News Articles

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

Published Franklin, Gringer, Cohen PC on May 11, 2018

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

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.

Posted in News, Recent Legal Developments | Tagged law, new york city, new york law, nyc, RIGHT TO DISCONNECT, Right-to-Disconnect bill, THE “RIGHT TO DISCONNECT”

Sick Time Act Amendment Goes Into Effect May 5, 2018

Published Franklin, Gringer, Cohen PC on May 7, 2018

Sick Time Act Amendment Goes Into Effect May 5, 2018

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.

Posted in News, Recent Legal Developments | Tagged new york city, new york law, nyc, nyc law, sick time act, Sick Time Act Amendment

Stop Sexual Harassment In NYC Act Passes

Published Franklin, Gringer, Cohen PC 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.

IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN NEW YORK CITY

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

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.

Posted in News, Recent Legal Developments | Tagged nyc, Sexual Harassment, Stop Sexual Harassment In NYC Act, Stop Sexual Harassment In NYC Act Passes

New York City’s Fair Workweek Law Applies To Fast Food And Retail Employers

Published Franklin, Gringer, Cohen PC on January 26, 2018

New York City’s Fair Workweek Law Effective November 26, 2017

APPLIES TO FAST FOOD AND RETAIL EMPLOYERS

Employers must provide employees a good-faith estimate of how many hours they should expect to work per week. This notice must be written and given no later than the date the employee receives his or her first schedule
Employers must provide employees the expected dates, times, and locations of those hours
Employers must provide employees with written notice of a work schedule containing regular shifts. This notice must be given 14 days in advance (schedules must span no less than 7 days and must be posted in a noticeable place that is readily visible and accessible to ALL employees)
Employers must offer current employees any available shifts before they hire new workers. An employer can only hire new employees after they have given current workers the chance to turn down available shifts
Employers cannot have employees “on call,” which is the practice of an employer requiring an employee to be available to work and to contact the employer, or wait to be contacted by the employer, to determine whether the employee must report to work
Employers cannot cancel or schedule shifts without at least 72 hours of notice, unless the employee voluntarily asked for the time off or traded shifts with another employee
Workers must get at least 11 hours off in between shifts. Employers can ask an employee to clock in before the 11 hours, but they must then pay the worker $100
Workers can request to have their salaries deducted and have that money donated to any worker advocacy group or non-profit organization of their choice

“New York City’s Fair Workweek Law Applies To Fast Food And Retail Employers” was written on January 26, 2018.

Why does my company need labor and employment law counsel?

Virtually any employee who is terminated can claim discrimination based on age, sex, race, national origin, disability, religion or veteran status. Since the enactment of the 1991 Civil Rights Act, which provided for jury trials and compensatory and punitive damages, employment discrimination litigation has skyrocketed. Also, employees are more aware of their legal options as they read in the newspapers about jury verdicts that are frequently in seven figures. We counsel our clients on avoiding such cases through proper handling of disciplinary issues and reductions in force, and the development and communication of sound corporate policies.

Posted in News, Recent Legal Developments | Tagged New York City's Fair Workweek Law, nyc, nyc law

New York City Bans Asking About an Applicant’s Salary History Effective

Published Franklin, Gringer, Cohen PC on January 18, 2018

New York City Bans Asking About an Applicant’s Salary History Effective

As of November 1, 2017:

APPLIES TO ALL EMPLOYERS in New York City

EMPLOYERS MAY NO LONGER:

Ask about an applicant’s salary history (including benefits and other
compensation), either directly, in an application, by searching publicly-available
records or reports, or by asking an applicant’s current or previous employer
Rely on the applicant’s salary history to determine that applicant’s salary at any
point in the hiring process, unless the applicant “voluntarily” and “without
prompting” discloses their previous salary information
This also applies to negotiations of an employment agreement

