Mark S. Goldstein

Firm/Organization: Reed Smith LLP

Blogs: AdLaw By Request®, Employment Law Watch, Technology Law Dispatch

Latest Articles

New York State and City expand Human Rights Law protections to freelancers and independent contractors

By Mark S. Goldstein & Alexandra Manfredi

January 24, 2020

Independent contractors have long been excluded from the protections afforded by traditional workplace anti-discrimination laws. That is no longer the case in New York State and City. In recent months, legislators in both Albany and Manhattan have extended substantial workplace-related protections – once only afforded to traditional employees – to freelancers, consultants, and the like (that is, independent contractors). We will discuss these measures below. New York State Effective October 2019, the antidiscrimination provisions of…

Employment Law Watch

New year, new changes to New York state’s minimum wage and tip credit rules

By Mark S. Goldstein, Alexandra Manfredi & Leora Grushka

January 8, 2020

New York state rang in 2020 with a sweeping change to its minimum wage and tip credit rules that is expected to impact roughly 70,000 workers. On December 31, 2019, the New York State Department of Labor (the NYSDOL) recommended to Governor Andrew Cuomo that the state eliminate the tip credit for all miscellaneous industry workers (don’t worry, we will explain what that means). Governor Cuomo has announced that he will implement the recommendation, which…

Employment Law Watch

New York state’s reproductive health law necessitates handbook revisions

By Cindy Schmitt Minniti, Mark S. Goldstein & Leora Grushka

November 26, 2019

New York state employers, it’s time to dust off and update your employee handbooks again. Earlier this month, Governor Andrew Cuomo signed a law that protects employees against discrimination on the basis of their reproductive health decision-making. The law, which mirrors a recent bill passed by New York City lawmakers, also requires that employers in the state provide notice of the law in their employee handbooks/manuals. Under the new law, employers are, effective immediately, prohibited…

Employment Law Watch

New data security law has broad implications for New York employers

By Kimberly Gold, Mark S. Goldstein, Alexandra Manfredi & Jim Barbuto

October 25, 2019

On October 23, 2019, New York state’s Stop Hacks and Improve Electronic Data Security (SHIELD) Act went into effect. The law broadens the state’s existing breach notification laws and imposes new security obligations for companies doing business in New York, including an expanded focus on how companies handle biometric data. The SHIELD Act also applies to employee information, as long as there is at least one employee in New York state, regardless of the size…

Technology Law Dispatch

Implications for employers and the biometric landscape under New York’s expanded data security law

By Kimberly Gold, Mark S. Goldstein, Alexandra Manfredi & Jim Barbuto

October 25, 2019

Over the past several years, legislators from coast to coast have increasingly made data privacy and cybersecurity top priorities. The result has been a spike in the number and stringency of laws that impose proactive and reactive responsibilities – covering, for instance, data security and breach notifications – on companies that collect personal information, whether from their customers, their employees, end users, or others. That legislative trend has recently expanded previous obligations of companies conducting…

Employment Law Watch

NYC Council amends the New York City Human Rights Law definition of covered employer

By Cindy Schmitt Minniti, Mark S. Goldstein & Leora Grushka

October 8, 2019

New York City’s Human Rights Law (NYCHRL) is one of the broadest anti-discrimination statutes in the country. But does it apply to all Big Apple employers, regardless of size? A recent amendment passed by the City Council clarifies precisely which entities are considered “employers” for purposes of the NYCHRL. In its current incarnation, the NYCHRL simply states that it does not apply to any employer with fewer than four persons in its employ. This definition…

Employment Law Watch

New York City’s Commission on Human Rights issues new guidance on immigration status and national origin discrimination

By Cindy Schmitt Minniti, Mark S. Goldstein & Leora Grushka

October 4, 2019

For decades, the New York City Human Rights Law (NYCHRL) has provided protections against discrimination, harassment, and retaliation on the basis of an individual’s actual or perceived immigration status or national origin. However, last week, New York City’s Commission on Human Rights (NYCCHR) issued new guidance (the Guidance) that greatly expands the basis on which an employer can be penalized under the law. The Guidance provides examples to illustrate prohibited harassment and retaliation against individuals,…

Employment Law Watch

Fall to bring more than just foliage for New York employers

By Cindy Schmitt Minniti, Mark S. Goldstein & Alexandra Manfredi

September 12, 2019

New York lawmakers had a busy summer overhauling many of the state’s existing workplace laws. Many of the newly enacted changes, as well as others enacted within the past year, become effective in October 2019. Below we will highlight the new laws taking effect in October and discuss measures employers should take to ensure their workplaces are compliant. Already in effect: All New York State employers must provide new hires with a notice containing the …

Employment Law Watch

New York bolsters workplace safeguards for domestic violence victims

By Cindy Schmitt Minniti, Mark S. Goldstein & Alexandra Manfredi

September 9, 2019

Following New York City’s lead, New York state and Westchester County have each enacted laws providing additional workplace protections to victims of domestic violence. In this post, we will discuss these new laws and their impact on your business. New York state: Last month, Governor Cuomo signed legislation amending the state’s antidiscrimination laws with respect to victims of domestic violence. The new law, which goes into effect on November 18, 2019, prohibits employers from engaging…

Employment Law Watch

New York bans religious garb and grooming discrimination

By Cindy Schmitt Minniti, Mark S. Goldstein & Alexandra Manfredi

August 16, 2019

New York lawmakers have been busy this summer. First, in June, they passed a suite of bills significantly expanding the protections afforded by the state’s antidiscrimination law and adding remedies for employees asserting unpaid wage claims. Then in July, they loosened the definition of retaliation under the state’s labor law. They apparently were not done. On August 9, 2019, Governor Andrew Cuomo signed into law a bill barring employers from discriminating against employees for “the…

Mark S. Goldstein

New York State and City expand Human Rights Law protections to freelancers and independent contractors

New year, new changes to New York state’s minimum wage and tip credit rules

New York state’s reproductive health law necessitates handbook revisions

New data security law has broad implications for New York employers

Implications for employers and the biometric landscape under New York’s expanded data security law

NYC Council amends the New York City Human Rights Law definition of covered employer

New York City’s Commission on Human Rights issues new guidance on immigration status and national origin discrimination

Fall to bring more than just foliage for New York employers

New York bolsters workplace safeguards for domestic violence victims

New York bans religious garb and grooming discrimination

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