Introducing PRO ComplianceThe essential resource for in-house professionals. Enter Search Terms. Effective Jan. 6, 2020, New York has a new state law that prohibits all employers in the state from asking job applicants and employees about their past salaries or wages. Skip to content . New York employers should review their recruiting, interviewing, and hiring practices, as well as their promotion and internal transfer materials, to ensure compliance with the New York State and City bans on salary history inquiries. The legislation, which provides for the immediate accrual of employer-provided sick leave, permits sick leave to be taken beginning on January 1, 2021. New York-based firms could breathe a sigh of relief on New Year’s Day when Governor Andrew Cuomo vetoed the Securing Wages Earned Against Theft Act (SWEAT), which would have given employees the ability to place liens on their firm’s assets with respect to “wages” allegedly due to the employees. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. Positions requiring supervision of children and medical patients, Positions requiring federal drug testing, and, New York City employers that conduct pre-employment tests for cannabis may continue to do so until. The term “applicant” expressly includes part-time, seasonal and temporary workers. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices accordingly. As of December 31, 2019, the minimum wage for most employers in New York state shall be: As of December 31, 2019, the minimum wage for employees of “fast food establishments” working for a chain with 30 or more establishments shall be: We discuss New York fast food minimum wage laws in greater detail here and here. Do not consider this as a final interpretation of the law. New York City passes key amendments to paid safe and sick leave law By Mark S. Goldstein and Leora Grushka on 19 October 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations. New York Labor & Employment Law Blog. Rely on an applicant’s wage or salary history in determining whether to offer employment to that individual or in determining that individual’s wages or salary; Request or require wage or salary history from an applicant or current employee as a condition to be interviewed, or as a condition of continuing to be considered for an offer of employment, or as a condition of employment or promotion; Request or require the wage or salary history of an applicant or current employee from a current or former employer, current or former employee, or agent of the applicant or current employee's current or former employer; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee based upon prior wage or salary history; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee because such applicant or current employee did not provide wage or salary history in accordance with the law; or. Click to read more. The changes in salary threshold for administrative and executive exemptions depend on both the location of the employer and the number of employees. PRINT TO PDF . Potential remedies also include injunctive relief and attorneys’ fees. This change went into effect on August 12, 2019, and applies to all claims filed on or after that date. Importantly, the law requires employers who have a handbook to include in the handbook a notice of rights and remedies available under the new law. In the absence of such language, NDAs will be void and unenforceable to the extent they prevent disclosure of factual information related to any future claims of discrimination. In New York City, it is now $15.00 per hour for all size businesses. This legislation goes into effect on January 6, 2020. The New York State Department of Labor has issued new guidance clarifying employers’ obligations under the law. Twenty-one states increased their minimum wage rates on January 1, with four more plus the District of Columbia bumping rates up later in 2020. For current employees applying for new positions within the same company, the employer may consider information within its possession regarding compensation history with that employer, but cannot ask about compensation from prior employers. Menu Home About Services Contact Search. The New York State minimum wage increased on December 31, 2019. No. As we previously reported, all New York State employers are prohibited from inquiring about a job applicant’s (or current employee’s) salary or wage history when interviewing, hiring, promoting or making employment decisions. On April 3, 2020, Governor Cuomo signed into law New York’s Paid Sick Leave law. Labor Law. In addition, employers should take note of the following issues as they plan for the year ahead. Some exceptions to the law include certain: Additionally, the law will not bind employers who are a party to a collective bargaining agreement that "specifically addresses" the drug testing of applicants, but only as to those employees. The long-awaited changes to the federal overtime rules were finalized last fall and took effect on January 1, 2020.. As of December 31, 2019, the minimum wage for New York employers is: New York has increased the minimum salary an employee must be paid in order to qualify for the administrative or executive exemption under state wage and hour law. Employers are strictly prohibited from including any salary history questions on a job application, even if those questions are marked “optional.”