Business Owners, Do You Know How Many Employees Trigger Coverage Under New York’s Employment Laws?

In our previous posts, we discussed which major federal and New Jersey employment laws are triggered based upon the number of employees a business has. This post outlines which New York employment laws are triggered as a business grows and hires more employees. To complicate matters, many employers in the New York City metropolitan area have employees working in both New York and New Jersey, so need to comply with the laws of all three jurisdictions, plus potentially New York City’s laws.

Understanding the Difference Between HR Consultants and HR Attorneys: Which One Does Your Business Need?

A Human Resources (HR) consultant and an HR / employment law attorney are two distinct roles within the field of human resources, and they serve different functions. Yet many small business owners often confuse the two roles. This post will aim to clarify the distinction for anyone who is confused by the difference between the two roles.

Employment LawMichael MoreaFebruary 27, 2024human resources, compliance, employment policies, workplace policies

New York City Employers Must Update Their Safe and Sick Time Policies to Comply with the City’s Amended Regulations

New York City has amended its regulations for the City’s Earned Safe and Sick Time Act (ESSTA). The amended regulations cover numerous aspects of the ESSTA and became effective on October 15, 2023. Some of the more significant changes that might impact employer policies and practices are noted below

IT’S TIME FOR EMPLOYERS TO UPDATE THEIR FLSA AND FMLA POSTERS!

The United State Department of Labor (USDOL) has issued updated posters for the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Covered employers must replace the now outdated FLSA poster and should, but are not required to, replace the older FMLA poster.

Five Tips for Avoiding a Department of Labor Audit

In our prior post, we highlighted five tips for employers dealing with a Department of Labor (DOL) audit. However, as an employer, you want to avoid the hassle and costs associated with a DOL audit. An audit can be a time-consuming and expensive process, with potential penalties and legal fees adding up quickly. Therefore, it's crucial for employers to take proactive steps to avoid a DOL audit.

New York Closes Out 2022 with a Slew of Employment Laws

New York finished out 2022 by enacting a number of laws that employers in the state must be aware of and comply with entering 2023. The new laws cover matters such as lactation breaks, employment discrimination, workplace posters, and job advertisements. We have highlighted the requirements and effective dates of the new laws below.

New York Opens a Toll-Free Hotline for Workplace Sexual Harassment Complaints

Earlier this year, New York amended its Human Rights Law to require the New York Division of Human Rights (NYDHR) to establish a toll-free hotline for employees to report workplace sexual harassment complaints. The hotline has now been launched and New York employees may call (800) 427-2773 regarding any complaint of workplace sexual harassment. The hotline is confidential and staffed by pro bono NYDRH attorneys. Callers will receive free legal counseling and may submit a complaint regarding sexual harassment to the NYDHR.

New Jersey's Governor Murphy Reinstates Public Health Emergency and Mandates Vaccines and Boosters for all Health Care Workers

On January 11, 2022, New Jersey Governor Phil Murphy issued Executive Order No. 280 reinstating the State’s State of Emergency due to COVID-19. Exercising emergency powers, on January 19, 2022, Governor Murphy issued another Executive Order, No. 283, mandating that virtually all workers in the health care industry be vaccinated and receive booster shots for COVID-19. Previously, New Jersey healthcare workers had the option to be vaccinated for COVID-19 or submit to weekly testing.

New York Requires all New York Employers to Implement Their HERO Act Plans

On September 6, 2021, the New York State Department of Health (NYDOH) designated COVID-19 a highly contagious communicable disease under New York’s HERO Act. The HERO Act was enacted in May 2021 and required all employers in New York to adopt an Airborne Infectious Disease Exposure Plan. The HERO required all New York businesses to adopt either the model plan, published by the New York Department of Labor (NYDOL), or an alternate plan by August 5, 2021. The plans needed to be distributed to employees by September 4, 2021. The Model Plan prepared by the NYDOL can be found here.

