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Suffolk County Legislature prohibiting employers from asking about applicants salary

Published on December 3, 2018

Suffolk County Legislature prohibiting employers from asking about applicants salary

Suffolk County Legislature has adopted legislation prohibiting employers from asking about a job applicant’s salary

LAW UPDATE FOR ALL EMPLOYERS IN SUFFOLK COUNTY:

The Suffolk County Legislature has adopted legislation prohibiting employers
from asking about a job applicant’s salary history at any point during the
employment process.

  • The law goes into effect on June 30, 2019.
  • Under the law, an employer, employment agency, employee, or agent thereof
    employing four or more persons may not:
    o Ask a job applicant or an applicant’s former employer about a job
    applicant’s wage or salary history, including but not limited to,
    compensation and benefits.
    o Conduct a search of publicly available records or reports to find out an
    applicant’s salary history.
    o Rely on an applicant’s salary history to determine the wage or salary
    amount at any stage in the employment process.
  • The stated purpose of the law is to combat pay inequity for women and minorities. However, the law applies to all applicants and prospective employees regardless of gender, race and/or or ethnicity.
  • If an applicant voluntarily discloses his or her salary history, the employer still cannot use that information to determine the applicant’s salary and benefits.
  • Suffolk County joins New York City, Westchester County and Albany County as localities having similar legislation. A state-wide bill had previously been passed in the Assembly but stalled in the Senate. With the recent change of control of the Senate to the Democrats, it is likely a state-wide law will be passed during the next legislative session.
  • The law does not give guidance as to how salary discussions should take place. The New York City law, for example, allows employers to discuss the applicant’s salary expectations. The Suffolk County law does not address this issue.
  • Employers should begin updating their employment practices now to comply with the law.
  • An employer’s failure to comply with the law could lead to the following consequences:

o Compensatory damages to the individual
o Payment to the County’s general fund
o Civil fines and penalties in an amount not to exceed $50,000 ($100,000 if the violation is found to be willful, wanton, or malicious).

 

“Suffolk County Legislature prohibiting employers from asking about applicants salary” was first published by FranklinGringer.com.

If you have any questions regarding this or any other labor and employment law issue, please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.

Suffolk County Legislature has adopted legislation prohibiting employers from asking about a job applicant’s salary

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WESTCHESTER COUNTY: Earned Sick Leave for Certain Employees

Published on November 8, 2018

IMPORTANT LAW UPDATE FOR EMPLOYERS IN WESTCHESTER COUNTY: Earned Sick Leave for Certain Employees

Earned Sick Leave for Certain Employees

Lawmakers in Westchester County approved the “Earned Sick Leave for Certain Employees” bill.

  • The law goes into effect on March 30, 2019.
  • Under the law, all full-time and part-time employees who work more than 80 hours per year in Westchester County will be eligible to earn sick leave at a rate of 1 hour for every 30 hours worked, up to 40 hours per calendar year.
  • For employers with five or more employees working in Westchester County, this leave must be paid at the employee’s normal rate of pay.
  • Employers with fewer than five employees need only provide unpaid leave.
  • Employees will be able to use sick leave for any of the following reasons:

o For an employee’s mental or physical illness, injury or health condition; an employee’s need for medical diagnosis, care or treatment of such illness, injury or health condition; or an employee’s need for preventative care;

o Care of a family member with a mental or physical illness, injury or health condition; for the family member’s need for medical diagnosis, care or treatment of such illness, injury or health condition; or for the family member’s need for preventative care;

o Care of an employee or family member when it has been determined by public health authorities that the employee’s or family member’s presence in the community may jeopardize the health of others because of his or her exposure to a communicable disease; and/or

o Closure of the employee’s place of business or a day care or elementary or secondary school attended by an employee’s child where such closure is due to a public health emergency.

  • The term “family members” includes an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent; and the child or parent of an employee’s spouse, domestic partner or household member.
  • Employees may be required to comply with the employer’s usual notice and procedural requirements for absences or for requesting leave.
  • Employers may require documentation of the need for sick leave for absences of more than three consecutive days.
  • If you have any questions concerning this or any other labor and employment matter, please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.

