On October 31, 2017, a law banning New York City employers from “(1) asking job applicants about their compensation history and (2) relying on a job applicant’s compensation history when making a job offer or negotiating an employment contract, unless freely volunteered by the applicant” took effect. Furthermore, the law also prohibits a potential employer from searching public records in order to obtain a person’s past salary history. A potential employer may only inquire about an applicant’s salary and or benefits expectations, but not history. However, if an applicant freely volunteers his or her past salary, an employer is entitled to verify the information. Continue reading “Employers Are Not Allowed To Ask About Past Employment Compensation”
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New York City Human Rights Law
In 2016, New York City’s Commission on Human Rights experienced a sixty percent increase in complaints relating to discrimination and harassment.
The New York City Human Rights Law is a statute that provides an individual with protections in addition to federal and state regulations. It addresses discrimination in the workplace, housing complexes, public spaces, harassment by law enforcement, and retaliation. Furthermore, it covers employment discrimination against all New York City workers and even interns. Also, it establishes protected classes, which include:
Hicks v. Tuscaloosa
The Pregnancy Discrimination Act (PDA) was put in place to prevent discrimination against a woman for being pregnant. The PDA states that there can be no discrimination “on the basis of pregnancy, childbirth, or related medical conditions.” Related medical conditions are used as an overreaching term and therefore includes the issues that come with breastfeeding, as it is intrinsically intertwined with pregnancy. Stephanie Hicks, the plaintiff in Hicks v. Tuscaloosa case, was denied accommodations because of her pregnancy-related medical condition and ultimately resigned from her position.
Don’t Fire An Employee Because Of A Jealous Spouse
Recently, a New York State Court of Appeals restored a gender discrimination case against a wellness clinic. Both defendants were co-owners of the establishment and were husband and wife. The husband had hired the plaintiff in the case as a massage therapist and yoga instructor. The husband acted as the plaintiff’s supervisor and had a professional relationship during her tenure. However, he told Plaintiff that his wife was jealous because she was “too cute.”
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Sexual Harassment At The Plaza
The famous Plaza Hotel, located in New York City, has had a sexual harassment lawsuit filed against it by some of its female employees. The Plaza Hotel is an icon for its famous political figures and entertainers. While many are shocked by the allegations, sexual harassment in the hotel industry is fairly common. According to a recent report, 8 in 10 hotel workers have experienced being harassed on the job.
Changes To The Freelance Law In New York City
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.
Continue reading “Changes To The Freelance Law In New York City”
Microchip In The Workplace
Recently, a company in Wisconsin will be the first in the United States to put microchip implants in its employees. According to reports, over 50 employees at Three Square Market (32M) are expected to voluntarily have microchips implanted between their thumb and forefinger. The chips are radio-frequency identification chips (RFID) that will be used to perform common office tasks by waving their hand. According to Todd Westby, the implant is the size of a grain of rice.
Updates To The New York State Paid Family Leave Law
The New York State Paid Family Leave Law requires that every New York State employer provide employees with up to 12 weeks of paid leave for the following:
- the birth, adoption, or placement of a new child
- to care for a family member with a serious health condition, or
- for a qualifying exigency arising from a family member’s military service.
Continue reading “Updates To The New York State Paid Family Leave Law”
Predictive Scheduling For Fast Food Workers In New York
On May 30, 2017, New York City Mayor Bill de Blasio signed legislation to implement predictive scheduling for non-salaried fast food employees in New York City. This law requires that employers post a worker’s schedule 14 days in advance. If a schedule is changed with less than 14 days notice, an employer must pay a premium. This creates a private right of action for employees with his or her employer. The legislation will take effect in 180 days.
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Mayor de Blasio Passes Laws to Protect Fast Food and Retail Workers
Previously, Mayor Bill de Blasio announced that his administration plans to implement greater protections to New York City’s 65,000 hourly fast food employees. Recently, the mayor signed several bills into law that affect the fast food industry, including one that protects workers from last-minute schedule changes. Additionally, Mayor de Blasio signed a bill that prohibits on-call scheduling for retail employees.
Continue reading “Mayor de Blasio Passes Laws to Protect Fast Food and Retail Workers”
