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.
The basketball court isn’t the only place you’ll see interesting uniforms this month. Many employers choose to implement and enforce their own uniform requirements and dress codes at work. But if done incorrectly, uniforms or dress codes may reinforce stereotypical gender roles and put transgender employees and applicants in a very uncomfortable place. In addition, some religious people in the workplace require exceptions to uniform requirements and dress codes in order to adhere to their beliefs. There was even a hotly debated Supreme Court opinion a couple years ago about a religious headwear exception to an employer’s dress code. These increasing changes in the law are forcing employers to take a time out to rethink their uniform and dress code strategies to make sure they do not travel out of bounds.
Over the next two weeks we will release our Year in Review segment, which will look at the key labor & employment law developments from 2016 in New York, the DC Metro Area, Massachusetts, and California while offering our thoughts about 2017. Today we kick off this segment with New York. In addition, please join us in NYC on April 6, 2017 for Mintz Levin’s Third Annual Employment Law Summit as we address some of the key labor & employment issues impacting employers in 2017. Register here.
2016 brought big changes for New York State and City employers, including expansive new discrimination protections and substantial increases in the minimum wage and exempt salary thresholds. While New York employers who successfully navigated 2016’s rush of legislative, regulatory and judicial obstacles might feel they’ve earned the right to shift their focus back from compliance issues to running their businesses, they should not lose sight of the additional challenges expected in 2017.
The New York City Human Rights Law now prohibits discrimination based on an individual’s actual or perceived status as a caregiver. Below, we briefly summarize the law and gauge its potential impact on the workplace.
Sometimes a judge says what many of us are already thinking. In Rivera v. Crowell & Moring L.L.P., Katherine B. Forrest was that judge.
Mayor Bill de Blasio and the Commissioner and Chair of the New York City Commission on Human Rights Carmelyn P. Malalis announced on February 9, 2016 that the Commission would begin accepting requests for and issue U and T visa certifications. Continue Reading The New York City Commission On Human Rights Becomes The First And Only Anti-Discrimination Agency In A Major U.S. City To Provide U And T Visa Certifications
Being a headliner is great but nothing beats being tapped as the opening act. Join me and my panel of corporate counsel and human resources professionals as we warm up the audience at Mintz Levin’s Second Annual Employment Law Summit.
The warm up for our headliner, Carmelyn P. Malalis, Commissioner and Chair of the New York City Commission on Human Rights (who will be addressing new protections and new initiatives in the New York City Human Rights Law), may have a swanky title (“Managing Workplace Policies in a Rapidly Changing Regulatory Environment”) but it will be grounded in practicality.
Today’s workforce is mobile, virtual, transient and litigious. What is a reasonable employer to do? Should multi-jurisdictional employers practice “most-favored” diplomacy? Or should they continue to stitch together a patchwork of employment policies?
Join us in New York on January 28 as our panel tackles these and other challenging issues. You can read more about these issues in advance of the seminar here.
By now, many of you have heard about our firm’s Second Annual Employment Law Summit in New York on Thursday, January 28th. The event features a keynote address by Carmelyn P. Malalis, Commissioner and Chair of the New York City Commission on Human Rights, and it also covers a variety of current employment-related topics.
You won’t want to miss my presentation, entitled “Affordable Care Act Reporting Requirements in Plain English,” which is particularly timely. While the IRS recently gave employers a modest reprieve (only a few months), much remains to be done in a relatively short period of time –an issue I recently addressed on this blog. I’d also encourage you to check out my 5 predictions about how compliance with the ACA reporting rules will unfold.
I look forward to seeing you on the 28th in New York.
PS—If you are not already subscribed to our blog, I invite you to do so here. We are planning to continue our weekly posts on the practical, real-world challenges and issues that employers and their advisors face as they navigate the Affordable Care Act.
Happy New Year to all of our readers!!! This is just a friendly reminder that our Second Annual Workplace Law Summit is quickly approaching. It will take place on January 28, 2016 in midtown Manhattan. Seating is limited so please register now.
This dynamic event will feature Commissioner Carmelyn P. Malalis speaking about New York City’s new discrimination laws and enforcement guidance (including regarding credit checks, criminal history, gender identity/expression and caregiver status discrimination) along with recent Commission initiatives. It will also offer various segments on the most important issues facing senior executives, HR professionals, and in-house counsel as they enter 2016: wage and hour, leave management, handbooks, ACA, and more. CLE and HR credit are both available.
This event is intended for HR Professionals, in-house counsel and senior executives.
For more information and to register, click here. We look forward to seeing you there.
And stay tuned for future blog posts previewing our 2016 Employment Law Summit event – first one goes live tomorrow.