. Notably, the ban applies only to applicants for employment. Effective May 10, 2020, New York City employers are prohibited from requiring job applicants to submit to a pre-employment drug test that screens for cannabis. By Mark S. Goldstein, Alexandra Manfredi and Leora Grushka on 3 August 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations The enactment of paid sick leave laws began as a state and local employment law trend roughly a decade ago, gaining substantial momentum in the mid-2010’s. On April 3, 2020 Governor Cuomo signed certain budget legislation that also included an amendment to the Election Law which resulted in the re-enactment of the pre … Some new laws make significant changes while others make smaller changes to existing law. New York state uses the FLSA as a starting point and offers some additional protections to specific groups of workers, as we will outline in this post. Accordingly, New York employers who rely upon the professional exemption must only comply with the federal salary threshold. Effective May 10, 2020, most employers in New York City will no longer be allowed to require applicants submit to a pre-employment test for cannabis. Beginning January 6, 2020, New York employers will be prohibited from inquiring into an applicant’s salary history during the hiring process or from current employees. Effective January 1, 2020: Under New York law, settlements of employment discrimination claims cannot prevent complainants from speaking to an attorney, the New York State Division of Human Rights, the U.S. Questions? As of mid-April 2020, the coronavirus pandemic has caused the loss of approximately 22 million jobs in the United States, based on the number of unemployment claims around the country since early March. For details, contact the NYS Department of Labor, Division of Labor Standards office in your area. Additionally, such information cannot be used to justify paying an employee less than employees in other protected classes who are performing substantially similar work under the Equal Pay Act. Effective January 7, 2020, New York employers are now prohibited from discriminating or retaliating against employees (or employees’ dependents) based on reproductive health decision-making. 2020 New York Employment Law Update - New York Updates Wage and Hour, Discrimination and Salary History Employment Laws Matthew Damm , Daniel McCoy Fenwick & West LLP New York law allows a number of exceptions to the state’s at-will employment doctrine. This may lead courts to depart from parallel analysis with federal employment laws, similarly to how courts now analyze New York City Human Rights Law (“City Human Rights Law”) claims separately and apart from claims under its federal law counterparts. Most of the new employment laws are are effective on January 1, 2020. Marijuana Testing in Employment As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. In 2019, we reported on scores of new laws that took effect last summer. Read the details about which employers are covered by this legislation, what actions are prohibited, exceptions, and enforcement. By Katherine Kimsey and Bruce Sarchet on June 9, 2020 Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. Because New York’s salary threshold for the administrative and executive exemptions is greater than the federal threshold, New York employers must comply with the higher state threshold for those exemptions. Thus, employers may still prohibit cannabis use at work, conduct reasonable suspicion testing of current employees and testing that arises out of an accident involving a current employee, and discipline employees for working while impaired. From 12/31/2019 to 12/30/2020, the basic minimum wage is $11.80 per hour in most of New York State. We can be contacted at our office in Manhattan at (212) 227-7070, at our office in Garden City at (516) 880-8170, or via our form online to set up a meeting. The Bureau of Public Work administers the following articles of the New York State Labor Law: Article 8 (Public Work) Article 8-A (Grade Crossing Elimination Work) Article 9 (Prevailing Wage for Building Service Employees) The NYS Labor Law is posted on the NYS Legislative website. Effective January 6, 2020, employers in New York State will be prohibited from relying on the wage or salary history of an applicant in determining whether to make an … Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. The law does not apply to certain safety-sensitive positions. That opens the door for cities to create their own rates, and Denver is already considering a minimum wage increase. Close. November 18, 2019. If you … Employers are encouraged but not required to proactively state in their job postings that they do not seek salary history information from job applicants. In … There are different hourly rates for workers in the fast food industry and those who receive tips. Moreover, employers must display in a conspicuous location a copy of the STLL and a poster in English, Spanish and any other language deemed appropriate by the County (this posting has yet to be published). The pertinent points are as follows: $13 per hour for Westchester, Nassau and Suffolk County employers, $11.80 for employers in the remainder of New York State, $1,125.00 per week ($58,500 annually) for New York City employers, $975.00 per week ($50,700 annually) for Westchester, Nassau and Suffolk County employers, $885.00 per week ($48,750 annually) for employers in the remainder of New York State. This section contains general information on the provisions of the laws governing the employment of minors in New York State. This legislation goes into effect on January 6, 2020. New York State also saw an increase on December 31, 2019, which brought the minimum wage for … While cannabis use remains illegal under federal law, and is only permitted for medical use in New York and in many other states, an increasing number of states have legalized cannabis use for off-duty recreational purposes. Through claims such as this, employees may be able to obtain compensation such as back and front pay, reimbursement of attorney fees, punitive damages and reasonable accommodations. On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill.This legislation, once effective, will overhaul New York’s antidiscrimination laws and uproot precedent that employers have relied upon for decades in defending harassment claims. Effective February 8, 2020: We highlighted this legislation in our previous client alerts (available here and here). I would recommend it to other attorneys.”, © Copyright 2006 - 2020 Law