To prepare for compliance with the new law, employers should work with their drug screening vendors to ensure that they do not screen for cannabis. Accordingly, New York employers who rely upon the professional exemption must only comply with the federal salary threshold. Subject to exceptions for a limited number of specific occupations (e.g., police officers, commercial truck drivers), the new law considers it an “unlawful discriminatory practice” to require applicants for employment to “submit to testing for the presence of any tetrahydrocannabinol or marijuana.”. However, employers in New York City are reminded of their obligation under NYC law to engage in a cooperative dialogue with disabled individuals who may be in need of reasonable accommodation, which may include certified users of medical cannabis. Compliance with the draft of new New York legislation should be on every employer’s list of New Year’s resolutions. No. 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. Keep a step ahead of your key competitors and benchmark against them. Meal Period Guidelines - Section 162 of the New York State Labor Law By way of background, on April 9, 2019, the New York City Council passed (by a 41-4 vote) a bill (Intro. New N.Y. Employment Laws in 2020. Understand your clients’ strategies and the most pressing issues they are facing. We expect more cities in Colorado to follow suit. 1396-A, that would fundamentally alter the employer-employee relationship for fast food employers in New York City.These two bills will now move to the full City Council for a vote scheduled for Thursday, December 17, 2020. The changes in salary threshold for administrative and executive exemptions depend on both the location of the employer and the number of employees. New York City passes key amendments to paid safe and sick leave law By Mark S. Goldstein and Leora Grushka on 19 October 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations. Consequently, employers must pay particular attention as year-end approaches to ensure that those positions they intend to keep exempt, remain exempt. 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. Beginning January 6, 2020, New York employers will be prohibited from inquiring into an applicant’s salary history during the hiring process or from current employees. Under the New York state law, individuals have 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. 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. Close. NYC Bans Pre-Employment Marijuana Testing As of May 10, 2020, New York City employers will be prohibited from conducting pre-employment drug testing for THC, the active ingredient in marijuana. Additional information can be found here. 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.”. For current employees applying for new positions within the same company, the employer may consider information within its possession regarding compensation history with that employer, but cannot ask about compensation from prior employers. Introducing PRO ComplianceThe essential resource for in-house professionals. While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions remain regarding employers’ obligations under the law. The law provides that employees can accrue sick leave time based on hours worked. 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: The Delaware law firm said the filing of a complaint in New York Supreme Court violated Chancellor Andre Bouchard's orders which gave … New York City Human Rights Law Effective January 11, 2020, the City law will apply to independent contractors. Employers are encouraged but not required to proactively state in their job postings that they do not seek salary history information from job applicants. We omit certain details. The term “applicant” expressly includes part-time, seasonal and temporary workers. 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. There are different minimum wage rates for: the fast food industry; Long Island; Westchester County; and New York City. 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. While cannabis use remains illegal under federal law, and is only permitted for medical use in New York and in many other states, an increasing number of states have legalized cannabis use for off-duty recreational purposes. While New York state has not yet provided guidance as to how employers can confirm this information, the New York City Commission on Human Rights has stated that employers may request a prospective employee’s W-2 form to verify representations made about salary history if the applicant, voluntarily and without prompting, offers information about salary history. It surprises many workers to know that New York labor laws about breaks do not require employers to provide any short rest or coffee breaks at any point during a worker's shift. Under the New York state law, individuals have 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. Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. 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. New York State and New York City Minimum Wage Increases. Minimum wage. Skip to content . New York law allows a number of exceptions to the state’s at-will employment doctrine. See N.Y. Pub. 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. New York City Mayor Bill DeBlasio has signed legislation extending the effective period of certain legal protections designed to support the City's. 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. These legal obligations are spelled out in New York’s Election Law and are summarized below. We discussed that development in a pair of previous client alerts (available here and here). On September 30, 2020, section 196-b of the New York State Labor Law went into effect. Colorado could make our list for several reasons. 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. 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. 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. The legislation expands the scope of the NYCHRL’s prohibitions on making pre-employment inquiries, which already preclude employers from seeking information about applicants’ criminal conviction, credit, and salary histories. The new threshold, also effective January 1, 2020, will be $107,432 annually (up from $100,000). USA - New York: Employment & Labour Laws and Regulations 2020. Questions? Here’s a round-up of the most significant changes small and mid-size employers should be aware of. 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 or dependent’s reproductive health decision-making, including, but not limited to, a decision to use or access a particular drug, device or medical service.”. Some exceptions to the law include certain: Additionally, the law will not bind employers who are a party to a collective bargaining agreement that "specifically addresses" the drug testing of applicants, but only as to those employees. On August 12, 2019, Governor Cuomo signed in to law legislation that expands worker protections under the New York State Human Rights Law (NYSHRL). New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. Potential remedies also include injunctive relief and attorneys’ fees. “I have found the articles in Lexology/Newsstand to be closely related to the topics I am interested in. The New York State Department of Labor has issued new guidance clarifying employers’ obligations under the law. By Katherine Kimsey and Bruce Sarchet on June 9, 2020 Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. The COVID-19 pandemic has shut down many levels of government for varying periods of time. 