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UPDATE: Sexual Harassment in New York

Updating our prior posts on sexual harassment training (May Blog, August Blog), the posters and fact sheets for employers are now available and should be distributed IMMEDIATELY by all New York City employers as the deadline to do so was September 6, 2018.  The Posters can be found here: English Poster, Spanish Poster; and the Fact

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The NYS Sexual Harassment Policies Are Now Available

On August 24, 2018, the New York State Division of Human Rights (“NYSHRL”) and the New York Department of Labor (“NYSDOL”) issued their long-awaited proposed model anti-sexual harassment policy and model anti-sexual harassment training program, which can be found here.  As set forth in our prior blog, every New York State employer must promptly adopt

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Lawyers – Know Your Judge’s Individual Rules!

In the case of In re Michael Stapleton Assocs. v. Michael Stapleton Assocs., 2018 U.S. Dist. LEXIS 140310 (S.D.N.Y. Aug. 17, 2018), the Court dismissed a plaintiff’s case with prejudice because the plaintiffs failed to follow the Judge’s Individual Practices.  The Judge assigned to this case has a specific rule addressing motions to dismiss, which is

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New York City’s Temporary Work Schedule Law

The laws in New York City keep on changing.  The latest: New York City’s Temporary Schedule Change Law, which went into effect on July 18, 2018. The new law requires employers to provide employees with at least two (2) temporary schedule changes per calendar year – for up to one (1) business day per request

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NYC Adds “Safe Time” to Earned Sick Time Act

Effective June 4, 2018, employers in New York City will officially have additional obligations to follow as it pertains to notifying employees about their rights under the Earned Sick Time Act (the “Act”).  On May 5, 2018, the Act added amendments to provide employees with “safe time” to employees  – or a family member of

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Supreme Court Upholds Arbitration Clauses

Today (May 21, 2018), the United States Supreme Court, in the case of Epic Sys. Corp. v Lewis, held that employers can require – as a condition of employment – that employees waive their rights to participate in class action lawsuits.  As a result, employers can now rely on arbitration provisions in employment contracts and handbooks

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Sexual Harassment – New York Increases Protections to Employees and Non-Employees

Recently, both New York State and New York City made changes to their laws to deal with the pervasive issue of sexual harassment in the workplace.  A number of different laws are being enacted, the highlights of which are provided below. New York State Mandatory Arbitration of Sexual Harassment Claims Prohibited. Effective July 11, 2018,

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Second Circuit Resolves Liquidated Damages Under the FLSA and NYLL

On April 6, 2018, in the case of Rana v. Islam, Case No. 16-CV-3966, the Second Circuit resolved a split in the circuits over whether liquidated damages for unpaid wages are recoverable under both the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL).   This resolved a split among district courts within the Second

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Sexual Orientation Protected Under Title VII

On February 26, 2018, the Second Circuit Court of Appeals held in the case of Zarda v. Altitude Express, Inc. that discrimination on the basis of sexual orientation is a violation of Title VII of the Civil Rights Act of 1964.  The decision overturned prior Second Circuit precedent from 2005 holding that sexual orientation claims are

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PREPARING FOR 2018!

As the New Year is just around the corner, now is an opportune time to remind individuals of some the upcoming changes in New York’s employment landscape. Wage Increases: The minimum wage for non-exempt employees in New York will increase as scheduled on December 31, 2017. The following new hourly minimums will apply: New York

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