Business Research. The selection feature during registration helps in increasing the relevance of the content of the emails. Pursuant to the new legislation, no employer shall: Applicants and current employees may voluntarily, and without prompting, disclose or verify wage or salary history, such as for the purpose of negotiating wages or salary. Colorado could make our list for several reasons. We expect more cities in Colorado to follow suit. Businesses utilizing third-party staffing agencies or professional employment organizations should confirm that those entities’ pre-employment screening practices are consistent with New York City law. While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions remain regarding employers’ obligations under the law. We emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. Potential remedies also include injunctive relief and attorneys’ fees. It surprises many workers to know that New York labor laws about breaks do not require employers to provide any short rest or coffee breaks at any point during a worker's shift. This chart reflects the new salary thresholds, effective December 31, 2019: As described in our previous advisories (available here and here), the U.S. Department of Labor (DOL) publicized its final rule raising the salary threshold for the executive, administrative, and professional (EAP) exemptions under the FLSA to $35,568 per year, or $684 per week. On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a … While New York state has not yet provided guidance as to how employers can confirm this information, the New York City Commission on Human Rights has stated that employers may request a prospective employee’s W-2 form to verify representations made about salary history if the applicant, voluntarily and without prompting, offers information about salary history. Because New York’s salary threshold is greater than the federal FLSA threshold, New York employers must comply with the state threshold for administrative and executive exemptions. Need info about New York's employment and labor laws? Employers need to be aware of a few significant new 2020 employment laws that may affect their daily business operations, policies and employees. Today’s Long Island employment law blog discusses the provisions of this new law. This poster describes new laws that mandate paid leave for employees affected by the COVID-19 / Coronavirus epidemic. USA - New York: Employment & Labour Laws and Regulations 2020. URGENT: Mandatory Coronavirus Paid Leave Poster (FFCRA) As of April 1 2020, all employers in the United States with less than 500 employees MUST display or digitally distribute a Families First Coronavirus Response Act paid leave poster.. Similarly, businesses should review their agreements with testing labs to ensure that the labs with which they contract do not screen for cannabis as a matter of course. Search . Here’s a round-up of the most significant changes small and mid-size employers should be aware of. Under New York Labor Law of 2020, an employer who employs more than 10 employees must pay first $40 of the employees regular daily wages for the first 3 days of jury service. The law provides that employees can accrue sick leave time based on hours worked. While certain of those legal requirements became effective in 2019, employers should be aware of the following new requirements, and their corresponding effective dates: Non-disclosure agreements (NDA) entered into as part of employment contracts on or after January 1, 2020 must include an explicit carve-out allowing the employee or potential employee entering into the NDA to speak with “law enforcement, the Equal Employment Opportunity Commission, the state Division of Human Rights, a local commission on human rights, or an attorney retained by the employee or potential employee.”. The New HR Rules: Employment law updates for 2020. The next generation search tool for finding the right lawyer for you. Having passed or enacted many employment lawsin 2019, some wonder whether the state will eventually surpass California as the nation’s leader in that department. Additional information can be found here. We discussed that development in a pair of previous client alerts (available here and here). 2020 has, of course, been dramatically different. This change is effective January 1, 2020 and reflects an increase from the current $23,660 annual salary (or $455 per week). As previously summarized, Westchester County has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave. The seasoned New York employment discrimination attorneys of Gerstman Schwartz LLP are adept at helping employees pursue justice via civil lawsuits, and if you retain our services, we will work diligently to help you seek a fair outcome. As outlined in our prior alert, a multitude of changes in New York employment law have either gone into effect or will be in effect soon. NEW YORK STATE (WSYR-TV) — With a new year comes new laws, and a few of the laws set to go in place will affect a lot of people in 2020. That said, employers should avoid any disciplinary action against employees who are certified medical marijuana users, as they may be considered to have a recognized disability under New York law. Become your target audience’s go-to resource for today’s hottest topics. They’re easy to understand and I appreciate that they are only as long as necessary to cover the essentials. An employer may consider salary information disclosed by the employee voluntarily, but only if it is disclosed without prompting. New York City Mayor Bill DeBlasio has signed legislation extending the effective period of certain legal protections designed to support the City's. These legal obligations are spelled out in New York’s Election Law and are summarized below. We encourage employers with New York operations to review our prior guidance, particularly with regards to compliance with harassment and discrimination laws. 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