Effective February 8, 2020: For example, employers should review their materials and remove any questions that expressly or impliedly “require” applicants and current employees to reveal prior compensation information. In the remainder of the state, it is $11.80 per hour. New York City amended its Human Rights Law (NYCHRL) to prohibit inquiries into applicants’ salary histories during the hiring process. New York law allows a number of exceptions to the state’s at-will employment doctrine. We can be contacted at our office in Manhattan at (212) 227-7070, at our office in Garden City at (516) 880-8170, or via our form online to set up a meeting. While cannabis use remains illegal under federal law, and is only permitted for medical use in New York and in many other states, an increasing number of states have legalized cannabis use for off-duty recreational purposes. This law became effective October 31, 2017. In the absence of such language, NDAs will be void and unenforceable to the extent they prevent disclosure of factual information related to any future claims of discrimination. Effective January 7, 2020, New York employers are now prohibited from discriminating or retaliating against employees (or employees’ dependents) based on reproductive health decision-making. USA - New York: Employment & Labour Laws and Regulations 2020. As a result, employers may still prohibit cannabis use as a matter of policy, test current employees for cannabis use and administer discipline for violations of the employer’s drug policy. If you have questions, please review our minimum wage information page. November 18, 2019. Under the STLL, starting on or before January 28, 2020, all employers must provide employees a copy of the STLL (here) and a written notice of the law (here). NEW YORK STATE (WSYR-TV) — With a new year comes new laws, and a few of the laws set to go in place will affect a lot of people in 2020. Subject to exceptions for a limited number of specific occupations (e.g., police officers, commercial truck drivers), the new law considers it an “unlawful discriminatory practice” to require applicants for employment to “submit to testing for the presence of any tetrahydrocannabinol or marijuana.”. But we’re going to focus on the local level. New York State also saw an increase on December 31, 2019, which brought the minimum wage for … Anniken Davenport. Employers may ask job applicants for their salary expectations for the open position. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. New York City first adopted a local paid sick leave law … In … Beginning January 6, 2020, New York employers will be prohibited from inquiring into an applicant’s salary history during the hiring process or from current employees. Health Law §3369(2); Wild , 2020 … As of December 31, 2019, the minimum wage for New York employers is: New York has increased the minimum salary an employee must be paid in order to qualify for the administrative or executive exemption under state wage and hour law. NYC Bans Pre-Employment Marijuana Testing As of May 10, 2020, New York City employers will be prohibited from conducting pre-employment drug testing for THC, the active ingredient in marijuana. This legislation goes into effect on January 6, 2020. No. The pertinent points are as follows: $13 per hour for Westchester, Nassau and Suffolk County employers, $11.80 for employers in the remainder of New York State, $1,125.00 per week ($58,500 annually) for New York City employers, $975.00 per week ($50,700 annually) for Westchester, Nassau and Suffolk County employers, $885.00 per week ($48,750 annually) for employers in the remainder of New York State. New York City passes key amendments to paid safe and sick leave law By Mark S. Goldstein and Leora Grushka on 19 October 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations. We emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. Twenty-one states increased their minimum wage rates on January 1, with four more plus the District of Columbia bumping rates up later in 2020. The salary threshold is the minimum salary employers can pay workers classified as exempt pursuant to the administrative and executive exemptions under New York state law. Effective May 10, 2020, New York City employers are prohibited from requiring job applicants to submit to a pre-employment drug test that screens for cannabis. Here’s a round-up of the most significant changes small and mid-size employers should be aware of. There are different hourly rates for workers in the fast food industry and those who receive tips. On April 3, 2020 Governor Cuomo signed certain budget legislation that also included an amendment to the Election Law which resulted in the re-enactment of the pre … There are different minimum wage rates for: the fast food industry; Long Island; Westchester County; and New York City. New York State and New York City Minimum Wage Increases. Register to Access. On April 3, 2020, Governor Cuomo signed into law New York’s Paid Sick Leave law. We discussed that development in a pair of previous client alerts (available here and here). Notably, the ban applies only to applicants for employment. Businesses utilizing third-party staffing agencies or professional employment organizations should confirm that those entities’ pre-employment screening practices are consistent with New York City law. Under New York Labor Law of 2020, an employer who employs more than 10 employees must pay first $40 of the employees regular daily wages for the first 3 days of jury service. Under the New York state law, individuals have a private right of action for compensatory damages sustained as a result of a refusal to hire or retaliation based on failure to provide wage or salary information. In all the other instances, the employer is not required to pay an employee for the time spent serving on a jury. On August 12, 2019, Governor Cuomo signed in to law legislation that expands worker protections under the New York State Human Rights Law (NYSHRL). Terminating workers under these exceptions could afford employees the right to take legal action. Today’s Long Island employment law blog discusses the provisions of this new law. The long-awaited changes to the federal overtime rules were finalized last fall and took effect on January 1, 2020.. Effective May 10, 2020, New York City employers are prohibited from requiring job applicants to submit to a pre-employment drug test that screens for cannabis. Effective May 10, 2020, most employers in New York City will no longer be allowed to require applicants submit to a pre-employment test for