Quarterly News Alert, Serving Employers in NY, NJ and CT
NYS employers must now comply with sexual harassment prevention policy and training mandates, following the state’s release of guidance and model documents; employers face new or updated postings and notices, and court decisions address issues with gig economy workers, damage waiver clauses and medical marijuana usage.
NYC responds to #MeToo with new employer mandates, NJ finally passes state-wide Sick and Safe Leave, Connecticut and Westchester County preclude pay history inquiries, the NLRB offers relief on employee handbook policies, and the U.S. Supreme Court speaks to class action waivers and FLSA exemptions.
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.