In addition, employers should take note of the following issues as they plan for the year ahead. New York-based firms could breathe a sigh of relief on New Year’s Day when Governor Andrew Cuomo vetoed the Securing Wages Earned Against Theft Act (SWEAT), which would have given employees the ability to place liens on their firm’s assets with respect to “wages” allegedly due to the employees. Employers are encouraged but not required to proactively state in their job postings that they do not seek salary history information from job applicants. From 12/31/2019 to 12/30/2020, the basic minimum wage is $11.80 per hour in most of New York State. This legislation goes into effect on January 6, 2020. 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 April 3, 2020, Governor Cuomo signed into law New York’s Paid Sick Leave law. 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. On September 30, 2020, section 196-b of the New York State Labor Law went into effect. Menu Home About Services Contact Search. In addition, the law restricts employers from accessing an employee’s personal information regarding the employee’s or the employee’s dependent’s reproductive health decision-making. 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. The prohibition on inquiring into salary history also includes inquiries into benefits and other forms of compensation the employee or applicant received from prior employers. Effective January 1, 2020: Under New York law, settlements of employment discrimination claims cannot prevent complainants from speaking to an attorney, the New York State Division of Human Rights, the U.S. Because New York’s salary threshold is greater than the federal FLSA threshold, New York employers must comply with the state threshold for administrative and executive exemptions. The term “applicant” expressly includes part-time, seasonal and temporary workers. A searchable directory of the comprehensive jurisdictional and local coverage XpertHR offers to help employers ensure they are compliant with US employment laws. Effective May 10, 2020, it is considered an unlawful discriminatory practice in New York City for an employer, labor organization, or employment agency to require a job applicant to submit to a marijuana test as a condition of employment. However, New York’s minimum salary threshold applies only to the administrative and executive exemptions, not the professional exemption. Skip to content . The law provides that employees can accrue sick leave time based on hours worked. 2020 has, of course, been dramatically different. In that event, an employer may confirm salary information. Register to Access. This legislation goes into effect on January 6, 2020. 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.. Read the details about which employers are covered by this legislation, what actions are prohibited, exceptions, and enforcement. This may lead courts to depart from parallel analysis with federal employment laws, similarly to how courts now analyze New York City Human Rights Law (“City Human Rights Law”) claims separately and apart from claims under its federal law counterparts. The New York City Commission on Human Rights, the agency charged with enforcement of the NYCHRL, has the authority to impose up to $250,000 in sanctions for intentional violations of the law. The selection feature during registration helps in increasing the relevance of the content of the emails. As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020. Enter your email address to instantly generate a … In New York City, it is now $15.00 per hour for all size businesses. 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. That means you can’t rely on an applicant’s wage or salary history in determining whether to offer employment to that individual or in determining that individual’s wages. That said, employers should avoid any disciplinary action against employees who are certified medical marijuana users, as they may be considered to have a recognized disability under New York law. Compliance with the draft of new New York legislation should be on every employer’s list of New Year’s resolutions. In the absence of such language, NDAs will be void and unenforceable to the extent they prevent disclosure of factual information related to any future claims of discrimination. Become your target audience’s go-to resource for today’s hottest topics. Labor Law. New York State and New York City Minimum Wage Increases. Some new laws make significant changes while others make smaller changes to existing law. And, effective August 12, 2020, the statute of limitations for reporting claims of sexual harassment to … The Bureau of Public Work administers the following articles of the New York State Labor Law: Article 8 (Public Work) Article 8-A (Grade Crossing Elimination Work) Article 9 (Prevailing Wage for Building Service Employees) The NYS Labor Law is posted on the NYS Legislative website. Ellen Bardash | December 17, 2020. New York employers should review their recruiting, interviewing, and hiring practices, as well as their promotion and internal transfer materials, to ensure compliance with the New York State and City bans on salary history inquiries. Terminating workers under these exceptions could afford employees the right to take legal action. The law provides guaranteed paid sick leave to many of New York’s workers. Anniken Davenport. Employers need to be aware of a few significant new 2020 employment laws that may affect their daily business operations, policies and employees. On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a … These legal obligations are spelled out in New York’s Election Law and are summarized below. On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill.This legislation, once effective, will overhaul New York’s antidiscrimination laws and uproot precedent that employers have relied upon for decades in defending harassment claims. PRINT TO PDF . New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. 1415-A and Proposed Int. November 18, 2019. New York City amended its Human Rights Law (NYCHRL) to prohibit inquiries into applicants’ salary histories during the hiring process. Need info about New York's employment and labor laws? This change is effective January 1, 2020 and reflects an increase from the current $23,660 annual salary (or $455 per week). The COVID-19 pandemic has shut down many levels of government for varying periods of time. Effective May 10, 2020, New York City employers are prohibited from requiring job applicants to submit to a pre-employment drug test that screens for cannabis. This new legislation is relatively unclear about whether and how an employer can use a current employee’s available salary information for promotions. Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices accordingly. New York City passes key amendments to paid safe and sick leave law. New York City first adopted a local paid sick leave law … Most of the new employment laws are are effective on January 1, 2020. The New HR Rules: Employment law updates for 2020. As of mid-April 2020, the coronavirus pandemic has caused the loss of approximately 22 million jobs in the United States, based on the number of unemployment claims around the country since early March. Minimum wage. Likewise, effective February 8, 2020, the New York State Human Rights Law will be expanded to include all employers in the state, regardless of size. New York City Human Rights Law Effective January 11, 2020, the City law will apply to independent contractors. We encourage employers with New York operations to review our prior guidance, particularly with regards to compliance with harassment and discrimination laws. 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. I would recommend it to other attorneys.”, © Copyright 2006 - 2020 Law Business Research. 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