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. The New HR Rules: Employment law updates for 2020. We summarize some of the key changes to 2020 New York employment laws, and offer some practice pointers, below. From car seats to natural hair, here are some of the changes going into effect in the new year. If you have questions, please review our minimum wage information page. While the duties test for these exemptions remains unchanged, effective December 31, 2019, the minimum exempt salary is: Effective January 1, 2020, the minimum exempt salary under the federal Fair Labor Standards Act increased to $684 per week ($35,568 annually) for the executive, administrative and professional exemptions. For example, employers should review their materials and remove any questions that expressly or impliedly “require” applicants and current employees to reveal prior compensation information. New York City passes key amendments to paid safe and sick leave law. 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 section contains general information on the provisions of the laws governing the employment of minors in New York State. 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 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. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. 2020 has, of course, been dramatically different. On Tuesday, December 15, 2020, the New York City Council's Committee on Civil Service and Labor voted to approve two bills, Proposed Int. Additionally, the final rule adjusted the highly compensated employee (HCE) total annual compensation requirement. As of August 12, 2020, the limitations period for asserting a claim of sexual harassment under the NYSHRL is expanded from one year to three. 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. Importantly, the law requires employers who have a handbook to include in the handbook a notice of rights and remedies available under the new law. In all the other instances, the employer is not required to pay an employee for the time spent serving on a jury. 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. They’re easy to understand and I appreciate that they are only as long as necessary to cover the essentials. Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current or former employee because the applicant or current or former employee filed a complaint with the New York State Department of Labor alleging a violation of the law. But we’re going to focus on the local level. The law does not apply to certain safety-sensitive positions. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices accordingly. 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. You can choose to read the full text of the law or our interpretation below. In New York City, it is now $15.00 per hour for all size businesses. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. There are different hourly rates for workers in the fast food industry and those who receive tips. Menu Home About Services Contact Search. Do not consider this as a final interpretation of the law. Effective January 6, 2020, employers in New York State will be prohibited from relying on the wage or salary history of an applicant in determining whether to make an … There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. 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. New York State has rules that govern the time allowed for workers to eat during their shift on the job. Terminating workers under these exceptions could afford employees the right to take legal action. The long-awaited changes to the federal overtime rules were finalized last fall and took effect on January 1, 2020.. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. The law may be read as limiting the prohibition to inquiring about current employee’s. By Mark S. Goldstein, Alexandra Manfredi and Leora Grushka on 3 August 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations The enactment of paid sick leave laws began as a state and local employment law trend roughly a decade ago, gaining substantial momentum in the mid-2010’s. 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. As we previously reported, all New York State employers are prohibited from inquiring about a job applicant’s (or current employee’s) salary or wage history when interviewing, hiring, promoting or making employment decisions. In 2019, we reported on scores of new laws that took effect last summer. As outlined in our prior alert, a multitude of changes in New York employment law have either gone into effect or will be in effect soon. Health Law §3369(2); Wild , 2020 … Effective February 8, 2020: 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. In Nassau, Suffolk and Westchester counties, it is $13.00 per hour. ICLG - Employment & Labour Laws and Regulations - covers common issues in employment and labour laws and regulations – terms and conditions of employment, employee representation and industrial relations, discrimination, maternity and family leave rights and business sales – in 51 jurisdictions 2020 New York Employment Law Update - New York Updates Wage and Hour, Discrimination and Salary History Employment Laws Matthew Damm , Daniel McCoy Fenwick & West LLP 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. In addition, employers should take note of the following issues as they plan for the year ahead. If you … As previously summarized, Westchester County has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave. 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. This legislation goes into effect on January 6, 2020. We highlighted this legislation in our previous client alerts (available here and here). These rates remain in effect until December 30, 2020. Effective May 10, 2020, most employers in New York City will no longer be allowed to require applicants submit to a pre-employment test for cannabis. This poster describes new laws that mandate paid leave for employees affected by the COVID-19 / Coronavirus epidemic. Search . PRINT TO PDF . Potential remedies also include injunctive relief and attorneys’ fees. Labor Law. 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. Employers need to be aware of a few significant new 2020 employment laws that may affect their daily business operations, policies and employees. As of December 31, 2019, the minimum wage for New York employers is: New York has increased the minimum salary an employee must be paid in order to qualify for the administrative or executive exemption under state wage and hour law. This summer, the state repealed a ban on cities setting their own minimum wage. Businesses utilizing third-party staffing agencies or professional employment organizations should confirm that those entities’ pre-employment screening practices are consistent with New York City law. 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. 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