new york employment laws 2020

Borrelli & Associates. Time allowed employees to vote. With another busy year for employment law legislation throughout New York State and New York City coming to a close, New York employers should be aware of new employment laws that will take effect in 2020, as well as laws that already took effect in 2019, to ensure compliance with changing obligations. ACA Reporting Solutions, Resource Center 24 states will raise the minimum wage in 2020 We discussed that development in a pair of previous client alerts (available here and here). No longer will job candidates be subjected to questioning about how much they make, or at least not in New … These new thresholds, effective December 31, 2019: Effective Jan. 6, 2020, New York has a new state law that prohibits all employers in the state from asking job applicants and employees about their past salaries or wages. 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. A new law that states that New York employers must grant leave for domestic violence victims took effect on November 18, 2019. 2020 has, of course, been dramatically different. Similarly, businesses should review their agreements with testing labs to ensure that the labs with which they contract do not screen for cannabis as a matter of course. Twenty-one states increased their minimum wage rates on January 1, with four more plus the District of Columbia bumping rates up later in 2020. In the remainder of the state, it is $12.50 per hour. November 18, 2019. 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. On September 30, 2020, covered employees in New York State began to accrue leave at a rate of one hour for every 30 hours worked. In October of … Read about them here. As we previously reported, effective May 10, 2020, New York City’s Fair Chance Act will be amended to prohibit employers from requiring applicants to submit to testing for the presence of marijuana as a condition of employment. Labor And Employment Law Section Fall Meeting (2020) Online Store. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. Continue. Read all the details about the legislation, including exemptions, notice requirement, and use of leave. In Nassau, Suffolk and Westchester counties, it is $14.00 per hour. Looking for an HR solution to manage all your compliance requirements? 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. Business HR Services There are some big changes employers need to know about at the federal, state and local levels. For example, in New York, Election Law § 3-110, which was amended in April 2020, provides that employees are generally eligible for up to two hours of paid time off to vote if they do not have sufficient time outside working hours. For a PDF version of the charts below, click here. Free Consultation: (212) 227-7070. PRINT TO PDF . In the remainder of the state, it is $12.50 per hour. Thus, employers may still prohibit cannabis use at work, conduct reasonable suspicion testing of current employees and testing that arises out of an accident involving a current employee, and discipline employees for working while impaired. NEW YORK STATE (WSYR-TV) — With a new year comes new laws, and a few of the laws set to go in place will affect a lot of people in 2020. The effective date of the amended ESSTA law … Employee eligibility for paid sick leave, wage and hour laws, rules pertaining to independent contractors, and COVID19 considerations have been affected. COVID-19 Updates and Legal Services. Attorney Advertising. In the remainder of the state, it is $12.50 per hour. California has finalized all new employment laws for 2020. Like its state law counterpart, the amendments to ESSTA (the “ESSTA Amendments”) takes effect on September 30, 2020. Anniken Davenport. Some new laws make significant changes while others make smaller changes to existing law. No. On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. As previously summarized, Westchester County has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave. While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions remain regarding employers’ obligations under the law. Compliance with the draft of new New York legislation should be on every employer’s list of New Year’s resolutions. By David Paseltiner on April 13, 2020. This law became effective October 31, 2017. Hours: 8:30 am - 5:00 pm ET. Insurance Below is a recap of the major 2020 changes to employment law in New York and New Jersey. Positions requiring supervision of children and medical patients, Positions requiring federal drug testing, and, New York City employers that conduct pre-employment tests for cannabis may continue to do so until. This new law is in addition to the New York State provisions already in effect providing emergency paid sick time due to COVID-19. On September 28, 2020, New York City Mayor Bill de Blasio signed into law a bill (Intro. a new state law that prohibits all employers in the state from asking job applicants and employees about their past salaries or wages. While certain of those legal requirements became effective in 2019, employers should be aware of the following new requirements, and their corresponding effective dates: Non-disclosure agreements (NDA) entered into as part of employment contracts on or after January 1, 2020 must include an explicit carve-out allowing the employee or potential employee entering into the NDA to speak with “law enforcement, the Equal Employment Opportunity Commission, the state Division of Human Rights, a local commission on human rights, or an attorney retained by the employee or potential employee.”