LIEB BLOG

Legal Media Analysts

Showing posts with label Employment Law. Show all posts
Showing posts with label Employment Law. Show all posts

Wednesday, November 02, 2022

NYC Pay Transparency Law is Now in Effect

The New York City Pay Transparency Law is, as of November 1, 2022, in effect. As previously reported in our Blog on March 29, 2022 and May 6, 2022, the law requires all employers, with 4 or more employees, to include a "good faith" salary range in all advertisements for a job, promotion or transfer opportunity that is to be performed - in whole or in part - in NYC.


The following are additional requirements/clarifications of the Law:


  • The Law covers full-time/part-time positions, interns, domestic workers and independent contractors.
  • "Advertisements" include all written descriptions of an available job, promotion or transfer opportunity publicized to a pool of potential applicants including internal postings.
  • The salary range must include both a minimum and a maximum salary (if employer has no flexibility, the minimum and maximum can be identical). 
  • The stated amounts should be the annual salary or hourly rate. Other forms of compensation (e.g. bonuses, tips, commissions, insurance, over time pay, etc.) do not need to be included.
  • The New York City Commission on Human Rights ("Commission") will investigate compliance with the new law (on its own and/or in response to complaints). 
  • Potential applicants can file claims with the Commission or can file a lawsuit in court.
  • The Commission will not assess a penalty for the first violation of the Law if cured within 30 days. However, the Commission may assess penalties of up to $250,000 for the first uncured violation and all subsequent violations. 

Employers need to immediately comply with these requirements. For additional information, please see NYC's fact sheet on the new law.



Tuesday, October 04, 2022

Newsy: Employment Discrimination & Quiet Quitting. Analysis with Attorney Andrew Lieb

 Attorney Andrew Lieb discusses employment discrimination in the quiet workplace environment including quiet quitting and quiet firing on Newsy.




Tuesday, June 21, 2022

Newsy Interview: WWE CEO Vince McMahon Steps Down Amid Investigation. Analysis with Attorney Andrew Lieb


WWE CEO Vince McMahon Steps Down Amid Investigation. Newsy interview and analysis with Employment Attorney Andrew Lieb

Thursday, January 20, 2022

NYS DOL Publishes Emergency Regulations to Implement NY HERO Act Rules

The NYS DOL published new regulations, retroactively effective to January 1, 2022, as an emergency rule to implement the New York Health and Essential Rights Act (NY HERO Act).


The regulations requires private sector employers to create an Exposure Prevention Plan to eliminate or minimize employee exposure to airborne infectious disease agents, which includes the COVID-19 virus and its variants.


The measure sets forth requirements that employers select and obtain exposure controls appropriate for the exposure risks. These controls must be included in the employer’s Exposure Prevention Plan. As to the plan, the NYS Department of Health has developed a new Model Airborne Infectious Disease Exposure Prevention Plan (Template) and various industry specific model plans (Templates) for prevention of airborne infectious disease.


Employers must enact compliant plans immediately. 




Monday, January 10, 2022

New Rules Protecting Federal Employees from Employment Discrimination Published

Since 2021, federal employees have been protected from workplace discrimination by the Elijah E. Cummings Federal Employee Anti-Discrimination Act of 2020, which added protections, notice, and reporting to the No FEAR Act.


To implement the Cummings Act, the Office of Personnel Management (OPM) published proposed rules on January 6, 2022, which are currently in the public comment period. 


These rules include:  

  • Whistleblower and retaliation protections;
  • Notice of findings of intentional acts of discrimination to be made on a publically accessible internet page;
  • Agencies to submit annual reports to the Director of OPM;
  • Agencies to submit disciplinary action reports to Equal Employment Opportunity Commission (EEOC);
  • Agency employees found to have intentionally committed discriminatory acts, including retaliation, will have notations of the discriminatory acts added to the employee's personnel record;
  • New public disclosure obligations; and
  • Federal agencies to add new trainings for all employees about their rights and remedies under law.


The comment period ends on 2/07/2022 and then, these rules will be finalized to become effective.