Beginning on January 1, 2018, New York employers will have to provide paid family leave to their employees. With less than 3 months to go, the law is already in effect in many ways and employers are strongly urged to take steps now to ensure that they are ready to roll come January 1st. This post provides an overview for employers to better understand their obligations under New York’s new Paid Family Leave law (PFL) and its accompanying regulations (which are available here and here) including implementing new policies and administering claims. Continue Reading New York Paid Family Leave Law – A Comprehensive Breakdown for Employers
Brie Kluytenaar is a Practice Group Associate in the firm’s New York office. Brie’s practice focuses on a range of employment law matters. She has represented clients in matters arising under the Taylor Law, the National Labor Relations Act, state and federal employment discrimination statutes, the New York State Freedom of Information Law, and the New York State Administrative Procedures Act. Brie is experienced in handling arbitrations, preparing witnesses, and counseling and advising clients on legal strategies relating to disciplinary investigations, compliance with federal, state, and local laws, risk avoidance, and potential litigation.
Last month, the EEOC filed a lawsuit against Estee Lauder in a Pennsylvania federal court alleging that Estee Lauder’s parental leave policy discriminates against employees on the basis of gender by providing unequal benefits to biological mothers and fathers. What’s notable about this lawsuit is that it involves a policy which, on its face, uses a “primary” and “secondary” caregiver distinction that provides different amounts of leave to employees based on that distinction without regard to their gender – a practice used by many employers in their parental leave policies. This lawsuit has left many employers wondering whether such a policy is at risk of being unlawful. We do not think it is at this time.
Mayor de Blasio recently signed into law five bills collectively called the “Fair Workweek” legislative package, which will significantly impact employers in the retail and fast food industries. The laws are scheduled to take effect on November 26, 2017 – just after Thanksgiving.
As expected, the New York State Department of Labor (DOL) recently appealed the decision of the New York Industrial Board of Appeals invalidating the DOL regulations concerning employers who use direct deposit or payroll debit cards to pay employees. The regulations, which were scheduled to take effect on March 7, 2017, were invalidated in February 2016. We reported on that decision here. We will continue to provide updates here as this case moves forward; but for now, the law on this issue remains in flux. Stay tuned!
As we recently blogged about here, efforts to ban inquiries related to applicants’ salary history have gained momentum across the country. Last Friday, New York City Mayor Bill de Blasio joined this trend by signing into law a bill prohibiting New York City employers from inquiring about prospective employees’ salary history. When it takes effect on October 31, 2017, the law will prohibit employers from communicating “any question or statement to an applicant, an applicant’s current or prior employer, or a current or former employee or agent of the applicant’s current or prior employer, in writing or otherwise, for the purpose of obtaining an applicant’s salary history, or to conduct a search of publicly available records or reports for the purpose of obtaining an applicant’s salary history.” “Salary history” includes the applicant’s current or prior wage, benefits or other compensation.
We had such a spirited panel discussion on pay equity at our Third Annual Employment Law Summit recently that we wanted to follow up with a post addressing the current state of play on pay equity legislation, particularly with respect to salary history disclosure laws. This is a rapidly advancing area of the law in which we continue to see new developments.
March Madness isn’t the only thing we are excited about over here at Employment Matters. Right on the heels of the tournament, we will be hosting our annual Employment Law Summit. One of the issues my colleague Andrew Bernstein will address with a panel of key players is pay equity. No, not play equity – pay equity.
Harassment has long been an Achilles’ heel of the workplace. Believe it or not, like the NCAA’s tournament TV ratings, the number of harassment-related lawsuits has held rather steady since the 1990s! And like most NCAA tournament games, the workplace can often be fast-paced and exhilarating, but it requires participants to play by the rules and when conduct goes out of bounds, participants must be benched or even ejected. In this regard, an employer must ensure that it has (1) the right players-personnel; and (2) systems in place not just for a successful season here and there, but for sustainable success over time that allows it to compete for the championship year after year. So what does this look like?
On February 16, 2017, the New York State Industrial Board of Appeals invalidated and revoked the NYS Department of Labor regulations we wrote about previously (and updated here) governing payment of wages by direct deposit or payroll debit card. The regulations were scheduled to take effect on March 7, 2017.
In October, we wrote about the new NYSDOL regulations for employers who use direct deposit and/or payroll debit cards to pay their employees. The regulations take effect on March 7, 2017 – just about a month from now – and they impose a host of new rules on employers, including the requirement to provide notice and obtain consent from employees who elect to receive wages by direct deposit or payroll debit card.