New York’s employment landscape is undergoing sweeping changes. Recent legislation introduces new compliance challenges across nearly every facet of workplace regulation—from pay transparency to leave entitlements, wage and hour rules, employment agreements, and more.
Employers will need to revise policies, contracts, and day-to-day practices to stay compliant and avoid costly missteps. The time to act
Implementation status and background to the directive
The European Whistleblowing Directive (WBD) was supposed to be implemented by the European Union’s 27 member states by no later than December 17, 2021, impacting employers with operations in those jurisdictions.
One year on from this deadline, despite the European Commission (EC) commencing infringement procedures against those countries
This year New York employers have had to scramble to keep up with many new employment laws, and next year promises more of the same. The latest: New York City Mayor Bill de Blasio’s December 6 mandate that private sector employers require COVID-19 vaccines for their workers in NYC. If it survives expected legal challenges and takes effect December 27 (Happy Holidays!), the rule will be the broadest mandate of any state or large city in the US. From minimum wage increases, to regulations on the use of artificial intelligence tools in employee recruitment, to notice requirements for electronic employee monitoring, to New York’s fulsome response to COVID-19 through the HERO Act—private sector employers in New York have a laundry list of changes to implement and prepare for.
Below we highlight the 10 major employment law changes and updates that businesses need to know.
By the end of the month, all in-person private sector New York City employees must have at least one dose of a COVID-19 vaccine, according to an announcement by Mayor de Blasio. The mandate, which will take the form of an order issued by the NYC Department of Health and Mental Hygiene, will apply to nearly 184,000 businesses and will not be limited to businesses in certain industries or based on company size. The mandate will most likely parallel the city worker mandate in that employers will, in certain instances, be permitted to make reasonable accommodations to mandatory vaccination policies for employees with legitimate religious or medical reasons, but will not permit any testing options in lieu of the vaccine. The mandate will not apply to fully remote employees or those who are alone at a worksite. The city has not yet announced whether employers will face inspections or fines if they fail to follow the mandate, but it intends to release implementation and enforcement guidelines by December 15, 2021.
The new mandate is the first of its kind on a local level while the federal vaccine rule for private employers with 100 or more employees remains on pause amid several legal challenges. The city mandate is also set to go into effect only days before the New York City mayoral transition, leaving future enforcement of the mandate uncertain.
Employer Takeaways
Continue Reading Top 10 New York Employment Law Updates For 2021/2022
It is customary to read of employees claiming retaliation against their employer. The U.S. Court of Appeals for the Seventh Circuit’s recent decision in Bator v. District Council 4, Graphic Communications Conference represents the almost unheard of — employees claiming retaliation at the hands of their union instead.
In Bator, union members simply wanted
Last week, the US Equal Employment Opportunity Commission (EEOC) released a comprehensive breakdown of the workplace discrimination charges received in 2019. The report shows that fiscal year 2019 continued the trend of declining numbers of pending charges. Interestingly, the number of charges filed in 2019 is the lowest intake in any fiscal year since at least 1997. While there may be any number of explanations for the decrease, one possibility is that employees are turning to expanding state anti-discrimination laws and more active state administrative agencies rather than the EEOC.
Continue Reading While EEOC Report Shows Overall Decrease In Charges, Retaliation Continues To Be Top Charge
Despite the hubbub, a new California law purportedly banning mandatory employment arbitration agreements does not completely change the game, and federal law still allows employers to use such agreements.
On October 10, 2019, Governor Newsom signed AB 51 (to be codified as Cal. Lab. Code § 432.6(c)). The new law on its face prohibits employers from requiring California employees to arbitrate certain employment disputes, even if the employees are given the option of opting out of arbitration. More ominously, AB 51 criminalizes retaliation against employees who refuse arbitration, among other remedies.Continue Reading Slow Your Roll: Federal Law Preempts California’s Latest Assault On Employment Arbitration Agreements
Continue Reading EEOC FY 2017 Statistics Recap: Retaliation Claims Charge Ahead
It’s a new year, and some of your employees may have resolved to lose weight, eat more healthfully, or even give up smoking in 2016. But employees aren’t the only ones interested in their own health and wellness. Corporate wellness programs can be an effective way for employers to encourage healthy behavior from their workforce while saving costs on health care premiums.
Continue Reading Corporate Wellness Programs: How Far Can Employers Go to Make Employees Healthy?
