In one of our original posts, which is reprinted below, we discussed the importance of an employee handbook in protecting a business. As readers of this blog are aware, employment laws are constantly changing and implementing and updating, as necessary, a business’s employee handbook helps ensure compliance the law and reduces the risk of liability. Given the recent changes to employment laws, the importance of a handbook in protecting a business cannot be overstated and the five reasons listed below remain as applicable, if not more so, as they did in the past.Read More
New York City recently enacted two amendments to the New York City Human Rights Law (NYCHRL), which will go into effect later this year and expand employee rights under the law.
Amendment to Definitions of Sexual Orientation and Gender
The first amendment expands the definitions of "sexual orientation" and "gender" under the NYCHRL and will take effect May 11, 2018.Read More
In Woods v. START Treatment & Recovery Centers, Inc., the Second Circuit Court of Appeals held that an employee alleging unlawful retaliation under the Family and Medical Leave Act (FMLA), must prove that her exercise of FMLA rights was a "motivating factor" in an employer's adverse employment action. The "motivating factor" standard is a lower standard of causation than the "but for" standard typically used in the context of employment claims.Read More
I 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 More
During the application stage of the hiring process, New Jersey prohibits employers from making certain pre-employment inquiries of an applicant. For example, in an advertisement for a job opening or during an interview, employers cannot express any limitation, specification, or inquire about, an applicant's:Read More
It 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 More
Employers recognize that they typically must be familiar with and follow both federal and state laws in order to comply with applicable employment laws. The past few years have added an additional layer of regulation as there has been a growing trend for municipalities to pass local leave laws requiring employers to provide paid sick leave to employees.
Most employers understand that they should implement an employee handbook containing written employment and human resources policies. Unfortunately, many small and medium sized businesses delay implementing a handbook either due to mistaken concerns of cost, a sense that implementation of a handbook can be delayed, or a feeling that one is unnecessary because their workplace is very congenial. Such employers are missing out on very valuable advantages that handbooks create in the workplace. Five of these are outlined below.Read More