cannabis. The law may be read as limiting the prohibition to inquiring about current employee’s. 2020 New York Employment Law Update - New York Updates Wage and Hour, Discrimination and Salary History Employment Laws Matthew Damm , Daniel McCoy Fenwick & West LLP Specifically, the law provides that an employer shall not “discriminate nor take any retaliatory personnel action against an employee with respect to compensation, terms, conditions or privileges of employment because of or on the basis of the employee’s … New York City Mayor Bill DeBlasio has signed legislation extending the effective period of certain legal protections designed to support the City's. While the duties test for these exemptions remains unchanged, effective December 31, 2019, the minimum exempt salary is: Effective January 1, 2020, the minimum exempt salary under the federal Fair Labor Standards Act increased to $684 per week ($35,568 annually) for the executive, administrative and professional exemptions. Read the details about which employers are covered by this legislation, what actions are prohibited, exceptions, and enforcement. This chart reflects the new salary thresholds, effective December 31, 2019: As described in our previous advisories (available here and here), the U.S. Department of Labor (DOL) publicized its final rule raising the salary threshold for the executive, administrative, and professional (EAP) exemptions under the FLSA to $35,568 per year, or $684 per week. This change went into effect on August 12, 2019, and applies to all claims filed on or after that date. With layoffs becoming increasingly common, New York City employment attorneys are seeing that more and more workers are being asked to sign severance agreements as they are shown the door. 1415-A and Proposed Int. They’re easy to understand and I appreciate that they are only as long as necessary to cover the essentials. Effective January 6, 2020, employers in New York State will be prohibited from relying on the wage or salary history of an applicant in determining whether to make an … By Mark S. Goldstein, Alexandra Manfredi and Leora Grushka on 3 August 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations The enactment of paid sick leave laws began as a state and local employment law trend roughly a decade ago, gaining substantial momentum in the mid-2010’s. A searchable directory of the comprehensive jurisdictional and local coverage XpertHR offers to help employers ensure they are compliant with US employment laws. Exempt status under both exemptions is based on (1) the payment of a minimum exempt salary; and (2) whether the employee meets the duties test of the applicable exemption. New York City Human Rights Law Effective January 11, 2020, the City law will apply to independent contractors. If you … From 12/31/2019 to 12/30/2020, the basic minimum wage is $11.80 per hour in most of New York State. Employers are strictly prohibited from including any salary history questions on a job application, even if those questions are marked “optional.”. New York-based firms could breathe a sigh of relief on New Year’s Day when Governor Andrew Cuomo vetoed the Securing Wages Earned Against Theft Act (SWEAT), which would have given employees the ability to place liens on their firm’s assets with respect to “wages” allegedly due to the employees. Questions? The changes in salary threshold for administrative and executive exemptions depend on both the location of the employer and the number of employees. “I have found the articles in Lexology/Newsstand to be closely related to the topics I am interested in. Menu Home About Services Contact Search. Similarly, businesses should review their agreements with testing labs to ensure that the labs with which they contract do not screen for cannabis as a matter of course. This new legislation is relatively unclear about whether and how an employer can use a current employee’s available salary information for promotions. Ellen Bardash | December 17, 2020. Enter Search Terms. Need info about New York's employment and labor laws? Close. The new threshold, also effective January 1, 2020, will be $107,432 annually (up from $100,000). In my prior post I wrote about a few of the new laws (click here to view), but now that the legislative year is closed, I wanted to cover five additional key employment laws that California employers need to understand and be aware of going into 2020: These legal obligations are spelled out in New York’s Election Law and are summarized below. In addition, the law restricts employers from accessing an employee’s personal information regarding the employee’s or the employee’s dependent’s reproductive health decision-making. The next generation search tool for finding the right lawyer for you. New N.Y. Employment Laws in 2020. Rely on an applicant’s wage or salary history in determining whether to offer employment to that individual or in determining that individual’s wages or salary; Request or require wage or salary history from an applicant or current employee as a condition to be interviewed, or as a condition of continuing to be considered for an offer of employment, or as a condition of employment or promotion; Request or require the wage or salary history of an applicant or current employee from a current or former employer, current or former employee, or agent of the applicant or current employee's current or former employer; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee based upon prior wage or salary history; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee because such applicant or current employee did not provide wage or salary history in accordance with the law; or. No. Enter your email address to instantly generate a … However, New York’s minimum salary threshold applies only to the administrative and executive exemptions, not the professional exemption. See N.Y. Pub. Through claims such as this, employees may be able to obtain compensation such as back and front pay, reimbursement of attorney fees, punitive damages and reasonable accommodations. This is the big one. Compliance with the draft of new New York legislation should be on every employer’s list of New Year’s resolutions. As previously summarized, Westchester County has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave. Federal laws Overtime. As of mid-April 2020, the coronavirus pandemic has caused the loss of approximately 22 million jobs in the United States, based on the number of unemployment claims around the country since early March. Skip to content . Search . 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