obligations are spelled out in New York’s Election Law and are summarized below. Become your target audience’s go-to resource for today’s hottest topics. The seasoned New York employment discrimination attorneys of Gerstman Schwartz LLP are adept at helping employees pursue justice via civil lawsuits, and if you retain our services, we will work diligently to help you seek a fair outcome. However, New York’s minimum salary threshold applies only to the administrative and executive exemptions, not the professional exemption. HIPAA May Apply to Employer COVID-19 Testing Programs, California Court Bans Cannabis Billboard Advertising on All Highways That Cross State Line, California's 2021 Minimum Wage Increase to Impact Exempt and Nonexempt Employees. While cannabis use remains illegal under federal law, and is only permitted for medical use in New York and in many other states, an increasing number of states have legalized cannabis use for off-duty recreational purposes. Keep a step ahead of your key competitors and benchmark against them. As we previously reported, all New York State employers are prohibited from inquiring about a job applicant’s (or current employee’s) salary or wage history when interviewing, hiring, promoting or making employment decisions. Ellen Bardash | December 17, 2020. New York City Human Rights Law Effective January 11, 2020, the City law will apply to independent contractors. It surprises many workers to know that New York labor laws about breaks do not require employers to provide any short rest or coffee breaks at any point during a worker's shift. The long-awaited changes to the federal overtime rules were finalized last fall and took effect on January 1, 2020.. November 18, 2019. This change went into effect on August 12, 2019, and applies to all claims filed on or after that date. Additionally, such information cannot be used to justify paying an employee less than employees in other protected classes who are performing substantially similar work under the Equal Pay Act. 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). Because New York’s salary threshold for the administrative and executive exemptions is greater than the federal threshold, New York employers must comply with the higher state threshold for those exemptions. Potential remedies also include injunctive relief and attorneys’ fees. In all the other instances, the employer is not required to pay an employee for the time spent serving on a jury. The law may be read as limiting the prohibition to inquiring about current employee’s. New York law allows a number of exceptions to the state’s at-will employment doctrine. On September 30, 2020, section 196-b of the New York State Labor Law went into effect. The new threshold, also effective January 1, 2020, will be $107,432 annually (up from $100,000). 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. As of December 31, 2019, the minimum wage for most employers in New York state shall be: As of December 31, 2019, the minimum wage for employees of “fast food establishments” working for a chain with 30 or more establishments shall be: We discuss New York fast food minimum wage laws in greater detail here and here. In New York City, it is now $15.00 per hour for all size businesses. In Nassau, Suffolk and Westchester counties, it is $13.00 per hour. This summer, the state repealed a ban on cities setting their own minimum wage. As of December 31, 2019, the salary threshold is increasing significantly, as referenced in our prior advisories (here and here). For details, contact the NYS Department of Labor, Division of Labor Standards office in your area. Colorado could make our list for several reasons. 1415-A and Proposed Int. Questions? The pertinent points are as follows: $13 per hour for Westchester, Nassau and Suffolk County employers, $11.80 for employers in the remainder of New York State, $1,125.00 per week ($58,500 annually) for New York City employers, $975.00 per week ($50,700 annually) for Westchester, Nassau and Suffolk County employers, $885.00 per week ($48,750 annually) for employers in the remainder of New York State. There are different hourly rates for workers in the fast food industry and those who receive tips. 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 … Under the New York state law, individuals have 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. We encourage employers with New York operations to review our prior guidance, particularly with regards to compliance with harassment and discrimination laws. This change is effective January 1, 2020 and reflects an increase from the current $23,660 annual salary (or $455 per week). Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. These rates remain in effect until December 30, 2020. Relief and attorneys ’ fees all size businesses the long-awaited changes to the topics I am interested.. 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