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All Employers In NY Must Issue Sexual Harassment Prevention Policy To Employees By 10/9/18

Published on October 2, 2018

All Employers In NY Must Issue Sexual Harassment Prevention Policy To Employees By 10/9/18

Sexual Harassment Prevention Policy

IMPORTANT REMINDER TO ALL EMPLOYERS IN THE STATE OF NEW YORK: By October 9, 2018, ALL EMPLOYERS in the State of New York must distribute a sexual harassment prevention policy to their employees.

The policy must meet the new minimum standards set forth by the New York State Department of Labor (DOL) and Division of Human Rights (DHR).

  • The policy must:
    • Prohibit sexual harassment consistent with guidance issued by the DOL in consultation with the DHR;
    • Provide examples of prohibited conduct that would constitute unlawful sexual harassment;
    • Include information concerning the federal and state statutory provisions concerning sexual harassment, remedies available to victims of sexual harassment, and a statement that there may be applicable local laws;
    • Include a complaint form;
    • Include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties;
    • Inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially;
    • Clearly state that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue; and
    • Clearly state that retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation or proceeding involving sexual harassment is unlawful.
  • Additionally, starting on October 9, 2018, ALL EMPLOYERS must provide sexual harassment prevention training to all employees.
  • For more information regarding the sexual harassment prevention policy and/or training requirements, please contact Brian Klein, Jasmine Patel, or Danny Carrascal at Franklin, Gringer & Cohen, P.C. at 516-228-3131.

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Effective October 15, 2018, New York City Human Rights Law

Published on September 17, 2018

IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN NEW YORK CITY:

Effective October 15, 2018, New York City Human Rights Law

New York City Human Rights Law

Effective October 15, 2018, the New York City Human Rights Law (NYCHRL) will require all New York City employers with four or more employees to engage in a “cooperative dialogue” with individuals who may be entitled to an accommodation for the following reasons:

  • Religious needs;
  • Due to a disability;
  • As a result of pregnancy, childbirth or a related medical condition; or
  • As a result of domestic violence, sex offenses or stalking.

 

  • The dialogue, which can be written or oral, must include an evaluation of:

 

  • The individual’s needs;
  • The nature of the requested accommodation;
  • The burden to the employer if it were to be granted; and
  • Potential alternatives to the requested accommodation.

 

  • Upon the conclusion of this “cooperative dialogue,” the employer must then provide the person requesting the accommodation “with a final written determination identifying any accommodation granted or denied.”
  • Failure to engage in this “cooperative dialogue” within a reasonable time or provide a written determination will constitute unlawful discriminatory practices under the NYCHRL.
  • If you have any questions regarding this or any other labor and employment law matter, please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.

“Effective October 15, 2018, New York City Human Rights Law” was written by the team at Franklin Gringer & Cohen, P.C.

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USE OF ARBITRATION AGREEMENTS TO LIMIT EXPOSURE IN WAGE AND HOUR CASES

Published on September 4, 2018

USE OF ARBITRATION AGREEMENTS TO LIMIT EXPOSURE IN WAGE AND HOUR CASES

Epic Systems Corp. v. Lewis, Franklin Gringer & Cohen, P.C., USE OF ARBITRATION AGREEMENTS TO LIMIT EXPOSURE IN WAGE AND HOUR CASES

There has been a significant increase in the number of wage and hour lawsuits in which employees have alleged they have not been paid overtime, minimum wages, and/or have not received pay notices or spread of hours pay under state law.

These laws typically allow for employees to receive double damages for unpaid wages and allow the employee to receive interest and reasonable attorneys’ fees incurred for the bringing of the lawsuit.

These laws also allow an employee to sue on a collective action or class action basis on behalf of themselves and others who are similarly situated.

An individual plaintiff may only be owed a few thousand dollars; however, when other employees are added by a collective or class action, especially after the payment of liquidated damages, interest and attorney’s fees, what was once a minor matter could lead to significant exposure to the employer.

