Late on June 19, New York lawmakers passed a bill that makes wide-sweeping changes to New York State discrimination and harassment law. Gov. Andrew Cuomo has indicated that he will sign the bill, but he has not done so at this point. The bill implements changes related to the construction, definitions, proofs, affirmative defenses, policies and remedies related to discrimination and harassment. Construction, Definitions and Proofs First, the bill amends the definition of “employer” in…

Employment Law Spotlight

High Times for Employees in Nevada: New Restrictions on Preemployment Drug-Screening of Applicants Who Test Positive for Marijuana

By Jacob A. Bruner on June 18, 2019

Beginning in 2020, Nevada employers can no longer refuse to hire a job applicant for failing a preemployment marijuana screening test. The law, known as “AB132,” became effective on June 5 and is the first of its kind among the states. Although the law is limited in scope to drug screenings involving the presence of marijuana, it has broad implications for employers operating in Nevada (and potentially for employers in other states). The full text…

Employment Law Spotlight

Connecticut Passes Generous Paid Family and Medical Leave Law

By Saima Sheikh on June 16, 2019

Joining a steadily growing national trend, the Connecticut Legislature recently passed a generous paid family and medical leave bill, which will make Connecticut the seventh state — in addition to California, Massachusetts, New Jersey, New York, Rhode Island and Washington, not to mention the District of Columbia — to offer paid family leave. Assuming the bill is signed into law, Connecticut employees will be eligible for 12 weeks of paid time over a 12-month period…

Employment Law Spotlight

Colorado Shores Up Employee Protections for Criminal History Inquiries, Wage Theft and Pay Equity During Busy 2019 Legislative Session

By Nathan A. Schacht on June 14, 2019

Colorado’s 2019 legislative session was busy, including producing a trio of new employment laws that tighten regulations on employers in the areas of pay equity, criminal history inquiries and wage theft. Employers face comprehensive changes and should review pay practices, application processes, advancement and promotion policies, and employee record-keeping to comply with these new laws.…

Employment Law Spotlight

Panic Buttons for New Jersey Hotel Housekeepers

By Amanda Van Hoose Garofalo on June 12, 2019

On June 11, Gov. Phil Murphy, D-N.J., signed into law legislation that will require hotels that have 100 or more guest rooms to provide their housekeepers and room service employees with panic buttons effective January 2020. Panic buttons have gained widespread attention as a result of the #MeToo movement – the idea being that a housekeeper is isolated from other employees and an easy target for sexual harassment and assault. Recently several pieces of legislation…

Employment Law Spotlight

Bank settles $5 million parental leave discrimination lawsuit

By Saima Sheikh on June 11, 2019

In a follow-up to our August 2018 blog post regarding a $1.1 million class settlement of the Equal Employment Opportunity Commission’s (EEOC) first parental leave lawsuit against a large cosmetics company, a large financial institution has just agreed to pay $5 million to settle a class action parental leave lawsuit brought by the American Civil Liberties Union (ACLU) and a plaintiff-side firm on behalf of an employee. The lawsuit alleges that the bank discriminated against…

Employment Law Spotlight

Colorado Takes a Strict Stance in New Equal Pay for Equal Work Act

By Nathan A. Schacht on June 5, 2019

Colorado tightened its protections for pay equity when the state’s Equal Pay for Equal Work Act (the “Act”) was signed into law on May 22. The Act, which will take effect on Jan. 1, 2021, provides protections more demanding than those of federal laws and results in changes that employers should immediately consider. Background The Act applies to all Colorado employers regardless of size and contains provisions regarding wage discrepancy, wage history, wage notice requirements…

Employment Law Spotlight

Connecticut to Raise Minimum Wage to $15 Per Hour

By Saima Sheikh on June 4, 2019

On May 28, Connecticut Governor Ned Lamont signed Public Act No. 19-4, entitled “An Act Increasing the Minimum Fair Wage,” that will raise the Connecticut minimum wage to $15.00 per hour in 2023, which is more than double the current federal minimum wage of $7.25 per hour. Under the new law, the current Connecticut minimum wage of $10.10 an hour will increase incrementally to $11.00 per hour on October 1, 2019, to $12.00 per…

Employment Law Spotlight

Washington State’s New Noncompetition Laws

By James Morrison on May 28, 2019

Washington state employers that rely on noncompetition agreements will face a dramatically different legal landscape beginning Jan. 1, 2020, when a new noncompetition law takes effect. ENGROSSED SUBSTITUTE HOUSE BILL 1450 Key Elements of the New Law Under the new law, noncompetition agreements will be void and unenforceable against an employee under the following conditions: The employer fails to disclose the terms of the agreement in writing to the prospective employee no later than the…

Employment Law Spotlight

NYC Releases Anti-Harassment Training Video

By Amanda Van Hoose Garofalo & Amy J. Traub on April 16, 2019

As discussed in our New York Quarterly Newsletters, employers in New York City who have 15 or more employees (inclusive of independent contractors) are required to provide anti-sexual harassment training on or before December 31, 2019 to all employees who work in New York City (this includes employees who only work part time in New York City, or who only interact with employees working in New York City). Employers have been awaiting a model…

Employment Law Spotlight

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New York State Expected to Vastly Overhaul Harassment/Discrimination Laws Again

High Times for Employees in Nevada: New Restrictions on Preemployment Drug-Screening of Applicants Who Test Positive for Marijuana

Connecticut Passes Generous Paid Family and Medical Leave Law

Colorado Shores Up Employee Protections for Criminal History Inquiries, Wage Theft and Pay Equity During Busy 2019 Legislative Session

Panic Buttons for New Jersey Hotel Housekeepers

Bank settles $5 million parental leave discrimination lawsuit

Colorado Takes a Strict Stance in New Equal Pay for Equal Work Act

Connecticut to Raise Minimum Wage to $15 Per Hour

Washington State’s New Noncompetition Laws

NYC Releases Anti-Harassment Training Video

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