A friend called recently wanting to know whether his employer could record phone calls on its business line without its employees’ knowledge. The scenario is this: the employer had a recording for incoming callers that announced that “calls may be recorded for quality assurance.” However, the employees were not aware that their calls were being recorded.
Under the American with Disabilities Act (ADA), and it's counterpart under the New York State Human Rights Law (HRL), employers are obligated to engage in an interactive process with employees who request a reasonable accommodation in order to perform their jobs because of a disability. Because the HRL applies to employers who have four or more employees, this interactive process requirement applies to most New York employers.
Please join us at the Society for Human Resource Management - Genesee Valley Chapter's 2014 Annual Legal Update being held Tuesday, February 11, 2014. Paul Keneally and Jennifer Shoemaker are among the presenters sharing the latest information about HR and legal issues affecting businesses today. Paul will be discussing current Labor & Employment Hot Topics, and Jennifer will be providing a Legislative Update.
Earlier this month, Governor Cuomo announced executive action to allow limited access to medical marijuana under the supervision of healthcare providers for New Yorkers with serious medical conditions. This measure is far more restrictive than similar laws in other states and falls well short of full legalization of medical marijuana. Furthermore, it is too soon to predict when the infrastructure will be in place to provide medical marijuana to eligible patients and when the substance will actually be available. Nevertheless, now is clearly the time for New York employers to consider ho
The United States Court of Appeals for the Second Circuit recently decided that Starbucks baristas must share their tips with shift supervisors who do much of the same work. A group of plaintiffs sued on behalf of a class of more than 5000 baristas, alleging that Starbucks’ policy requiring them to share their tips with shift supervisors violated New York State Labor Law. The Court found that under New York Labor Law, “employer-mandated tip splitting should be limited to employees who, like waiters and busboys, are ordinarily engaged in personal customer service, a rule that comports wit
An Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) recently ruled that a college’s employment policy prohibiting “gossip” in the workplace ran afoul of the protected speech provisions of the National Labor Relations Act, and therefore the termination of an employee under that policy was unlawful.
In a further step in the admirable nationwide movement against smoking, the New York State Legislature passed a law effective October 29, 2013 banning smoking on the entire grounds of hospitals and nursing homes. Many such facilities have already enacted their own smoking bans, but must be mindful of the specifics of the new law. For example, the ban also applies to within 15 feet of hospital and nursing home building entries/exits, and the entrances/exits of hospital and nursing home grounds.
Currently, only 12% of workers in the United States have access to paid family leave through their employers. In early December, two Democratic lawmakers, including New York’s Kirsten Gillibrand, introduced legislation to create a national paid family and medical insurance leave program.
The recent controversy over the alleged "bullying" and use of the "n" word by one Miami Dolphin NFL football player towards another brings to mind two issues relevant to New York employers.
Since 2009, the hourly minimum wage rate in New York has been the same as the federal rate at $7.25 per hour. Beginning on December 31, 2013, New York will join approximately 20 other states that have a minimum wage rate higher than the federal rate. The three-step incremental increase to the minimum wage in New York will be implemented as follows: