New York regulations on employee scheduling proposed On December 12, 2018, the New York State Department submitted proposed regulations on employee scheduling for public comment. These proposed regulations require employers to compensate employees for unscheduled shifts, canceled shifts and “on-call” shifts. Under the proposed regulations, for unscheduled shifts, the employer must pay the employee an […]
“Cooperative Dialogue” in Employment Law Making a request for accommodations in the workplace can be a stressful and intimidating process for many. Luckily, New York has enacted guidelines to make the process easier for employees and employers. As of October 2018, all New York City employers with four or more employees are required to use […]
Employee misclassification is one of the most common problems in the workplace. In some cases, misclassification is a mistake and an employer just doesn’t understand the different classifications or their responsibilities concerning each type. But in other cases, employers intentionally misclassify employees to avoid providing benefits. If you’ve been misclassified and your employer insists you’re […]
On November 6, 2018, the U.S. Supreme Court issued a unanimous decision in Mount Lemmon Fire District v. Guido, holding that the Age Discrimination in Employment Act of 1967 (“ADEA”) applies to state and federal government employers regardless of their size. In Mount Lemmon, a small Arizona municipal fire department terminated its two oldest employees, […]
Defining “sex” for purposes of Title IX of the Educational Amendments Act of 1972 as meaning a “person’s status as male or female based on immutable biological traits identifiable by or before birth” Earlier this week, the Trump administration announced that it was considering defining “sex” for purposes of Title IX of the Educational Amendments […]
The New York State Division of Human Rights (“NYSDHR”) released the final version of the new sexual harassment policy, along with training guidelines, on October 1, 2018 and the new, updated policy took effect on October 9, 2018. The final policy contains some changes from the earlier proposed version, most notable however, is that employers […]
Effective October 15, 2018, employers in New York City will be required to engage in a “cooperative dialogue” with any person who may be entitled to a workplace accommodation. This recent amendment to the New York City Human Rights Law (“NYCHRL”) expands an employer’s obligation to address possible accommodations with the employee beyond what is […]
On September 7, 2017, New York Governor Andrew Cuomo signed an amendment to Civil Service Law Section 75 extending notice and hearing rights to “Labor Class” employees after five years of continuous service. Previously, Labor Class employees (who were not veterans or exempt volunteer firefighters) were not afforded the right to written disciplinary charges and […]
On July 18, 2018, the new Temporary Schedule Change Law took effect in New York City. Under the law, covered employees have a right to temporary changes to their work schedule for certain “personal events.” All employees who work over 80+ hours per calendar year in NYC and who have been employed by their employer […]
Most people understand the law protects people with disabilities. Laws provide protection for consumers just trying to live normal, healthy lives, as well as those who are employees. Employers are legally required to accommodate employees with disabilities. This includes people with physical disabilities, as well as mental health disabilities. If you’re coping with a diagnosed […]
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