. By way of background, on April 9, 2019, the New York City Council passed (by a 41-4 vote) a bill (Intro. With that in mind, there will be several important changes to New York employment laws in 2020 that employers need to be aware of. ©1996-2020 Davis Wright Tremaine LLP. The New HR Rules: Employment law updates for 2020. Certain employers in the state of New York are required to offer employees with at least 24 consecutive hours of rest in a workweek. In Nassau, Suffolk and Westchester counties, it is $14.00 per hour. This change is effective January 1, 2020 and reflects an increase from the current $23,660 annual salary (or $455 per week). Free Newsletter, Location & Hours Employees begin accruing leave on September 30, 2020. Main Topic. 2020 New York and New Jersey Labor & Employment Law Review. How to Return to Work Safely During COVID-19, Unemployment Insurance Charges Canceled for New York Employers, New Guidance Issued on New York COVID-19 Leave, Here are 6 Benefits of a Culturally Diverse Workplace, $885.00/week (increased from $832.00/week). New York Department of Labor Significantly Expands COVID-19 Quarantine Leave; New Year, New Rules: New York Employees May Begin Taking Paid Sick Leave January 1, 2021; New Employment Laws to Look Out for in 2021; Reminder: Accrual Requirements Under New York State’s New Paid Sick Leave Law Effective September 30, 2020 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. Effective Date. New York State also saw an increase on December 31, 2019, which brought the minimum wage for … The New York State minimum wage increased on December 31, 2020, except in New York City, where it remains $15.00 per hour for all size businesses. Register to Access. 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. But we’re going to focus on the local level. On January 1, 2021, employees may start using accrued leave. Governor Newsom Signs New 2020 Employment Laws. Leave must be accrued at a rate not less than one hour for every thirty hours worked. 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. 0 New York Passes 3 Months Paid Bereavement Leave. WYSIWYG. As of May 10, 2020, most employers in New York City will be prevented from testing for cannabis (marijuana) in pre-employment drug screens. Screening ATS Employment Law Trends 51 . Employment Law, New York, State Developments. Every new year brings new employment laws, and 2020 is no different. The New York State minimum wage increased on December 31, 2020, except in New York City, where it remains $15.00 per hour for all size businesses. This Freeborn & Peters LLP client alert … Employers are prohibited from retaliating against employees who assert their rights under the law. There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. Marijuana Testing in Employment As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. With isolved,GTM’s human capital management solution, you can easily build the reports you need to make critical decisions, identify trends, recognize trouble spots, and gather employee data needed to analyze your company’s compliance. What Compliance Risks Come with Having a Remote Workforce? Employers need to stay on top of these changes to ensure they are compliant and aren’t subjected to penalties and fines. Gavin Newsom’s deadline to sign or veto bills passed. On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a set of An employer cannot retaliate against an employee in any way for exercising their rights to use sick leave. Those taking effect in early 2021 are listed below. June 26, 2019. The law may be read as limiting the prohibition to inquiring about current employee’s. SBDR: 11 New Employment Laws Recently Enacted in California Zenefits. Employers must continually monitor these updates and modify their policies accordingly to ensure compliance. For more information about the NYSSLL, please refer to our client alert. The New York State minimum wage increased on December 31, 2020, except in New York City, where it remains $15.00 per hour for all size businesses. Demyan v. Fortress Investment Group LLC, Fortress Transportation and Infrastructure Investors, LLC., Index No. From 6 April 2020, it's been made easier to request an information and consultation agreement. Simone R.D. Posted in New York State Law, Sick Leave. New York law allows a number of exceptions to the state’s at-will employment doctrine. Prior results do not guarantee a similar outcome. Kevin Kiley . Jan 22nd, 2021. Sitemap Governor Newsom signed over 20 new labor and employment bills into law in 2020. JANUARY 23, 2020. A minimum of 2%, rather than 10% of employees (or at least 15 people), in workplaces with 50 employees or more can request a formal agreement to be informed and consulted about workplace matters. Moreover, employers must display in a conspicuous location a copy of the STLL and a poster in English, Spanish and any other language deemed appropriate by the County (this posting has yet to be published). This summer, the state repealed a ban on cities setting their own minimum wage. Payroll Services New York law allows a number of exceptions to the state’s at-will employment doctrine. Anniken Davenport. Employers may prevent cannabis use at work, conduct tests for cannabis if reasonable suspicion warrants it, test employees due to a work-related accident, and discipline