On Nov. 10, 2021, the New York City Council passed a bill that regulates employers and employment agencies’ use of “automated employment decision tools” in making employment decisions. The bill was returned without Mayor Bill de Blasio’s signature and lapsed into law on Dec. 11, 2021. The new law takes effect on Jan. 1, 2023. This new law is part of a growing trend towards examining and regulating the use of artificial intelligence (AI) in hiring, promotional and other employment decisions.

Read More >> New York City’s New Law Regulating the Use of Artificial Intelligence in Employment Decisions

On Jan. 15, 2022, the New York City council amended the City Human Rights Law to encourage equity and transparency in pay.¹ This amendment is part of larger national trend towards greater pay transparency. Several states have adopted similar laws, and the New York State legislature has introduced pay transparency legislation which is currently under consideration. On March 22, 2022, the City’s Commission on Human Rights issued guidance for employers providing some much-needed clarity in advance of the effective date. This blog post will outline the requirements of the new law, informed by that guidance, and it will provide recommendations for what employers can do now to get ready for this new compliance obligation.

Read More >> New York City Pay Transparency Law Update

Ever since the New York State Department of Labor (NYSDOL) announced an increase in the minimum wage from $12.50 per hour to $13.20 per hour in areas outside of New York City, Nassau, Suffolk and Westchester counties effective Dec. 31, 2021, we have been expecting a proportionate increase in the minimum weekly salary to qualify for the executive and administrative exemptions. For the last few years, the minimum weekly salary to qualify for the executive and administrative exemptions has been 75 times the minimum hourly wage. The NYSDOL has confirmed that this proportionate increase will occur effective on Dec. 31, 2021.

Read More >> The New York Minimum Salary Level to Qualify for the Executive and Administrative Exemptions Will Increase

The following article ran in the August 2021 edition of WestView News and is reprinted here with permission. 

Effective as of July 5, 2021, New York City fast food employers may only discharge employees for just-cause. This new law effectively chips away at the American tradition of at-will employment. 

Read More >> New York City Fast-Food Employers Beware: Just-Cause Needed for Firing

The Fair Chance Act (FCA), which was added to the New York City Human Rights Law (NYCHRL) on Oct. 27, 2015, provides “fair chance” protections to workers with criminal convictions and limits when and to what extent employers can consider an individual’s criminal history in making employment decisions. On July 15, 2021, the New York City Commission on Human Rights (NYCCHR) issued new guidance¹ interpreting key amendments to the FCA that go into effect on July 29, 2021. 

Read More >> NYC Amends Fair Chance Act

“How is my hair? Does it look OK?” With employees returning to onsite work, questions regarding employers’ grooming and dress code policies are bound to crop up. When responding, employers should be cognizant of the fact that their dress code and grooming policies must comply with expanding legal protections against discrimination based on race-based hairstyles. 

Read More >> How is My Hair? A Brief Review Of Hairstyle Discrimination In The Workplace

On March 3, 2021, New York City Mayor Bill de Blasio signed Executive Order No. 64 that requires outside entities that contract with New York City agencies for “human services” to report information related to sexual harassment complaints. 

“Human services” is defined as services provided to third parties, including social services such as day care, foster care, home care, homeless assistance, housing and shelter assistance, preventive services, youth services, and senior centers; health or medical services; legal services; employment assistance services, vocational and educational programs; and recreation programs. N.Y.C. Admin. Code § 6-129(c)(21). 
 

Read More >> New NYC Sexual Harassment Reporting Requirement for Human Services Contracts

On April 1, 2021 the New York State Department of Health (NYSDOH) officially updated its Interim Guidance for Quarantine Restrictions on Travelers Arriving in New York State to remove the quarantine requirement for domestic travelers arriving in New York State from other U.S. States or territories. This updated guidance document has been anticipated since Governor Cuomo announced on March 11, 2021, that the domestic traveler quarantine requirement would be lifted on April 1. 

Read More >> New York Officially Lifts Travel Quarantine Requirement for Domestic Travelers

On September 30, 2020, New York City’s amendments to the Earned Sick and Safe Time Act (ESSTA) became effective. The revisions changed ESSTA to be consistent with the New York Paid Sick Leave Law, and also added other requirements for employers. More information regarding the scope of these changes and their impact on employers can be found in our prior blog post.

Read More >> Employers with Employees in NYC Must Distribute Updated Earned Sick and Safe Time Notice Today

On September 28, 2020, New York City Mayor Bill de Blasio signed a bill amending the Earned Sick and Safe Time Act (ESSTA). The amended ESSTA took effect on September 30, 2020. Although the intent of the amended law was to make ESSTA synchronous with the New York State Paid Sick Leave Law (NYSSL), the revisions also made significant changes to the law unrelated to the NYSSL. 

Read More >> NYC Amends Earned Sick and Safe Time Act

On July 12, Governor Cuomo signed a bill amending the New York Human Rights Law to prohibit employment discrimination based on "traits historically associated with race, including, but not limited to, hair texture and protective hairstyles."  The term "protective hairstyles" includes, but is not limited to, "such hairstyles as braids, locks, and twists."  This amendment took effect immediately upon the Governor's signature.

Read More >> New York Amends the Human Rights Law to Prohibit Discrimination Based on Traits Historically Associated With Race (Such As Hair Texture and Protective Hairstyles)

In 1980, the New York Court of Appeals (the highest court in New York) held that the prohibition against "marital status" discrimination contained in the New York State Human Rights Law includes only discrimination based on the status of being married or not married, and does not prevent an employer from taking an adverse employment action against an employee based on the identity or occupation of a person's spouse.  In that case, Manhattan Pizza Hut, Inc. v. New York State Human Rights Appeal Board, the Court upheld the employer's decision to discharge the plaintiff because her husband was employed as her supervisor in violation of the employer's anti-nepotism policy.  In a recent decision, however, the First Department Appellate Division adopted a more expanded definition of marital status discrimination under the New York City Human Rights Law.

Read More >> The First Department Appellate Division Adopts An Expanded Definition of Marital Status Discrimination Under the New York City Human Rights Law