On November 6, 2017, New York City Mayor Bill de Blasio signed the Earned Safe and Sick Time Act (ESSTA) which amends Chapter 8 of Title 20 to the New York City Administrative Code. On May 5, 2018, the new law will take effect that affords leave time to victims and to the family members of victims of family offenses, sexual offenses, stalking, and human trafficking. Continue reading “New York City Safe Time Act”
In the beginning of 2017, New York City adopted The Establishing Protections for Freelance Workers Act. The law provides that a company must:
- Provide a written contract to a freelance worker for services of $800 or more,
- All payments to a freelancer must be paid on a timely basis and in full; and
- Prohibits retaliatory action against a freelancer for exercising his or her right under the law.
Recently, the New York Post reported that Bloomberg, a financial media company, has agreed to pay $3.2 million in a settlement for overtime wages. The Manhattan federal class-action lawsuit was initiated by customer service employees who claimed they were not compensated for overtime.
A new NYC Council bill proposes barring employers from asking job candidates if they have a criminal record, or have ever been convicted of a crime, and is expected to become law in New York City very soon.
The ‘Ban the Box’ bill would will essentially prohibit the widely used “check boxes” on job applications that ask about past convictions. Furthermore, the new legislation would prohibit employers from inquiring about an applicant’s criminal record until a conditional job offer has been offered.
New York City has become the latest city to adopt a paid sick leave law that will guarantee paid time off for many NYC employees. The law is expected to affect up to 500,000 employees.
On March 20, 2014, Mayor Bill de Blasio signed into law The NYC Paid Sick Leave Act. The new rules and regulations went into effect on July 30th 2014.
So how does the new paid leave law affect employees?
Steven Mitchell Sack successfully reached a settlement on behalf of a dental hygienist who was allegedly sexually harassed by her boss. The woman was fired after she filed a sexual harassment complaint to the owner of the dental practice (and the alleged perpetrators) and told the owner that she would no longer tolerate her boss’ physical groping and sexual comments related to her body.
With Mr. Sack’s assistance, the woman filed a complaint against the dentist with the New York City Human Rights Commission. The settlement included money to compensate her for her emotional pain and suffering and loss of future wages.
Pennsylvania State Senator Daylin Leach proposed a bill in late March that would ban employment discrimination based on an applicant’s marital or familial status.
Profiling based on marital or parental status occurs when potential employers ask job applicants if they have children, plan to have children, or are married. Leach contends that all too often, a qualified applicant makes it to the final stages of the hiring process, only to be asked if they have children. If the answer is yes, the job suddenly goes to somebody else.
Although it may seem to be a primitive concept to many, that pregnant women deserve the same protections that other groups receive regarding employment laws, it is not the case. While there have been some small and local victories, a national victory has yet to be gained.
Despite the Pregnancy Discrimination Act of 1978’s bar on discrimination toward pregnant employees, many American women are forced out of their jobs or denied accommodations that would allow them to continue working once they become pregnant.
Effective January 30, 2014, a new statute in New York City requires employers with four or more employees to provide reasonable accommodations to a pregnant employee or an employee recovering from childbirth or a related medical condition if the employee requests an accommodation and the accommodation will allow the employee to perform the essential functions of her job.
Specifically, on October 2, 2013, New York City Mayor Michael Bloomberg signed into law the New York City Pregnant Workers Fairness Act, Local Law 78 of 2013 and in the last few months, as part of its obligations under the new law, the New York City Human Rights Commission has released a written notice that employers must provide to:
• All new hires at the start of the employment; and
• All current employees on or before January 30, 2014