New York Employment Law Blog

Tuesday, October 24, 2017

New York Paid Family Leave - Forms Now Available

On January 1, 2018, New York's Paid Family Leave law will go into effect.  The benefits are to be funded by a weekly contribution of each employee's weekly wages, which is now 0.126% of the weekly wage (capped at New York State's current average weekly wage of $1,305.92).  Employees will be eligible if he/she: (1) regularly works a schedule of at least 20 hours per week, at which point he/she will become eligible for leave after 26 consecutive weeks of work; or (2) works less than 20 hours per week, at which point he/she becomes eligible for leave after the 175th day of work.

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Friday, October 13, 2017

Reminder - Prohibition on Salary Histories in NYC

As a reminder, on October 31, 2017, the law prohibiting employers in New York City from asking about salary history goes into effect!  We blogged about this issue previously here: http://yalepollacklaw.com/lawyer/2017/05/05/Employees/New-York-City-Bans-Questions-About-Salary-History_bl29766.htm

Please ensure that you are aware of this law and are guided accordingly.  To the extent employment applications requested this information, they should be revisited and interviewers should be guided accordingly in questions they can/cannot ask.  For additional information, please call the Law Offices of Yale Pollack, P.
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Tuesday, September 12, 2017

Natural Disasters and the FMLA

In light of the recent weather that has taken over national attention with Hurricanes Harvey and Irene, it is as good a time as any to discuss how these natural disasters impact the employment world in the United States, including an employer’s obligation to provide leave under laws such as the Family and Medical Leave Act (the “FMLA”). 

The FMLA is a federal law that allows eligible employees (employees who have worked for at least 12 months for the employer for at least 1,250 hours in that period) to take leave under certain circumstances, if the employer is subject to such leave (the employer has to have at least 50 employees at the work location or within a 75-mile radius from the location).  Qualifying leave generally applies when an employee needs to take time off to care for herself or a close family member (spouse, child, parent) due to a serious health condition.

So what happens when a natural disaster hits?  Does FMLA come into play?

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Tuesday, July 25, 2017

Blind Persons Afforded Equal Protection for Online Ordering

On July 21, 2017, the Southern District Court in New York held that Title III of the Americans with Disabilities Act (the "ADA") covers claims by disabled individuals who seek to use a company's resources online.  The case is MarkettRead more . . .

Monday, July 17, 2017

New I-9 Form Released

Today, a new version of the Form I-9 was released by the United States Citizenship and Immigration Services.  The I-9 is a form that must be used by employers to document their efforts to verify the identity and employment eligibility of its employees.  The new version of the form can be found here: https://www.uscis.gov/i-9.

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Tuesday, June 20, 2017

New York City’s Fair Workweek Law

Mayor Bill de Blasio recently signed the Fair Workweek legislation, which is a series of laws that go into effect on December 1, 2017.  The laws are designed to create more predictable work scheduled for fast food workers in New York City.

Law Number 1 requires fast food employers to provide written notice to the employee of his/her work schedule, including regular and on-call shifts, at least fourteen (14) days before the employee’s first day of the new schedule.  The written notice must be posted in a conspicuous place at the workplace visible and accessible to all employees.  As well, the schedule must be transmitted to each employee, including by email if that is a method regularly used to communicate with employees.
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Monday, June 19, 2017

Protection from Discrimination for Employees Battling Cancer

It should go without saying that employees battling cancer are entitled to equal protection from discrimination and adverse treatment in the workplace. However, sadly, this is not always the case – and cancer-based discrimination cases are unfortunately on the rise. Recently, the Journal of Oncology Practice published a groundbreaking study concerning the effects of a cancer diagnosis on an employee’s workplace well-being.

Read more . . .

Monday, June 12, 2017

The United States Department Of Labor Withdraws Prior Interpretations On Independent Contractor And Joint Employment

On June 7, 2017, the United States Department of Labor (the “DOL”) announced that prior interpretations by the Wage and Hour Division on independent contractors and joint employment were being withdrawn. The guidance on independent contractors came from an Administrator’s Interpretation released in 2015, in which the DOL concluded that under the broad definition of “employ” under the Fair Labor Standards Act, that “most workers are employees under the FLSA.”  In 2016, the DOL released its guidance on joint employment, concluding that virtually all related employers that exercise control over a worker are joint employers, so that there is overtime liability for aggregated hours between the joint employers


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Sunday, June 11, 2017

Employee Discipline and Wrongful Termination

You may have a claim for wrongful termination if your firing is considered illegal. A termination may be illegal for a variety of reasons—from discrimination to retaliation for asserting your rights.

In most situations that involve discipline, a termination will not be illegal.

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Monday, May 15, 2017

Freelance Isn’t Free Act Goes Into Effect in New York City

Today, the Freelance Isn’t Free Act (“FIFA”) went into effect in New York City.  The law requires parties that engage “freelance workers” to reduce an agreement to writing when the value of the service provided is $800 or more.  Under the law, a “freelance worker” is “any natural person or any organization composed of no more than one natural person, whether or not incorporated or employing a trade name, that is hired or retained as an independent contractor by a hiring party to provide services in exchange for compensation.”  

The $800 valuation is determined by looking at the services for the project at issue, or when aggregating all the contracts for services between the parties in the preceding one hundred twenty (120) days. 

The written agreement must include, at a minimum, the following information:

  • the name and address of both the hiring party and the freelance worker,
  • an itemized list of the services that will be provided and the value of those services,
  • the rate and method of compensation, and
  • the date on which payment is due or the mechanism by which such date will be determined.
    Read more . . .

Tuesday, May 9, 2017

An Overview of Your Rights Under the Family Medical Leave Act

The Family Medical Leave Act (FMLA) is a federal law that allows you to take 12 weeks of unpaid time from work in certain serious health situations that affect you or your family. The FMLA allows you to leave your job for a period to address your own health problems or health problems related to your parent, child, or spouse without worrying about whether you will have a job to come back to after the crisis is over. You can take leave all at once, or you can take it intermittently over a period of time.

You must meet certain requirements to use

Read more . . .

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