On May 21, 2018, in Epic Systems Corp. v. Lewis, the Supreme Court held that employees can waive their rights to pursue their wage and hour claims in court and their right to pursue them on a class action or collective action basis by entering into agreements with their employers to arbitrate disputes.

As a result, many employers are considering whether it makes sense to enter into such arbitration agreements with their employees.

There are both pros and cons to the use of these agreements:

Initial fees for commencing an arbitration are not insignificant and are often more than filing fees required to start an action in Court. The fees for the arbitrator are also usually several thousands of dollars.

However, arbitrations are usually resolved much quicker than lawsuits. While it is not uncommon for a lawsuit to take several years to be resolved, arbitrations are often completed within a year.

Also, there is no jury which also significantly reduces the cost. On the other hand, employers should be aware that by having employees sign such arbitration agreements, there may be instances where the cost in defending multiple suits in arbitration may actually exceed defense costs incurred in a class and/or collective action.

While a party in a trial has the right to appeal a decision by a judge in a litigation, there are only limited instances in which a party may seek to vacate (i.e. ask a court to not enforce) an arbitration award.

Courts, in determining whether an arbitration agreement should be enforced, look at the language that is used in such agreement to ensure that the employee understands the rights they are waiving by signing the agreement.

Arbitration agreements that are vague or are only slipped into an employee handbook may not be enforceable and in such circumstances, the employee may be able to proceed in court despite the arbitration language. Thus, before issuing such agreements to your employees, you should consult with an attorney whether such agreement passes muster.

Recently, New York State passed a law that went into effect on July 11, 2018 which states that employers will not be able to enter into arbitration agreements with their employees in which employees would be required to arbitrate sexual harassment claims against their employers.

This prohibition only applies to sexual harassment claims and an employer can still enter into arbitration agreements with their employees relating to other discrimination and/or wage and hour claims.

In sum, we believe that employers who do not yet have such arbitration agreements with their employees should consider whether they wish to enter into such agreements.

However, employers should weigh the pluses and minuses of entering into such agreements before doing so. Employers considering such agreements are encouraged to contact

Joshua Marcus or another attorney at Franklin Gringer & Cohen, P.C. (516-228-3131) to discuss whether it makes sense to have such agreements and the procedure for implementing such agreements.

 

“USE OF ARBITRATION AGREEMENTS TO LIMIT EXPOSURE IN WAGE AND HOUR CASES” was written by the team at Franklin Gringer & Cohen, P.C.

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Temporary Schedule Change NYC Employer Law

Published on August 22, 2018

Temporary Schedule Change NYC Employer Law

Temporary Schedule Change NYC Employer Law

ATTENTION TO ALL EMPLOYERS IN NEW YORK CITY:

 

