Law Blog

New York Sick Leave Effective September 30, 2020

Sick Leave

The New York Sick Leave Law, effective September 30, 2020, amends the New York Labor Law by adding Section 196-b, mandating that many New York employers provide paid sick leave (SB 7506B, Part J)[1].  Specifically, employees may start to accrue sick leave starting September 30, 2020, and may use the accrued sick leave starting January 1, 2021.  Here are some main points about New York Sick Leave, which takes effect September 30, 2020:

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200 Hits

Can I Be Forced to Take a Drug Test for Marijuana When I Apply for a Job?

THC Chemical Formula
Marijuana Drug Tests and Job Applications

Marijuana laws have begun to shift in recent years. Not only does this affect how use of the drug is handled in general when it comes to legal issues, it also means employers must alter their approach to marijuana use by employees.

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81 Hits

Baez and Santana v. Cayuga Home for Children; Case No.: 20-cv-02912

Home for Children
Judge grants Conditional Certification of Collective Action in the Southern District of New York

Baez and Santana v. Cayuga Home for Children; Case No.: 20-cv-02912

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192 Hits

California Court Orders Uber and Lyft to reclassify their drivers as employees

navigation directions
Independent Contractor vs. Employee

On August 10, 2020, San Francisco Superior Court Judge Ethan P. Schulman recently ordered Uber and Lyft to classify its drivers as employees, in a startling upset to the multimillion-dollar rideshare companies that base their business models on working with drivers as independent contractors rather than hiring them as employees. 

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220 Hits

New York’s Top 5 Wage and Hour Violations and What You Should Do About Them

Wages
Wage and Hour Law

Imagine working hard for your employer only to learn you won’t be paid for your work. It sounds like a nightmare, but it happens more often than people realize. Luckily, there are laws in place that protect workers’ pay and ensure they receive the wage they deserve.

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269 Hits

New York’s Human Rights Law Extends Protection to Small Businesses

rights for all
New York’s Human Rights Law Extends Protection to Small Businesses

The majority of federal laws protecting employees apply only to medium to large-sized businesses. This means that the millions of people who are employed by small businesses across the country do not receive the same protection that others receive just because their employer is smaller. Many of these businesses fall into gaps when it comes to federal anti-discrimination laws and there is little they can do about a violation of their rights.

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288 Hits

Former NHL Player Files Lawsuit Against NBC Claiming Firing Was Anti-Straight Discrimination

hockey

On Friday, July 17, 2020, former NHL player Jeremy Roenick filed a lawsuit in New York State Supreme Court against NBC Sports for wrongful termination.  Roenick’s suit alleges that the network discriminated against him as a straight man by terminating his employment because of off-color remarks he made on a Barstool Sports podcast, in violation New York State’s anti-discrimination sexual orientation and gender discrimination law.  The lawsuit also alleges that NBC Sports breached Roenick’s contract by firing him without cause and failing to provide him with an opportunity to remedy the situation and retaliation for his expressed support of President Trump.

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401 Hits

Suffolk County Limits Employer Inquiries About Job Applicants’ Criminal Histories

check box

On April 27, 2020 Suffolk County joined 14 other municipalities across the state of New York in passing legislation that has come to be known colloquially as “Ban the Box.”  Ban the Box legislation limits or bans employer inquiries into the criminal history of an applicant during the hiring process.  The name refers to the common check box on job applications asking whether the applicant has ever been convicted of a criminal offense.  Under New York state law, such inquiries have been curtailed for public employees under New York State Correction Law 23-A, however there is no statewide provision pertaining to private employers.  As a result, private employer screening of job applicants is dictated by a patchwork of county and municipal ordinances.  Currently, five counties, Albany, Dutchess, Tompkins, Ulster and Westchester, as well as nine cities, Buffalo, Ithaca, Kingston, Newburgh, New York, Rochester, Syracuse, Woodstock and Yonkers, have passed local ordinances banning or limiting employer inquiry into an applicant’s criminal history at different stages of the application process.

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309 Hits

Taveras v. H & W Deli Grocery, Inc., and Pedro Santana, individually, Civil Case No.: 19-cv-05750-GHW

Grocery Cart
New Action filed in the Southern District of New York

Taveras v. H & W Deli Grocery, Inc., and Pedro Santana, individually,Civil Case No.: 19-cv-05750-GHW

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348 Hits

New York Expands Whistleblower Protection Law to Protect Healthcare Workers from Retaliation

Zipped Whistle

Throughout the COVID-19 pandemic many healthcare professionals have turned to social media to express their frustration regarding treating large amounts of COVID-19 patients and the lack of personal protection equipment provided by their employers.  Some of the postings by healthcare professionals have gone viral thereby persuading healthcare corporations to confront the issues raised by their employees to satisfy the public outcry of these viral posts.  As a preventive measure, hospitals around the country have taken a different approach by revising their social media guidelines to silence healthcare workers from speaking out. According to Business Insider, Hospital Corporation of America informed their employees that anyone who publicly discusses their coronavirus policies could face suspension or even termination.  Bloomberg news reported that NYU Langone Health system informed employees that they would face disciplinary action for talking to media outlets without prior authorization. Similarly, New York’s Montefiore Health System required employees to obtain authorization to speak to the press or “speak on behalf of the institution in any capacity, without pre-approval,” as reported in Bloomberg News.

