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We invite New York, New Jersey and Connecticut employers to view the latest issue of  Takeaways, our quarterly newsletter covering the most recent employment law changes.  For winter 2020/21, those include: expansive protections of New York City job applicants and employees based on criminal history; radical change in the employment relationship for fast food workers in New York City (also see our separate blog posting on that); the most current minimum wage rates for…
By Tracey I. Levy Employment “at will” — the ability to fire an individual for any reason or no reason at all and the individual’s right to quit at any time — has been the bedrock principle of the employment relationship in the United States throughout its history.  Collective bargaining agreements modify that relationship, contractually, in the union context.  Individual employment agreements may similarly include contractual limitations on the employment at will doctrine.  Employment laws…
By Tracey I. Levy Employers in New York State may have to pay employees at full salary for more than six weeks of COVID-19 leave (in addition to all other paid leave benefits offered by the employer or mandated by law) under new guidance issued by the New York State Department of Labor (“NYS DOL”) on January 20, 2021.  This is precisely the position that we flagged as a troubling open issue in our prior…
By Alexandra Lapes New York employers responding to the pandemic may have overlooked data privacy requirements that took full effect in March 2020 as part of the Stop Hacks and Improve Electronic Data Security (“Shield”) Act.  The Shield Act requires any business handling the “private information” of New York residents to comply with broadened data breach notification requirements, and for the first time it sets specific standards covered businesses and employers should take to maintain…
By Tracey I. Levy Employers are authorized, and to some degree required, to intrude into their employees’ personal lives and health issues as a screening tool to prevent the spread of COVID-19 in the workplace.  It is critical to remember, however, that the inquiries employers may currently be posing with regard to employees’ recent travel activity, physical health, and contacts with others represent a very limited exception to the general principle that employees in the…
By Tracey I. Levy As a post-script to our last blog post, the latest federal COVID-19 relief package, which was signed into law on December 27, 2020, includes a short-term extension of the FFCRA tax credit that offers some additional financial relief for New York State employers.  As we previously discussed, the paid leave requirements of the FFCRA are set to expire December 31, 2020, and the new COVID-19 relief package allows those requirements…
By Tracey I. Levy The Families First Coronavirus Response Act (“FFCRA”), which provides up to two weeks of paid, job-protected sick leave to covered employees for a variety of COVID-related reasons, and additional leave for care of a child related to COVID, is scheduled to sunset on December 31, 2020. Presently, there seems to be limited legislative or executive effort to extend the law beyond that date, even as we remain in the throes of…
By Tracey I. Levy and Alexandra Lapes By this January 2021, paid sick leave laws will impact all employers throughout the tri-state area of Connecticut, New Jersey, and New York.  The laws have some commonalities, but there are notable differences across jurisdictions that make it challenging for employers to draft a uniform policy. Consensus at the Macro Level: The sick leave laws all permit eligible employees of covered employers to accrue up to 40 hours…
By Tracey I. Levy and Alexandra Lapes As the new year quickly approaches, employers should aim to update their policies and practices to stay legally compliant and prepare their workforce for the new year.   In particular, employers in New York, Connecticut and New Jersey need to ensure they are complying with harassment prevention training requirements, have updated their sick and safe leave and their harassment and discrimination prevention policies, and have updated their procedures to…
By Tracey I. Levy and Alexandra Lapes Effective September 30, 2020, New York City is expanding its paid safe and sick time law (New York City’s Earned Safe and Sick Time Act or ESSTA), to bring the ESSTA in line with New York State’s statewide paid sick leave mandate, which is also set to take effect on September 30, by requiring more employers to provide paid leave to employees, and imposing some additional requirements.  More…