Employers will recall that in 2018, New York State and New York City imposed mandatory sexual harassment training obligations on employers, with the State requiring all employees be trained by October 9, 2019. Employers are reminded that both State and City law mandate that this training be conducted yearly, and New York City expanded its training requirement earlier this year to include independent contractors who work for the employer for at least 80 hours and 90 days per year.
Read MoreLast Friday, in response to a recent decision from the Southern District of New York, the Department of Labor (DOL) issued revised rules for implementing the Families First Coronavirus Response Act (FFCRA). The revised rules, which took effect on September 16, 2020, are discussed in further detail below.
Read MoreLast week, the Southern District of New York issued an opinion finding that the Department of Labor (DOL) exceeded its authority by issuing certain rules implementing the Families First Coronavirus Response Act (FFCRA). Specifically, the Court found to be invalid (1) the portions of the rules requiring employees to have work available to them to be eligible for leave, (2) the expansive definition of “healthcare provider”, (3) the requirement that the employer consent to intermittent leave, and (4) the timing of the documentation requirement.
Read MoreSince May 10, 2020, employers in New York City have been prohibited from requiring a prospective employee to submit to testing for the presence of any marijuana or tetrahydrocannabinols in their system as a condition of employment, unless otherwise provided by law. The NYC Commission on Human Rights recently adopted regulations identifying which positions qualify for the exemption to the testing ban based on their potential to significantly impact the health or safety of employees or members of the public.
Read MoreOn Monday, in a landmark ruling, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 prohibits employers from terminating an employee for being gay or transgender.
Read MoreAs New York and other jurisdictions gradually permit businesses to reopen, employers should begin developing a strategy for how and when to return employees to the workplace. This strategy must be informed by federal, state, and local regulations and guidance, as well as unprecedented practical considerations aimed at preventing the further spread of COVID-19.
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