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Showing posts with label Employee Handbooks. Show all posts
Showing posts with label Employee Handbooks. Show all posts

Friday, August 09, 2019

NYS Prohibits Discrimination Against Religious Attire and Facial Hair

Today, August, 9, 2019, Governor Cuomo signed A4204 into law.

As a result, on October 8, 2019 new amended Executive law 296(10)(a) will prohibit religious discrimination in employment that concerns "the wearing of any attire, clothing, or facial hair in accordance with the requirements of his or her religion."

Attention Employers - Update your dress code now to include this express right. 

The only exception to the new protection is if an employer can demonstrate an "undue hardship" on their business resulting from such religious attire.


Friday, May 31, 2019

Sexual Harassment Complaints up 62% since 2016

According to the NYS Division of Human Rights, in legislative testimony provided earlier this month, sexual harassment complaints made to the Division have increased 62% since 2016.

Plus, this gigantic increase in complaints occurred before every employee in the State received training as to their rights when either being a victim of sexual harassment or being retaliated against for attempting to stop harassment.

Remember - every employer must train their employees before October 9, 2019 per Labor Law 201-g.

Failure to train is a misdemeanor and will be the kiss of death when trying to defend the company against a complaint of sex discrimination.

Tuesday, April 30, 2019

NYC Outlaws Discrimination on the Basis of an Employee's "Sexual and Reproductive Health Decisions"

New York City has added yet another protected class to its human rights law. Effective May 20, 2019, NYC will prohibit employment discrimination based on an employee's "sexual and reproductive health decisions" which is defined as "any decision by an individual to receive services ... relating to sexual and reproductive health." Such services include but are not limited to:
  1. Fertility-related medical procedures
  2. Sexually transmitted disease prevention, testing and treatment
  3. Family planning and counseling, i.e. birth control drugs, emergency contraception, sterilization procedures, pregnancy testing and abortion.
The text of the new law can be found here. All NYC employers should review and revise their internal policies prior to May 20, 2019 to limit exposure under this new law.

Friday, September 07, 2018

Advising Employers to Take Preventative Measures to Avoid Costly and Disruptive Litigation

With New York State enacting new protections for employees at a feverish pace, it is more imperative than ever to advise employers of preventative measures they can take to avoid potential violations of the many federal, state and local employment laws. These laws include but are not limited to Title VII of the Civil Rights Act, the Fair Labor Standards Act, the Americans with Disabilities Act, the New York State Human Rights Law, the New York Labor Law, and the Suffolk County Human Rights Law. This article reviews several practices employers should implement to minimize potential exposure to costly and disruptive litigation.

Read the full article by Mordy Yankovich, Esq. in The Suffolk Lawyer here

Monday, August 06, 2018

Amendment To New York State Paid Family Leave Law Would Require Employers To Provide Paid Bereavement Leave

The New York State Senate and Assembly recently passed legislation to amend the New York Paid Family Leave Law, which went into effect in January 2018, to include paid time off for bereavement leave. The amendment, if signed by Governor Cuomo, would entitle qualified employees to use their Paid Family Leave to grieve the death of a family member.

The Paid Family Leave Law currently entitles qualified employees eight (8) weeks (increases to twelve (12) weeks by 2021) of paid leave for the following reasons:
  1. Provide care for a family member with a serious health condition;
  2. Bond with a child during the first twelve months after the child’s birth, adoption, or foster care placement;
  3. Due to exigent circumstances arising out of the employee’s spouse, domestic partner, child, or parent being on active duty in the armed forces of the United States.
Employers must ensure their insurance policies are updated to include coverage for Paid Family Leave which must include coverage for bereavement leave, if the Governor signs the legislation. In addition, employers should update their employee handbooks accordingly.