Quarterly News Alert, Serving Employers in NY, NJ and CT
NYS mandates annual sexual harassment prevention training and updated policies, imposes new employer obligations to prevent harassment of non-employees; NYC adds procedural requirements for employers with regard to employee schedule change and accommodation requests; NJ requires accommodations for nursing mothers and expands equal pay protections; U.S. Supreme Court denies Dodd-Frank whistleblower protection to those who complaint internally; and the Second Circuit holds that sexual orientation is a form of sex discrimination under Title VII.
Provisions in the new federal tax law should impact employment decisions; NLRB reverses course on handbooks, joint employers, and union-related issues; state wage rates increase again; NYC expands paid sick leave; restrictions on hiring inquiries are broadened; and the New York Court of Appeals interprets two provisions of the New York City Human Rights Law.
NYC rules restrict hiring inquiries, NYS Paid Family Leave forms, pivoting at the federal government level, and court cases make it easier for employees to prevail on FMLA retaliation claims, caution employers on overly broad confidentiality and arbitration clauses and the roll-out of new arbitration policies, and address overtime for Connecticut retail employees and employment rights of medical marijuana users.
New York City issues new laws regulating work schedules for retailers and fast food industry; status update on New York State Paid Family Leave Law; Connecticut enhances protection against pregnancy discrimination; federal government continues to retrench on worker protections; coverage of the latest Supreme Court and Second Circuit decisions.
New York State is countering the scaleback of wage reporting and paycheck transparency obligations for federal contractors with greater pay transparency and reporting for its state contractors and for all New York employers. Federal contractors must now satisfy annual data privacy training requirements, and OSHA has issued new guidance on preventing retaliation against whistleblowers. Also covered is the Connecticut Supreme Court’s recent clarification of the test for identifying independent contractors.