Read the full article in the Suffolk Lawyer Law Journal here.
Tuesday, October 15, 2019
Summary of the Tenant Protection Act of 2019 for General Landlord/Tenant Practice
The Housing Stability and Tenant Protection Act of 2019 is a 74 page Act. Andrew Lieb, Esq. summarizes the list of major changes applicable to general landlord/tenant practitioners.
Read the full article in the Suffolk Lawyer Law Journal here.
Read the full article in the Suffolk Lawyer Law Journal here.
New York State Overhauls Discrimination/Harassment Laws Opening the Floodgates to Future Claims
On August 12. 2019, Governor Andrew Cuomo signed legislation implementing extensive reforms to the New York State Human Rights Law, which dramatically increases protections for victims of discrimination and harassment in the workplace and makes it exceedingly more difficult for employers to defend against such claims.
Mordy Yankovich, Esq. shares an analysis of the major changes to the NYSHRL in The Suffolk Lawyer Law Journal here.
Friday, October 11, 2019
Protections for Victims of Harassment are Effective Today.
The following provisions of the recently passed New York State law which provide additional protections for victims of harassment/discrimination based on any protected class (sex, race, religion, etc.) go into effect today:
1) As of today, the high "severe and pervasive" standard for establishing claims of harassment no longer applies. Rather, any conduct, including isolated incidents, that merely rises above "petty slights" or "trivial inconveniences" may be considered harassment.
2) Whether or not an employee filed an internal complaint prior to filing a lawsuit is no longer determinative of an employer's liability.
3) Non-employees (contractors, vendors, etc.) can now bring claims of harassment against companies based on any protected class.
4) Non-disclosure provisions in agreements settling harassment claims are prohibited unless it is the employee's preference.
5) Mandatory arbitration of harassment claims based on any protected class is now prohibited.
Employers should ensure that these new provisions are included in their annual harassment prevention training.
1) As of today, the high "severe and pervasive" standard for establishing claims of harassment no longer applies. Rather, any conduct, including isolated incidents, that merely rises above "petty slights" or "trivial inconveniences" may be considered harassment.
2) Whether or not an employee filed an internal complaint prior to filing a lawsuit is no longer determinative of an employer's liability.
3) Non-employees (contractors, vendors, etc.) can now bring claims of harassment against companies based on any protected class.
4) Non-disclosure provisions in agreements settling harassment claims are prohibited unless it is the employee's preference.
5) Mandatory arbitration of harassment claims based on any protected class is now prohibited.
Employers should ensure that these new provisions are included in their annual harassment prevention training.
Tuesday, October 08, 2019
Can Employers Discriminate Against Employees Based on Their Sexual Orientation or Status as Transgender? The Supreme Court to Weigh-In.
The Supreme Court of the United States is hearing oral arguments on three high profile cases today which will have a significant impact on LGBTQ rights in the workplace.
In the first two cases, Bostock v. Clayton County, Georgia and Altitude Express, Inc.v. Zarda, the justices will determine whether Federal law prohibits employment discrimination based on sexual orientation. (Federal law generally prohibits discrimination based on "sex"). In the third case, R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission, the justices will determine whether employment discrimination against transgender people violates Federal law.
The decisions on both of these issues - which will likely be released in early 2020 - will be of great interest to both employers and employees.
In the first two cases, Bostock v. Clayton County, Georgia and Altitude Express, Inc.v. Zarda, the justices will determine whether Federal law prohibits employment discrimination based on sexual orientation. (Federal law generally prohibits discrimination based on "sex"). In the third case, R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission, the justices will determine whether employment discrimination against transgender people violates Federal law.
The decisions on both of these issues - which will likely be released in early 2020 - will be of great interest to both employers and employees.
Monday, October 07, 2019
Time's Up For NY Companies - October 9th is the Deadline for Employers to Comply with Sexual Harassment Prevention Requirements
October 9th, 2019 is the deadline for Employers to issue updated Sexual Harassment Prevention Policies & annual trainings to all employees. Our company Lieb Compliance solves this burden with our on-demand solution.
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