Mark S. Goldstein

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On February 19, 2019, the New York City Commission on Human Rights (NYCCHR) issued new enforcement guidance regarding (1) policies that place restrictions, or ban, naturally curly hair, dreadlocks, braids and cornrows, among other hairstyles; or (2) neutral grooming policies that are discriminatorily applied to employees based on aspects of their appearance associated with race. In its guidance, the NYCCHR emphasized that the New York City Human Rights Law (NYCHRL) “protects the rights of New…
In Amaya v. Ballyshear LLC, et al., a case before a New York Federal District Court, Nelly Amaya, a Long Island resident, alleged that her former employers engaged in unlawful discrimination and retaliation, in violation of the New York City Human Rights Law (NYCHRL). Amaya’s employers argued that Amaya failed to show that their alleged conduct had an “impact” on her within the confines of New York City. At the time of the alleged conduct,…
This week, the New York City Council passed new amendments to the New York City Human Rights Law, which prohibit employment discrimination, discriminatory harassment and violence on the basis of an individual’s sexual and reproductive health decisions. A copy of the new, amended law can be found here. The amended law defines “sexual and reproductive health decisions” as any decision by an individual to receive services, which are arranged for, or offered or provided to…
Beginning March 18, 2019, New York City employers with four or more employees will be required to provide lactation rooms to employees upon request. Specifically, under two bills recently passed by New York City Council (Int. No. 879-A and Int. No. 905-A), New York City employers must: Upon request, provide a lactation room and a refrigerator suitable for breast milk storage within reasonable proximity to the employee’s work area Provide a written lactation room policy…
On October 15, 2018, the New York City Human Rights Law (CHRL) was amended to require employers to engage in a “cooperative dialogue” with individuals who may be entitled to a reasonable accommodation under the CHRL. Whereas federal and state laws require an “interactive process” to determine a reasonable accommodation, the CHRL requires that employers go one step further – employers must engage in a good faith written or oral dialogue concerning: The person’s accommodation…
New York City is at it again – continuing its quest to be the most employee-friendly jurisdiction in the country. On January 8, 2019, NYC Mayor Bill de Blasio announced proposed legislation that would require private employers to provide employees with mandated paid time off/vacation. If passed by the City Council, the law would be the first of its kind in the nation, requiring employers to provide paid time to use for vacation and other…
As we previously reported, on October 9, 2018, two landmark New York State laws concerning sexual harassment prevention take effect. These laws require that all Empire State employers: Implement a written sexual harassment prevention policy that meets or exceeds the content of a model sexual harassment prevention policy prepared by State regulators, and Provide employees with annual sexual harassment prevention training that meets or exceeds the content of a model sexual harassment prevention training…
With a few minor tweaks here and there, your company has probably relied on the same severance and employment-related settlement agreements for years. Sure, you touch base with your friendly neighborhood employment lawyer from time to time to ensure there haven’t been any significant legal developments that necessitate revisions. But aside from peripheral alterations, these agreements have, by and large, retained their same basic form and content. Among the most important terms of your company’s…
On July 18, 2018, New York City’s temporary scheduling provisions of the New York City Fair Workweek Law went into effect. As a reminder, this law requires covered employers to grant employees a maximum of two temporary work schedule changes per calendar year for qualifying personal events. Also, the law prohibits employers from retaliating against employees who exercise these rights and does not permit employees to waive these rights. To assist employers and workers in…
Earlier this year, New York Governor Andrew Cuomo signed into law the State’s Budget Bill for fiscal year 2018-19. Astute employers may recall that the Budget Bill has in the past been the Governor’s preferred mechanism for enacting sweeping employment law reforms. For example, the 2016-17 Budget Bill included provisions that will ultimately increase the statewide minimum wage to $15/hour by 2021. The 2016-17 Bill also laid the groundwork for the State’s paid family leave…