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373 Hits

U.S. Supreme Court Rolls Back Employment Discrimination Protections for Teachers at Religious Schools

Supreme Court United States
Religious School Teachers and Employment Discrimination Protections Under the Law

On July 7, 2020, the United States Supreme Court ruled by a margin of 7-2 that teachers at religious schools whose duties include religious instruction do not receive employment discrimination protections under federal law.

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226 Hits

Hobson v. Manage Transit Corp., and Julissa Curcio, individually, Civil Case No.: 19-cv-02695-RJD-LB

Brooklyn bridge night
New Class and Collective Action filed in the Eastern District of New York

Hobson v. Manage Transit Corp., and Julissa Curcio, individually,Civil Case No.: 19-cv-02695-RJD-LB

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307 Hits

Ruggiero v. The Springs Tavern, Inc., and Charlene Desmet, individually, and Daniel Desmet, individually, Civil Case No.: 19-cv-02429-GRB-AYS

beer taps
New Action filed in the Eastern District of New York

Ruggiero v. The Springs Tavern, Inc., and Charlene Desmet, individually, and Daniel Desmet, individually, Civil Case No.: 19-cv-02429-GRB-AYS

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217 Hits

Supreme Court Rules that Employers are Prohibited from Discriminating Against Employees Due to Sexual Orientation or Gender Identity

US Supreme Court
United States Supreme Court: Employers Prohibition of Discriminating Against Employees Due to Sexual Orientation or Gender Identity

On June 15, 2020, the Supreme Court of the United States ruled that the protections of Title VII of the Civil Rights Act of 1964 (“Title VII”) cover individuals who are discriminated against because of their sexual orientation or gender identity. The Court took on three separate cases where an individual was terminated after disclosing that he or she was homosexual or transgender. Although the plaintiffs in all three lawsuits alleged that they were unlawfully discriminated against because of their sex in violation of Title VII, they received different results from the federal appellate courts.

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440 Hits

U.S. Supreme Court Blocks the Trump Administration’s Attempt to End DACA

US Supreme Court
SCOTUS Blocks Attempt to End DACA

On June 18, 2020, the United States Supreme Court issued a decision blocking The Department of Homeland Security’s (DHS) attempt to end the Deferred Action for Childhood Arrivals program, commonly known as DACA. The decision ensures that DACA recipients can continue to work legally and employers can continue to lawfully employ them. In a 5 to 4 decision written by Chief Justice John G. Roberts, Jr., the Court ruled that DHS failed to provide a reasoned explanation for its action, and thus the Government’s decision to terminate the program was arbitrary and capricious thus violating the Administrative Procedure Act (“APA”).

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318 Hits

Top 5 Times You Need an Employment Lawyer

The number 5
Reasons to hire an employment lawyer.

When you need an attorney, you want someone who has experience dealing with the laws that affect your situation the most. This is true all the time, but it’s especially true when your legal issue has to do with the workplace. Working with an employment lawyer means someone will be protecting your rights and guiding you through the legal system who has a keen understanding of employment laws.

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271 Hits

Is Your Boss Harassing You?

Boss screaming at employee
Employment Law - Harassment by your Boss

If you are harassed by a co-worker, you speak to your boss or the human resources department about it. But what if it’s your boss who is harassing you? You might not feel as comfortable speaking up and reporting it. It’s illegal for your supervisor anyone in your company to retaliate against you, but reporting harassment can lead to discomfort in the workplace. What should you do if your boss is harassing you?

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272 Hits

What You Need to Know about New York’s Lactation Laws

Breast pump
What You Need to Know about New York’s Lactation Laws

New lactation laws went into effect in March 2019 in New York City. The laws stipulate minimum requirements for employers and mandate that there be a written lactation room policy for employees. All employers are also required to create lactation rooms that would be available to employees upon request.

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240 Hits

Top 3 Questions about Breaks and Workday Hours

52063975
Employment Breaks and Workday Hours

Workers in New York City are protected by employment laws that address work hours and breaks during the workday. Some employees are legally entitled to breaks and in some cases, those breaks must be a specific length of time.

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279 Hits

Why Don’t More People Report Sexual Harassment?

Bullhorn
Sexual Harassment Reporting

If you’ve been harassed in the workplace but decided not to report the incident, you aren’t alone. It’s impossible to know exactly how common sexual harassment is because so many people fail to speak out.

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294 Hits

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