ADVICE TO ALL EMPLOYERS:

o Instead of asking about an applicant’s salary history, employers should discuss an applicant’s
“EXPECTATIONS” regarding salary, benefits, and other compensation
o Employers can tell an applicant what the proposed salary or range is for the position for
which he or she is applying
o Employers should review their employment applications, interview questions, and the hiring
process
o Employers should train any employee involved in the interviewing and hiring process
regarding this new law
o Start doing these things sooner rather than later so the transition is smooth and seamless

Posted in News, Recent Legal Developments | Tagged New York City Bans Asking About an Applicant’s Salary History Effective, nyc salary history, salary history ban, salary history new york

FREELANCE ISN’T FREE ACT (FIFA)

Published Franklin, Gringer, Cohen PC on August 10, 2017

FREELANCE ISN’T FREE ACT (FIFA)

The Freelance Isn’t Free Act law took effect on May 15, 2017. This NYC law establishes protections for freelance workers. FIFA defines a freelance worker as “any natural person or any organization composed of no more than one natural person, whether or not incorporated or employing a trade name, that is hired or retained as an independent contractor by a hiring party to provide services in exchange for compensation.”

FIFA requires hiring parties that retain freelance workers to provide any service for a value of $800 or more, to reduce their agreement to a written contract. The $800 threshold is reached either by itself or when aggregated with all contracts for services during the preceding 120 days.

The contract must include, at a minimum, the following information: the name and address of both the hiring party and the freelance worker, an itemized list of the services that will be provided and the value of those services, the rate and method of compensation, and the date on which payment is due or the mechanism by which such date will be determined.

If no payment due date is indicated in the contract, the hiring party must pay the freelance worker within 30 days of the completion of services.

A hiring party is also prohibited from threatening, intimidating, disciplining, harassing, denying a work opportunity, or discriminating against a freelance worker who exercises his or her rights under FIFA.

The law establishes penalties for violations of these rights, including statutory damages, double damages, injunctive relief, and attorney’s fees. Individual causes of action will be adjudicated in state court. Furthermore, where there is evidence of a pattern or practice of violations, the Corporation Counsel may bring civil action to recover a civil penalty of not more than $25,000.

Please contact an attorney at Franklin, Gringer & Cohen, P.C. to draft a compliant contract.

“FREELANCE ISN’T FREE ACT (FIFA)” was written by Jasmine Y. Patel.

Posted in News, Recent Legal Developments | Tagged FIFA, FREELANCE ISN’T FREE ACT (FIFA)

False claims of sexual harassment dismissed against our client

Published Franklin, Gringer, Cohen PC on May 26, 2017

False claims of sexual harassment dismissed against our client

We recently obtained a successful result at trial on behalf of a client who was falsely accused by a customer of sexual harassment.

Our client was accused of inappropriately touching a customer during a transaction that took place in the lobby area of our client’s workplace. The customer commenced a lawsuit for sexual harassment in which she was demanding money damages from our client.

Upon our investigation, we learned that the entire interaction between our client and the false accuser was caught on surveillance video. The video clearly demonstrated that nothing inappropriate occurred at all. In light of the false allegations our client faced, we answered the lawsuit and also counterclaimed against the accuser for defamation and intentional infliction of emotional distress.

At trial, we confronted the accuser with the videotape and through successful and vigorous cross-examination, we convinced the Court that the accuser had completely made up these allegations and had committed perjury at the time of trial.

In light of these false allegations, we not only asked the Court for money damages on our counterclaims, we also asked the Court to award our client the full amount of attorney’s fees he incurred in defending against these frivolous allegations.

In New York, unless allowed by statute or agreed-upon in a contract, parties to a lawsuit are generally not allowed to seek payment of their attorney’s fees in the context of a litigation.

However, and pursuant to New York’s Code of Rules and Regulations, if a party commences a frivolous lawsuit without any basis in fact or in law, that party may be required by the Court upon application to pay for the other party’s attorney’s fees. At the time of trial, we relied upon this rule and asked the Court to award our client every penny of the attorney’s fees he paid to our firm in defending this frivolous lawsuit.

Not only did the Court dismiss the false accuser’s lawsuit in its entirety, it also awarded our client monetary damages on his defamation counterclaim, in addition to all the attorney’s fees he incurred in defending against this baseless lawsuit.

