News Articles
Published Franklin, Gringer, Cohen PC on June 28, 2019
IN JUNE 2019, NEW YORK LAWMAKERS PASSED AN ANTI-SEXUAL HARASSMENT BILL THAT WOULD MAKE IT EASIER FOR WORKERS TO WIN DISCRIMINATION LAWSUITS.
Governor Andrew Cuomo supports this bill and is expected to sign it in the near future.
The new bill would lower the current “severe or pervasive” standard employees must meet to show that they have been harassed or discriminated in the workplace.
o The new bill would only allow an employer to escape liability if it can show that the alleged harassment comprises “petty slights or trivial inconveniences.”
The new bill would also limit the Faragher-Ellerth Defense, which currently allows employers to escape liability if they made reasonable efforts to prevent the harassment and the employee failed to complain.
o The new bill recognizes that employees often do not report harassment out of fear of retaliation and under the new bill, the fact that an employee did not complain “shall not be determinative of whether such employer … shall be liable.”
What this all means is that it will be easier for employees in New York to prove harassment or discrimination based on age, race, religion, national origin, sexual orientation and the other categories protected under state law.
EMPLOYERS SHOULD CALL OUR FIRM IMMEDIATELY to ensure that their anti-discrimination and sexual harassment prevention policies are updated and to schedule the sexual harassment prevention training mandated by New York State law.
Recently, an employee, after attending one of our anti-discrimination/sexual harassment prevention training seminars and learning about the company’s zero-tolerance policy towards harassment and complaint procedure, decided to complain to the company instead of filing a claim with an administrative agency or court.
By keeping the complaint internal and addressing the issue immediately, the company saved themselves from a potential claim, which would have cost the company a significant monetary amount.
If you have any questions regarding this new bill or any other labor and employment law matter, please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.
Posted in employer law, News, Recent Legal Developments | Tagged Anti-sexual Harassment Bill, employer law, new york, ny
Published Franklin, Gringer, Cohen PC on June 7, 2019
IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN MASSACHUSETTS
Massachusetts will begin offering covered individuals paid family and medical leave in January 2021. The state has set forth certain requirements starting in June 2019 that employers must comply with:
June 30, 2019
o All employers in Massachusetts must notify covered individuals about their rights under the Massachusetts Paid Family and Medical Leave Act (PFML) by:
- Displaying the PFML workplace poster
- Providing written notice of contributions, benefits, and workforce protections to Massachusetts W-2 employees and Massachusetts 1099-MISC contractors; and
- Collecting signed acknowledgments of receipt of such notice
July 1, 2019
o Employers must begin deducting payroll contributions from a covered individual’s wages to fund the PFML benefits.
o A covered individual’s average weekly earnings will determine his or her benefit amount, for a maximum benefit of up to $850 per week.
January 1, 2021
o Covered individuals will be entitled to up to 20 weeks of paid medical in a benefit year if they have a serious health condition that incapacitates them from work.
o Covered individuals will be entitled to up to 12 weeks of paid family leave in a benefit year for:
- The birth, adoption or foster care placement of a child; or
- Because of a qualifying exigency arising out of the fact that a family member is on active military duty or has been notified of an impending call to active duty.
o Covered individuals may be entitled to up to 26 weeks of paid family leave in a benefit year to care for a family member who is a covered service member with a serious health condition.
July 1, 2021
o Covered individuals may be entitled to up to 12 weeks of paid family leave to care for a family member with a serious health condition.
If you have any questions regarding the PFML or any other labor and employment law matter, please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.
Posted in employer law, News, Recent Legal Developments | Tagged employer law, Employer Law Update, Massachusetts paid leave, Medical Leave, Paid Family leave
Published Franklin, Gringer, Cohen PC on May 20, 2019
IMPORTANT LAW UPDATE IN NEW YORK CITY:
Effective May 10, 2020, employers and employment agencies in New York City will be prohibited from requiring job applicants to submit to marijuana drug testing as a condition of employment.
This law shall not apply to the following roles:
o Police officers or other safety-related positions
o Positions that require a commercial driver’s license
o Positions requiring the supervision or care of children, medical patients or vulnerable persons
o Certain federal contractors
Employers should take the following action:
o Review and revise existing drug-testing policies
o Determine whether the law applies to the job applicant in question
If you have any questions regarding this law or any other labor and employment law issues, please call an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.
Posted in News, Recent Legal Developments | Tagged employer law, marijuana, marijuana drug testing, marijuana drug testing law, marijuana new york, new york city, nyc
Published Franklin, Gringer, Cohen PC on May 14, 2019
Firm Partner News:
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.
Posted in Firm News, News
Published Franklin, Gringer, Cohen PC on May 2, 2019
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.
Posted in News, Recent Legal Developments | Tagged EEO-1, employer, employer law, franklin gringer, ny
Published Franklin, Gringer, Cohen PC on February 13, 2019
IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN NEW JERSEY
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.
Posted in News, Recent Legal Developments | Tagged employer law, New Jersey minimum wage, wage
Published Franklin, Gringer, Cohen PC on February 11, 2019
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.
Posted in News, Recent Legal Developments | Tagged employer, employer law, lactation room, lactation room accommodation policy, lactation room accommodation policy march 2019, lactation room accommodation policy nyc, march 2019, new york city, nyc, nyc law
Published Franklin, Gringer, Cohen PC on February 7, 2019
IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN NEW YORK
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.
Posted in News, Recent Legal Developments | Tagged Cuomo Signed Gender Expression Non-Discrimination Act "GENDA", employer law, GENDA, Gender Expression Non-Discrimination Act
Published Franklin, Gringer, Cohen PC on January 14, 2019
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.
Posted in News, Recent Legal Developments | Tagged businesses, employer law, new york, nyc, nyc law, paid vacation, paid vacation law, Proposed New York City Paid Vacation Law
Published Franklin, Gringer, Cohen PC on December 18, 2018
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.
Minimum Wage
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.
Posted in News, Recent Legal Developments | Tagged minimum wage, new york, New York minimum wage
