Welcome to July! As we head deeper into the summer, the employment law world continues to heat up (and we’re not just talking about the record temperatures across the country!). We have rounded up the most recent developments impacting employers here:

The U.S. Supreme Court closed out an epic 2017 term (pun slightly intended) with the issuance of Epic Systems Corp. v. Lewis, in which it held that contractual waivers of class arbitration in employment agreements are enforceable. Our colleague Gil Samberg also wrote about the decision over on our sister blog, ADR: Advice from the Trenches. The Court also handed down a significant decision in Janus v. AFSCME, holding that public employees who are not union members cannot be required to pay agency fees to a union even if that union represents them for purposes of collective bargaining. Last but certainly not least, Justice Anthony Kennedy announced his retirement from the bench, effective July 31.

At the state level, both New York and Maryland have recently enacted sweeping legislation in response to the #MeToo movement, which we wrote about here and here. New York employers must ensure that their employment agreements are in compliance with the new law by July 11, 2018. On the heels of the New York Paid Family Leave law, which took effect on January 1, 2018, Massachusetts Governor Charlie Baker just signed into law a new paid family and medical leave program that is even more generous than the New York law. That law also increases the state minimum wage and eliminates premium pay for Sundays and certain holidays. We outline the parameters of the new law here.

In New York City, the bill requiring employers to grant two temporary schedule changes per year takes effect on July 18th. Finally, in response to the bevy of leave laws that have recently been passed throughout the country, we will be debuting a new blog series addressing issues arising from and relating to leaves of absence. The series will include posts on navigating the ADA, performance and benefits issues for employees on leave, and the interplay between federal and state-specific leave laws. Stay tuned for more and as always, do not hesitate to contact your Mintz Levin ELB team with any questions about compliance with these laws.

Wishing our readers a happy and restful 4th of July!!

In the wake of the #MeToo movement and the nationwide discourse over the prevalence of sexual harassment in the workplace, New York State and New York City have taken aggressive steps to implement stronger protections against workplace harassment.  These new protections, which are now law in New York State and New York City, will require New York employers to revise their policies, procedures and agreements, deliver new training, and provide employees with additional information about sexual harassment.  Below, we summarize the new requirements and other changes in the law and discuss next steps.

Continue Reading New York Says #MeToo to Stronger Sexual Harassment Protections: A Summary of Action Items for Employers

On April 19, my colleague Andrew Bernstein and I will be discussing the increasingly complex web of federal, state, and local leave and accommodation laws that employers must navigate. As many companies are aware, the federal Family and Medical Leave Act provides up to 12 weeks (and in some cases, up to 26 weeks) of unpaid, job-protected leave to eligible employees and the Americans with Disabilities Act requires employers to provide reasonable accommodations, which may under some circumstances include flexible schedules and leaves of absence, to qualified individuals with disabilities.

Continue Reading Mintz Levin 4th Annual Employment Law Summit – Managing the Increasingly Complex Web of Leave and Accommodation Requirements

Phew – it has been a whirlwind of a month in the employment law world! Just in time for spring, new laws are popping up like crocuses just about everywhere we turn.

Here is your monthly rundown of the most recent developments in labor and employment law: The Supreme Court significantly narrowed whistleblower protections under Dodd Frank with its decision in Digital Realty Trust, Inc. v. Somers.  The Second Circuit became the second circuit court to prohibit sexual orientation discrimination when it issued a decision holding that sexual orientation discrimination is sex discrimination under Title VII. In New York, just as employers finished preparing for and implementing the New York Paid Family Leave law, New York City passed new legislation requiring employers to grant temporary schedule changes for qualifying personal events, and amending the requirements for employers and employees engaging in a cooperative dialogue concerning a reasonable accommodation. The Massachusetts Attorney General’s Office issued guidance on the pay equity law scheduled to take effect in July; Austin, Texas became the first Texas municipality to enact a paid sick and safe leave law; and new legislation intending to crack down on sexual harassment has been proposed in several jurisdictions, including Connecticut and New York City. Stay tuned for further updates and more details on these developments which we will be covering more extensively here in the coming weeks.

In the meantime, don’t forget to register to attend our Fourth Annual Employment Law Summit on April 19!

Last year New York State made significant changes to its wage orders resulting in increases to the State’s minimum wage, white collar overtime exemption salary thresholds, tip, meal and lodging credits, and uniform allowances.  The latest changes go into effect on December 31, 2017.  We quickly summarize the minimum wage and overtime salary threshold changes below, but urge you to visit our prior post here for more in-depth coverage, including best practices for compliance.

Continue Reading Reminder: New York Wage Thresholds Increase on December 31, 2017

As a reminder, the NYC law prohibiting employers and their agents from inquiring about or relying on an applicant’s salary history goes into effect today.

This means that as of today, employers cannot:

  • Ask for current salary or salary history on an employment application;
  • Ask about an applicant’s current or past salary (including wages, benefits, and other compensation);
  • Ask an applicant’s current or former employer or a staffing or recruiting agency for information related to an applicant’s current or past salary;
  • Search public records or the internet to find or verify an applicant’s current or past salary;
  • Rely on information about an applicant’s current or prior salary to set compensation.

We previously wrote about the new law here and here. If you have any questions, do not hesitate to reach out to your employment counsel for further guidance.

Trick or Treat! This month’s Bubbler is a cauldron full of hot new developments in employment law …  the NYC Salary History law is now in effect … California followed suit and its salary history law will take effect on January 1, 2018, just after Delaware and just before Massachusetts … Employers in New York are preparing to implement the new Paid Family Leave law, joining California, New Jersey and Rhode Island as the fourth state to provide this paid leave through employee-paid payroll taxes … The Supreme Court heard oral arguments in the class action waiver case … the NYC Council passed a bill to expand the Earned Sick Time Act … and the Third Circuit cited to a Harry Potter novel in an FLSA decision.

 

Beginning on October 31st, New York City employers will be prohibited from inquiring about or relying on salary history during the hiring process. As a reminder, this ban makes it an unlawful discriminatory practice for an employer, employment agency, or employee or agent of the employer to: (1) inquire about the salary history of an applicant; or (2) rely on salary history of an applicant to determine salary, benefits, or other compensation for such applicant during the hiring process. Employers should revise their hiring processes in order to comply with the new law as soon as possible.

Recently, the New York City Commission on Human Rights released guidance regarding the ban on salary history inquiries in the form of two “Fact Sheets.”  Both Fact Sheets answer the same questions, one from the perspective of employers, the other from the perspective of job applicants. The Fact Sheet for Employers provides the following questions and answers:

Continue Reading Reminder: New York City Ban on Salary History Inquiries Takes Effect October 31st

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.

Continue Reading New York City Enacts Fair Workweek Legislation for Retail and Fast Food Employers

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.

Continue Reading Update on New York City Legislation Limiting Salary History Inquiries