As we have reported before, California is set to become the first state to prohibit employers from discriminating based upon hairstyle. Last week, Governor Gavin Newsom signed into law the “CROWN Act” (Create a Respectful and...more
Continuing the trend of states passing increasingly progressive employment regulations, Nevada recently enacted three new laws addressing paid leave, workplace drug testing, and minimum wage. ...more
The New York state legislature has passed a bill that would allow employees making certain claims for unpaid wages to obtain a lien against their employers’ property for the value of the claim, inclusive of liquidated...more
7/1/2019
/ Books & Records ,
Call-In Pay ,
Corporate Counsel ,
Fair Labor Standards Act (FLSA) ,
Governor Cuomo ,
Liens ,
Liquidated Damages ,
Minimum Wage ,
Payroll Deductions ,
Personal Liability ,
Privately Held Corporations ,
Proposed Legislation ,
Shareholders ,
State Labor Laws ,
Unpaid Overtime ,
Unpaid Wages
Currently, the New York Equal Pay Act provides that no employee shall be paid at a lesser wage rate than an employee of the opposite sex in the same establishment for equal work on a job requiring equal skill, effort and...more
6/26/2019
/ Attorney's Fees ,
Disparate Impact ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Liquidated Damages ,
NYCHRL ,
Pay Discrimination ,
Pay Equity Laws ,
Pending Legislation ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour ,
Willful Violations
New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the...more
6/25/2019
/ Affirmative Defenses ,
Attorney's Fees ,
Burden of Proof ,
Covered Employer ,
Damages ,
Employment Discrimination ,
Faragher/Ellerth defense ,
Governor Cuomo ,
Harassment ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Non-Employees ,
NYSHRL ,
Pending Legislation ,
Protected Class ,
Punitive Damages ,
State Labor Laws ,
Statute of Limitations
Under the Act, beginning in early 2022, employees will be eligible to receive partial pay benefits during leave taken under the existing Connecticut Family and Medical Leave Act (“CFMLA”). Covered reasons for leave under the...more
While the Court’s decision resolves a circuit split on the issue, it does not in fact alter the law in the majority of jurisdictions, with eight circuits having already held that failure to exhaust administrative remedies...more
6/5/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
Kansas City, Missouri is the latest jurisdiction (and the second Midwestern city in recent weeks) to enact a law that will prohibit employers from asking job applicants about salary history....more
Maine’s Governor Janet Mills has signed into law an Act Authorizing Earned Employee Leave (the “Act”), which will require covered employers to provide employees with up to 40 hours of paid personal leave per calendar year....more
5/30/2019
/ Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Employer Liability Issues ,
Exceptions ,
Governor Mills ,
Labor Law Violations ,
New Legislation ,
Paid Leave ,
Paid Time Off (PTO) ,
Penalties ,
State Labor Laws
The New York City Council is considering a bill that would expand the NYC Earned Safe and Sick Time Act (ESSTA) to provide eligible employees with “personal time” that could be used for any reason. The bill would also expand...more
5/29/2019
/ Accrual Requirements ,
City Councils ,
Earned Sick Time ,
Employee Benefits ,
Employer Liability Issues ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Proposed Legislation ,
Safe Leave ,
Sick Leave ,
Sick Pay
As we have previously reported, in late 2018, a Texas appellate court ruled that a similar paid sick leave ordinance enacted in Austin violated the Texas Minimum Wage Act and the Texas Constitution and was therefore...more
Covered Employees and Use of Leave Effective October 30, 2019, Westchester County, NY employers will be required to provide paid leave to employees who are victims of domestic violence or human trafficking. Leave under the...more
5/18/2019
/ Anti-Retaliation Provisions ,
Confidentiality Policies ,
Covered Employees ,
Domestic Violence ,
Employer Liability Issues ,
Harassment ,
Human Trafficking ,
Local Ordinance ,
Notice Requirements ,
Paid Leave ,
Paid Time Off (PTO) ,
Remedies ,
Required Documentation ,
Sexual Abuse ,
Sick Leave ,
Stalking
New Jersey will soon become the first state to require certain employers to offer employees tax-favored transportation benefits.
S.B. 1567, also known as An Act Concerning Pre-Tax Transportation Fringe Benefits (the...more
Washington is poised to become the ninth state to pass a law that would prohibit employers from asking job applicants about their salary history....more
As we have previously reported, New York State has recently enacted several significant measures regarding sexual harassment in the workplace. Effective October 9, 2018, all New York State employers are required to adopt...more
In follow up to recent amendments to the New York City Earned Safe and Sick Time Act (“ESSTA”), the NYC Department of Consumer Affairs Office of Labor Policy and Standards (“OLPS”) has amended its official rules, several of...more
11/2/2018
/ Accrual Requirements ,
Amended Rules ,
Earned Sick Time ,
Employment Policies ,
Local Ordinance ,
Notice Requirements ,
Paid Leave ,
Paid Time Off (PTO) ,
Safe Leave ,
Sick Leave ,
Sick Pay ,
Verification Requirements ,
Written Agreements
Westchester County, NY has become the latest jurisdiction to enact a law providing eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons. The Ordinance will take...more
The New York City Council recently passed two bills that would amend the NYC Human Rights Law to expand the requirements of employers with four or more employees to provide lactation space for breastfeeding employees. The...more
The New Jersey Department of Labor and Workforce Development (the “Department”) has issued a mandatory employee notice regarding the NJ Earned Sick Leave Law, which goes into effect on October 29, 2018. As we have previously...more
New York City’s new law requiring employers to engage in a “cooperative dialogue” with employees requesting reasonable accommodation and provide a written determination at the end of the cooperative dialogue process takes...more
10/16/2018
/ Americans with Disabilities Act (ADA) ,
Cooperative Dialogue ,
Disability Discrimination ,
Domestic Violence ,
Employer Liability Issues ,
Employment Discrimination ,
Interactive Process ,
New Rules ,
NYCHRL ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Discrimination ,
State Labor Laws ,
Undue Hardship
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss recent amendments to New York State law prohibiting sexual harassment. The law will require employers to distribute policies...more
10/8/2018
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Complaint Procedures ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Notice Requirements ,
Risk Management ,
Risk Mitigation ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
As we have previously reported, New York State has enacted several significant measures regarding sexual harassment in the workplace.
Effective October 9, 2018, all New York State employers are required to adopt written...more
The New Jersey Department of Labor and Workforce Development has issued proposed rules for the recently enacted New Jersey paid sick leave act (the “Act”), which will take effect on October 29, 2018. The proposed rules will...more
9/26/2018
/ Accrual Method ,
Medical Leave ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave Act ,
Proposed Rules ,
Public Comment ,
Public Hearing ,
Recordkeeping Requirements ,
Sick Leave ,
State Labor Departments ,
Statutory Penalties
Governor Bruce Rauner has signed into law a bill that expands protections for employees needing to express breast milk in the workplace. The law amends the preexisting Nursing Mothers in the Workplace Act (the “Act”) in...more
As we have previously reported, pursuant to provisions of the state budget signed into law this past April, effective October 9, 2018, all New York State employers will be required to adopt written sexual harassment...more
8/24/2018
/ Anti-Harassment Policies ,
Comment Period ,
Complaint Procedures ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Public Comment ,
Required Forms ,
Sexual Harassment ,
State Labor Laws