  • Effective July 18, 2018, all employers must grant an employee’s request for a temporary change to the employee’s work schedule because of a “personal event.”
  • A “temporary change” is defined as:
    • A limited alteration in the hours, times, or location where an employee is expected to work, including, but not limited to, using paid time off, working remotely, swapping or shifting work hours and using short-term unpaid leave.
  • A “personal event” is defined as:
    • the need for a caregiver to provide care to a minor child or care recipient;
    • an employee’s need to attend a legal proceeding or hearing for subsistence benefits to which the employee, a family member or the employee’s care recipient is a party; or
    • any circumstance that would constitute a basis for permissible use of safe time or sick time pursuant to New York City’s Earned Sick Time Act (EST).
  • Employees must notify their employer or direct supervisor as soon as the employee becomes aware of the need for a temporary work schedule change.
  • The employee must inform the employer or direct supervisor that the change is due to a personal event.
  • Unless he or she seeks leave without pay, the employee also must make a proposal for the temporary work schedule change.
  • The initial request need not be in writing. However, the employee must submit the request in writing as soon as practicable, but no later than the second business day after the employee returns to work after the temporary change to the work schedule.
  • If the employee does not submit the request in writing, the employer does not have to respond in writing.
  • Employers must respond immediately after receiving an employee’s initial request. However, the employer’s initial response need not be in writing.
  • Once the employee has submitted a request in writing, the employer must provide a written response as soon practicable, but no later than 14 days.
  • The employer’s written response must include the following:
    • Whether the employer will agree to the temporary change to the work schedule in the manner requested by the employee or will provide the temporary change to the work schedule as leave without pay (which does not constitute a denial);
    • If the employer denies the request for a temporary change to the work schedule, then it must provide an explanation for the denial; and
    • The number of requests and business days the employee has left, pursuant to the bill, in the calendar year based on the employer’s decision in the written response.
  • An employer may deny the employee’s request only if 1) the employee has already exhausted his or her two requests in the calendar year, or 2) if an exemption (described below) applies.
  • The bill will not apply to any employee who:
    • is covered by a valid collective bargaining agreement if such agreement waives the provisions of the bill and addresses temporary changes to work schedules;
    • has been employed by the employer for fewer than 120 days;
    • is employed by any employer whose primary business for which that employee works is the development, creation or distribution of theatrical motion pictures, televised motion pictures, television programs or live entertainment presentations, with certain exceptions.
    • works fewer than 80 hours in the city in a calendar year.
  • The law imposes an administrative penalty of $500 for violations not involving termination; $2,500 for violations involving termination.
  • Employers must post a notification where employees can easily see it. Please click on the following link to get the notification: https://www1.nyc.gov/assets/dca/downloads/pdf/workers/TemporaryScheduleChange-Notice-English.pdf
  • If you have any questions concerning this or any other labor and employment matter, please contact an attorney from Franklin, Gringer & Cohen, P.C. at 516-228-3131.

“Temporary Schedule Change NYC Employer Law” was written by Franklin, Gringer & Cohen, P.C.

 

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Important UPDATE: NYC Sexual Harassment Notice

Published on August 20, 2018

Important UPDATE: NYC Sexual Harassment Notice

NYC Sexual Harassment

IMPORTANT UPDATE: NYC Sexual Harassment Notice Requirement

IMPORTANT UPDATE FOR ALL EMPLOYERS IN NEW YORK CITY

  • Effective September 6, 2018:
    • In compliance with the “Stop Sexual Harassment in NYC” Act, all New York City employers must distribute an information sheet on sexual harassment to new employees upon hire.  See link below.
    • This information sheet has been developed by the New York City Commission on Human Rights (CCHR) and may be included in a company’s employee handbook.
    • All New York City employers must also display an anti-sexual harassment poster that has been designed by the CCHR.  See link below.
    • The poster must be displayed in employee breakrooms or other common areas where employees gather.
    • The poster must be displayed in both English and Spanish.
      • A Spanish version must be posted even if no employees speak Spanish (CCHR has yet to release the Spanish poster).
    • If you have questions about this or any other labor and employment law related matter, please contact an attorney from Franklin, Gringer & Cohen, P.C. at 516-228-3131

“IMPORTANT UPDATE: NYC Sexual Harassment Notice Requirement” was published by Franklingringer.com.

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THE “RIGHT TO DISCONNECT” COULD SOON BE THE LAW IN NYC

Published on May 11, 2018

THE “RIGHT TO DISCONNECT” COULD SOON BE THE LAW IN NYC

Right-to-Disconnect bill, RIGHT TO DISCONNECT, THE “RIGHT TO DISCONNECT”, NYC, law

IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN NEW YORK CITY: In March 2018, the New York City Council proposed the “Right-to-Disconnect” bill [“RIGHT TO DISCONNECT” BILL].

If the bill passes, New York City employers with 10 or more employees would be prohibited from requiring workers to respond to electronic work communications (i.e., emails, texts and others) outside of the employee’s usual work hours except in cases of emergency.

Employers will be required to adopt a written policy regarding the use by employees of electronic devices for work-related purposes during non-work hours.

Employers will be fined at least $250.00 for each incident of non-compliance with the law.

Employers that retaliate against employees who do not respond to after-work communications will be required to compensate the wages and benefits lost by employees and pay a $500.00 penalty. The penalty increases to $2,500.00 if the employee is terminated.

THE “RIGHT TO DISCONNECT” COULD SOON BE THE LAW IN NYC

If you have any questions or concerns regarding this or any other labor and employment law issue, please contact an attorney from Franklin, Gringer & Cohen, P.C. at 516-228-3131.