Employment LawMichael MoreaSeptember 10, 2021New York, COVID-19, employee safety, employment policies, workplace policies

OSHA Revises its COVID-19 Guidance for Employers

As we previously posted, in June 2021, the Occupational Safety and Health Administration (OSHA) published Guidance on Mitigating the Spread of COVID-19 in the Workplace. On August 13, 2021, OSHA updated its Guidance based upon the Centers for Disease Control and Prevention’s (CDC) recently updated recommendation that fully vaccinated individuals should wear masks in indoor public settings in areas of “substantial or high transmission.”

New York's Legalization of Marijuana Includes Protections for Workers

New York recently enacted the Marihuana Regulation and Taxation Act (yes, the statute spells it marihuana), which legalizes recreational marijuana use by adults. The Act also contains related protections for employees, which employers in the Empire State need to comply with to avoid potential liability.

Business Owners Must Plan for COVID-19 Related Issues as Businesses Begin to Reopen

Both New Jersey and New York have started to take the first steps back in reopening businesses that have been closed due to the coronavirus pandemic. As restrictions continue to be lifted, business owners need to plan how best to make their workplaces safe for employees and the public.

Preparing Your Business for the Coronavirus

The ongoing outbreak of the novel coronavirus (COVID-19) raises numerous potential issues for employers. These include legal issues ranging from an employer’s obligation to provide a safe workplace and employee leave rights to practical matters such as whether to restrict business travel and allowing employees to work remotely. As the situation continues to develop, employers should prepare in case COVID-19 impacts their workforces by:

New Jersey Employers May Need to Update Their Employee Handbooks to Comply with the Temporary Disability Benefits Law and Earned Sick Leave Regulations

As readers of this blog are aware, in recent years New Jersey has been active in enacting laws and regulations benefiting employees. Recently, New Jersey amended the New Jersey Temporary Disability Benefits Law (TDB) to provide for job-protected leave for organ and bone marrow donors. Also, the New Jersey Department of Labor (NJDOL) issued its final regulations for New Jersey’s Earned Sick Leave Law (ESLL). The TDB amendment and ESLL’s final regulations may require employers to update their employee handbooks.

New Jersey Employers Must Update Their Workplace Postings to Include the NJDOL's New Family Leave Posters

As we previously posted, New Jersey recently expanded family leave entitlements for workers in the state. That included expanding coverage of the New Jersey Family Leave Act and New Jersey’s Family Leave Insurance benefits. The New Jersey Department of Labor (NJDOL) recently issued updated versions of the mandatory workplace posters for the New Jersey Family Leave Act and Family Leave Insurance. The NJDOL also issued updated its Frequently Asked Questions for Family Leave Insurance.

2019 Brings Significant New Obligations For New York Employers - Is Your Business Ready?

As we enter 2019, employers throughout New York must start preparing to comply with several new obligations going into effect this year at the state and local level.

Sexual Harassment Training

As we previously posted, both New York State and New York City significantly expanded their sexual harassment laws in 2018. Among other changes, both of those laws require employers to provide sexual harassment training in 2019.

Employment LawMichael MoreaJanuary 10, 2019New York City, New York, NYCHRL, workplace policies, sexual harassment, training

New York Significantly Expands Its Sexual Harassment Laws: Five Takeaways for Employers

On March 31, 2018, Governor Andrew Cuomo signed into law a sweeping expansion of New York's sexual harassment laws. The new legislation contains a number of provisions that will require most New York employers to update their policies and procedures for preventing and dealing with sexual harassment issues. Of particular note for employers are the following provisions:

Employment LawMichael MoreaApril 26, 2018New York, sexual harassment, workplace policies, training

Are You Leaving Your Business Exposed to a Sexual Harassment Lawsuit?

Sexual harassment claims continue to dominate headlines and remain at the forefront of social awareness. As is apparent from the news, social media, and the #MeToo movement, many women have been exposed to sexual harassment at work.

Sexual (or any unlawful) harassment can be devastating to a business. It erodes employee morale and productivity, negatively impacts employee retention, and exposes a business to significant liability and legal costs.

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