workers for being impaired while on the job. Thus, employers that fail — 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. With a new year comes several changes to New York State labor and employment laws. This week, New York State issued guidance and an FAQ document regarding the State’s new paid sick leave law (“NYPSL”). This chart reflects the new salary thresholds, effective December 31, 2019: As described in our previous advisories (available here and here), the U.S. Department of Labor (DOL) publicized its final rule raising the salary threshold for the executive, administrative, and professional (EAP) exemptions under the FLSA to $35,568 per year, or $684 per week. Most of those changes are set to begin on the first day of 2020, though New York's pay raise is set to begin December 31, 2019, the NELP reported. 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. MktoForms2.loadForm("//app-abd.marketo.com", "963-ZNS-159", 2062); Find out the benefits of Human Capital Management (HCM) for your organization, and how to get started. There are different hourly rates for workers in the fast food industry and those who receive tips. Retaliation. This change went into effect on August 12, 2019, and applies to all claims filed on or after that date. Each year, new and amended laws impact businesses of various sizes in New York. MktoForms2.loadForm("//app-abd.marketo.com", "963-ZNS-159", 2053); The Weekly Business Payroll and HR Digest delivered to your inbox! The legislation, which provides for the immediate accrual of employer-provided sick leave, permits sick leave to be taken beginning on January 1, 2021. By Special to the Democrat. 2020 New York and New Jersey Labor & Employment Law Review. 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. New York Employment Law Updates. Retaliation . Aaron Warshaw New York Author. Clifton Park, NY 12065 There are many laws on the federal, state and local levels that govern whether employers must provide time off, paid or unpaid, to employees for various types of leave. There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. 9 Executive Park Dr. New York – After failed attempts in 2019, Governor Cuomo has again made marijuana legalization a top priority in 2020. Employers covered under this law are, hotels, restaurants, mercantile establishments and factories. This new legislation is relatively unclear about whether and how an employer can use a current employee’s available salary information for promotions. 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 or salary; Request or require wage or salary history from an applicant or current employee as a condition to be interviewed, or as a condition of continuing to be considered for an offer of employment, or as a condition of employment or promotion; Request or require the wage or salary history of an applicant or current employee from a current or former employer, current or former employee, or agent of the applicant or current employee's current or former employer; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee based upon prior wage or salary history; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee because such applicant or current employee did not provide wage or salary history in accordance with the law; or. 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. Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. These laws vary by state and each has its own specific requirements. The New HR Rules: Employment law updates for 2020. These rates remain in effect until … Marijuana Testing in Employment As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. Thus, employers that fail to pay employees fair wages or provide workers with wage notices may be held accountable for civil damages. In my prior post I wrote about a few of the new laws (click here to view), but now that the legislative year is closed, I wanted to cover five additional key employment laws that California employers need to understand and be aware of going into 2020: Consequently, employers must pay particular attention as year-end approaches to ensure that those positions they intend to keep exempt, remain exempt. In addition to federal and state laws, employees who work in New York City may be entitled to protections under City laws. A previous analysis on this legislation can be found here. Published: April 10, 2020. With a new year comes several changes to New York State labor and employment laws. 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. 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 … Court actions regarding cases handled by Borrelli & Associates, PLLC. 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). This legislation, … 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. New York, N.Y. (January 8, 2021) - 2020 was certainly a year for the books. According to the New York State Human Rights Law (NYSHRL), as of August 12, 2020, the limitation time for employees submitting sexual harassment claims will be extended from one year to three years. MORE. In 2019, we reported on scores of new laws that took effect last summer. In Nassau, Suffolk and Westchester counties, it is $14.00 per hour. Wage and Hour Law. There’s more to the white-collar exemption than minimum pay , but the minimum salary change is what employers must know to be compliant as of Jan. In 2019, the New York State Legislature made substantial changes to workplace laws.

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