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Sick Time Act Amendment Goes Into Effect May 5, 2018

Published on May 7, 2018

Sick Time Act Amendment Goes Into Effect May 5, 2018

Sick Time Act Amendment, sick time act, new york law, NYC law, New York City, nyc

IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN NEW YORK CITY:  On November 6, 2017, Mayor Bill de Blasio signed an Amendment to New York City’s existing Earned Sick Time Act (“Sick Time Act”). The Amendment will go into effect on May 5, 2018.

This Amendment will allow employees to use their accrued time off when the employee or a family member has been the victim of a family offense matter, a sexual offense, stalking, or human trafficking (“safe-time”).

The Amendment will NOT require New York City employers to provide additional sick or safe time to employees; rather, the Amendment simply expands the reasons that leave may be used.

The Amendment also expands the definition of the term “family member” for both sick and safe time to cover: to any individual related by blood to the employee; and o individuals whose close association with the employee is the equivalent of a family relationship.

Employers are allowed to request documentation from an employee who is taking sick or safe time for an absence of more than three consecutive work days.

Employers MUST provide new employees with notice of both sick and safe time.

Employers MUST also provide current employees with information regarding safe time by June 4, 2018.

“Sick Time Act Amendment Goes Into Effect May 5, 2018” was written by the team in May of 2018. Please contact an attorney from Franklin, Gringer & Cohen, P.C. at 516-228-3131 to discuss this and other labor and employment law issues.

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IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN NEW YORK

Published on May 3, 2018

Stop Sexual Harassment In NYC Act Passes

IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN THE STATE OF NEW YORK

On April 12, 2018, Governor Andrew Cuomo signed the New York State 2019 Budget Bill, which contains, among other things, provisions regarding sexual harassment claims and policies in the workplace.

Effective Immediately:
o Under the New York State Human Rights Law, liability will be imposed on employers for permitting sexual harassment against non-employees, including contractors, subcontractors, vendors, and others providing services pursuant to a contract in the workplace.

Effective July 11, 2018:
o It will be prohibited to use non-disclosure agreements in connection with the resolution of sexual harassment claims unless the claimant prefers confidentiality.
o It will also be prohibited to have mandatory arbitration clauses requiring the arbitration of sexual harassment claims in written contracts.

Effective October 9, 2018
o Employers will be required to distribute written anti-harassment policies in the workplace and provide anti-harassment training for all employees.
o The written polices and training will be based on models developed by the New York State Division of Human Rights and Department of Labor.

Effective January 1, 2019
o Bids on certain state contracts will have to contain language showing that the bidder has provided employees with  written policies addressing sexual harassment at work and annual sexual harassment training.

On April 11, 2018, the New York City Council passed the “Stop Sexual Harassment in NYC” Act.

‘Stop Sexual Harassment In NYC’ Act Passes:

IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN NEW YORK CITY

The law will require employers with 15 or more employees to provide all employees, including supervisors and managers, with annual sexual harassment training.

The training must cover several topics, including:
o Definitions and examples of sexual harassment.
o Education on bystander intervention.
o Explanations on how to file complaints internally and with federal, state, and city administrative agencies.

The training must be “interactive.”

The training must be conducted annually for incumbent employees.

New employees who work 80 or more hours per year in New York City must receive the training after 90 days of their initial hire date.

Employers will be required to obtain a signed acknowledgement from each employee verifying that he or she attended the training.

New York City employers will also be required to post and display anti-sexual harassment rights and responsibilities posters. The poster will be made available by the New York City Commission on Human Rights.

The law is currently awaiting the signature of Mayor Bill de Blasio.

Mayor Bill de Blasio is expected to sign much of these pieces of legislation into law in the coming weeks.

Franklin, Gringer & Cohen, P.C. has been providing employers with interactive sexual harassment training seminars for years.

If you have any questions or concerns regarding this or any other labor and employment law issues, please contact an attorney from Franklin, Gringer & Cohen, P.C. at 516-228- 3131.

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