On March 12, 2024, New York Labor Law Section 201-i becomes effective and prohibits employers from requesting or requiring that an applicant or employee disclose a username, password, or other means to access a personal account or service. This will effectively ban New York employers from demanding access to employee (or applicant) personal social media accounts, videos, photographs, blogs, instant messages, or similar electronic content.
Read MoreAs we discussed in a previous blog post, New York implemented a Pay Transparency law, which went into effect on September 17, 2023. New York’s Pay Transparency law requires employers to, among other things, include the compensation, or compensation range, in any job ad. Employers must also generally include a job description in the ad. The New York Department of Labor recently released Frequently Asked Questions (FAQs) and an Employer Fact Sheet for the Pay Transparency law.
Read MoreAs a business owner, hiring the right employees is one of the most important things will you do to grow your business. A well-executed hiring process can lead to a successful and productive team, while hasty decisions can result in costly mistakes. Below are five hiring dos and don’ts that will help you navigate the hiring process.
Read MoreEffective May 15, 2022, employers advertising jobs in New York City will be required to post the minimum and maximum salary for the job in any job listing. Failure to post the salary range will be deemed an unlawful employment practice under the New York City Human Rights Law.
Read MoreNew York recently enacted legislation significantly expanding its equal pay laws and prohibiting employers from inquiring into an applicant’s salary history. These new laws bring New York State, as a whole, in line with laws currently in effect in New York City and become effective October 8, 2019.
Currently, New York law protects against gender-based pay inequality by requiring equal pay for equal work. The new legislation, similar to New Jersey’s recent pay equity law expansion, requires equal pay for “substantially similar work” and applies to all protected categories, including, race, sexual orientation, and disability, not just gender.
Read MoreOn July 25, 2019, following a similar trend in other states, New Jersey enacted a ban on employers inquiring into an applicant’s prior salary history. This ban goes into effect on January 1, 2020, and is intended to complement the Diane B. Allen Equal Pay Act, which became effective July 2, 2018.
The new law prohibits employers from requiring applicants to provide salary history or requiring that an applicant’s salary history meet any minimum threshold for consideration for a position.
Read MoreAs I previously posted, beginning October 31, 2017, it will be unlawful in New York City for an employer to inquiry about a job applicant's salary history during the hiring process or rely upon an applicant's prior salary history when setting compensation. The New York Commission on Human Rights, which enforces the law, has issued an Employer Fact Sheet and a Job Applicant Fact Sheet providing guidance on the law.
Read MoreI previously wrote about issues faced by employers when hiring employees. As I discussed, in order to comply with all legal requirements surrounding hiring, employers must be familiar with federal law as well as applicable state and local laws. As with New Jersey, New York has implemented specific requirements that an employer must understand in order to not run afoul of the law when hiring an employee. Employers in New York City have even more requirements they must comply with.
Read MoreIt is an exciting time for a growing business preparing to hire its first employees. However, failing to properly prepare for the legal and business issues that arise with hiring employees can expose a business to significant liabilities and jeopardize its growth.
Read MoreOn May 4, 2017, Mayor de Blasio signed legislation prohibiting employers from inquiring into, or relying on, an applicant's salary history at any stage in the employment process. This salary history inquiry ban will take effect October, 31, 2017 and continues a trend in New York City to enact local laws effecting the employment relationship. Other relatively recent New York City legislation includes the NYC Earned Sick Time Act and the NYC Commuter Benefits Law.
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