“False claims of sexual harassment dismissed against our client” was written by Michael S. Mosscrop

Posted in Firm News, News, Recent Legal Developments | Tagged False claims of sexual harassment

Payroll Debit Card Restrictions Found Invalid

Published Franklin, Gringer, Cohen PC on March 17, 2017

Payroll Debit Card Restrictions Found Invalid

Some New York employers provide their employees with their wages using a payroll debit card. The New York Department of Labor sought to regulate this payment of wages via debit payroll cards by requiring employers starting March 7, 2017, to provide access to one or more automatic teller machines that offer withdrawals at no cost to the employee (12 NYCRR 192-2.3 [b] [1]) and prohibit payroll debit card issuers from charging an employee certain fees related to use of a payroll debit card (id § 192-2.3 [c]).

Global Cash Card, Inc., a payroll debit card vendor providing custom payroll debit card programs to employers in New York, filed a petition with the Industrial Board of Appeals pursuant to Labor Law § 101 for review of the New York State’s regulations related to methods of payment of wages.

The Industrial Board of Appeals found that the New York Department of Labor’s regulations were invalid because they exceeded the Department of Labor’s rulemaking authority of governing the relationship between employers and employees by placing restrictions on financial institutions with respect to the fees incurred for payroll debit cards. Therefore, the Industrial Board of Appeals rescinded the Department of Labor’s regulations regarding payroll debit cards and those regulations will not go into effect on March 7, 2017.

A copy of the full decision of the Industrial Board of Appeals can be found at: http://industrialappeals.ny.gov/decisions/pdf/pr-16-120.pdf

“Payroll Debit Card Restrictions Found Invalid” was written by Jasmine Patel

Posted in News, Recent Legal Developments | Tagged debit card, payroll, Payroll Debit Card Restrictions Found Invalid

New York’s Paid Family Benefits Law

Published Franklin, Gringer, Cohen PC on March 3, 2017

New York’s Paid Family Benefits Law

Governor Andrew Cuomo announced on February 22, 2017 that regulations have been filed with the state to implement New York’s Paid Family Benefits Law (“PFBL”). The paid family leave policy is set to take effect as of January 1, 2018 and be fully implemented by January 2021. These regulations provide guidance for employers, employees and insurance carriers, and mean that New York is one step closer to paid family leave.

PFBL provides for up to twelve (12) weeks of job protected paid leave for employees to care for themselves or a family member suffering from a serious health condition, to bond with the employee’s child during the first twelve (12) months following the child’s birth or adoption, or to relieve pressures created when a family member is on active duty in the armed forces of the USA. The PFBL is applicable to all employers with at least one employee.

Once the PFBL takes effect, eligible employees (eligible means employed for four (4) or more consecutive weeks) are to receive the following:

(i) on or after January 1, 2018, the payment shall be 50% of the employee’s average weekly wage, not to exceed 50% of the State’s average weekly wage, for a period no more than eight (8) weeks during any fifty-two (52) week calendar period;

(ii) on or after January 1, 2019, the payment shall be 55% of the employee’s average weekly wage, not to exceed 55% of the State’s average weekly wage, for a period no more than ten (10) weeks during any fifty-two (52) week calendar period;

(iii) on and after January 1, 2020, the payment shall be 60% of the employee’s average weekly wage, not to exceed 60% of the State’s average weekly wage, for a period no more than ten (10) weeks during any fifty-two (52) week calendar period; and

(iv) on and after January 1st of each succeeding year the payment shall be 67% of the employee’s average weekly wage, not to exceed 67% of the State’s average weekly wage, for a period no more than twelve (12) weeks during any fifty-two (52) week calendar period. Weekly benefits for leave shall not be less than $100.00 per week unless the employee’s wages at the time of injury are less than $100.00 per week, in which case the employee shall receive his or her full wages.

The payments made to eligible employees pursuant to the PFBL will be distributed from a State administered fund, which will in turn be funded by contributions made by employees. No employer will be required to fund any portion of the PFBL benefit.