We Are Pleased To Announce The Naming Of Attorney Jasmine Y. Patel As Partner At Franklin, Gringer & Cohen, P.C. where she will continue to practice in the field of Labor & Employment.
IMPORTANT LAW UPDATE
On April 25, 2019, a Federal Judge ruled that employers covered by EEO-1 reporting requirements must submit 2018 pay data for workforces by September 30, 2019.
The EEO-1 Report is a compliance survey mandated by federal statute and regulations. The survey requires company employment data to be categorized by race/ethnicity, gender and job category.
The EEOC has collected employers’ demographic data for a long time. However, the Obama administration added a pay data component to the EEO-1 Report to root out gender- and race-based pay gaps. This requires employers report wage information from and total hours worked for all employees by race, ethnicity and gender.
The Trump administration attempted to eliminate the pay data component in 2017 because of the burden it imposes on employers. However, the Judge’s decision reinstates the pay data component.
What companies are required to file the EEO-1 report?
o Companies with 100 or more employees
o Companies with fewer than 100 employees, if the company is owned by or corporately affiliated with another company and the entire enterprise employs a total of 100 or more employees.
o Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246, with 50 or more employees and that have a prime contract, or first-tier subcontract amounting to $50,000 or more.
If you need additional information regarding the EEO-1 Report or have any other labor and employment law questions, please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.
Governor Phil Murphy has signed into law a measure increasing the minimum wage in New Jersey to $15.00 per hour by 2024.
New Jersey joins California, Massachusetts, New York and the District of Columbia in phasing in a $15.00 per hour minimum wage rate.
In July 2019, the minimum wage rate will increase from $8.85 per hour to $10.00 per hour.
After that, the minimum wage rate will increase by $1.00 on January 1st of each year until it reaches $15.00 per hour on January 1, 2024.
In July 2019, the minimum wage rate for tipped employees will increase from $2.13 per hour to $2.63 per hour.
After that, the minimum wage for tipped employees will increase as follows:
o January 1, 2020 – $3.13
o January 1, 2021 – $4.13
o January 1, 2022 – $5.13
o January 1, 2023 – $5.13
o January 1, 2024 – $5.13
Further, a 2013 amendment to New Jersey’s constitution requires the minimum wage rate to increase with inflation. Therefore, once the minimum wage reaches $15.00 and $5.13 in 2024, it will continue to climb based on the consumer price index.
If you have any questions regarding the minimum wage increase in New Jersey or any other labor and employment matters, please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.
IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN NEW YORK CITY:Effective March 18, 2019, the New York City Administrative Code will be amended to require employers in New York City with four or more employees to:
o Provide a designated lactation room for employees; and
o Implement a lactation room accommodation policy.
The law will require covered employers to provide employees needing to express breast milk with access to a lactation room and a refrigerator suitable for breast milk storage, “in reasonable proximity” to the employee’s work area.
Under the law, a lactation room is defined as “a sanitary place, other than a restroom, that can be used to express breast milk shielded from view and free from intrusion and that includes at minimum an electrical outlet, a chair, a surface on which to place a breast pump and other personal items, and nearby access to running water.”
Employers would not be required to create a dedicated lactation room, but if the room designated for lactation is also used for other purposes then:
o The room must be used solely as a lactation room during times when an employee is using the room to express milk; and
o The employer must provide notice to other employees that the room is given preference for use as a lactation room.
If providing a lactation room creates an undue hardship for an employer, the employer is nevertheless obligated to engage in a cooperative dialogue with employees to determine what, if any, alternate accommodations may be available, and to provide a written final determination to employees at the conclusion of the cooperative dialogue process, identifying any accommodations granted or denied.
The written lactation room accommodation policy must be distributed to all new employees upon hire and to current employees. The policy must include a statement that employees have a right to request a lactation room and identify a process by which employees could request a lactation room.
If you have any questions or concerns regarding this or any other labor and employment law matter, please contact an attorney at Franklin, Gringer & Cohen, P.C. at (516) 228-3131.
On January 25, 2019, Governor Andrew Cuomo signed the Gender Expression Non-Discrimination Act (“GENDA” or “Law”).
The Law goes into effect on February 25, 2019.
GENDA amends the New York State Human Rights law (“NYSHRL”) to make it an unlawful discriminatory practice for an employer with four or more employees to discriminate against an individual because of that person’s “gender identity or expression.”
The Law defines “gender identity or expression” as a “person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.”
GENDA also amends the NYSHRL to prohibit harassment based on “sexual orientation, gender identity or expression.”
Employers should:
o Review employee handbooks and current non-discrimination policies, and update the language to encompass this new protected class.
o Train human resources personnel and supervisors/managers on any changes made to current employee handbooks and non-discrimination policies to ensure compliance with the new Law.
If you have any questions regarding GENDA or any other labor and employment matter, please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.
On January 9, 2019, Mayor Bill de Blasio proposed a law that would require private businesses, with five or more employees, to give 10 days of paid vacation per year to all employees: a Proposed New York City Paid Vacation Law.
The law is proposed but is likely to be approved by the city council in the next few months.
If the law is approved, New York City will become the first city in the United States to require employers to provide employees with paid vacation days.
Under the Proposed New York City Paid Vacation Law:
o After working 120 days for the employer, employees would be eligible to receive 10 paid vacation days.
o Unused time could be carried over to the next year.
o The 10 days of paid vacation time would be in addition to the 5 days of paid sick leave that New York City employers already have to provide their employees.
o Employers may be able to require employees to provide up to two-weeks’ notice before taking time off.
o Employers may also be able to deny leave under certain circumstances. For example, if too many employees request the same days off.
If you have any questions regarding this proposed law or any other labor and employment matters, please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.
IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN NEW YORK
Effective December 31, 2018, the New York State minimum wage and salary threshold for
exempt employees will increase.
New York City:
Large employers (11 or more employees) $15.00
Small employers (10 or less employees) $13.50
Long Island and Westchester $12.00
Remainder of the State $11.10
Fast Food Workers
New York City $15.00
Remainder of the State $12.75
Salary Threshold
New York City:
-Large employers (11 or more employees) $1,125.00 per week
-Small employers (10 or less employees) $1,012.50 per week
-Long Island and Westchester $900.00 per week
-Remainder of the State $832.00 per week
Please note that just because an employee is paid a salary does not mean he or she is exempt from overtime.
There will also be corresponding increases to the allowances for tips, meals, lodging, utilities, and uniform maintenance.
Please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131 for the specifics regarding these increases and any other labor and employment questions.
“New York minimum wage salary threshold for exempt employees will increase” was written by Franklin, Gringer & Cohen, P.C.
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.
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.
Lawmakers in Westchester County approved the “Earned Sick Leave for Certain Employees” bill.
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.
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).
