As reported recently by the Associated Press, a New York City Council member, perhaps influenced by a recent French law, has proposed legislation to allow some employees the right to ignore after-hours communications from employers. The proposal would apply to NYC employers with 10 or more employees, and would prohibit them from requiring employees to respond to or act on after-hours telephone calls, texts, emails etc. that are not emergencies, or discipline them for failing to do so. It would not bar employers from sending such emails, and employees could respond if they so choose.
Labor & Employment Blog
A new regulation clarifies how deductions can be made from employee paychecks to fund New York’s Paid Family Leave program.
Until this month, the general understanding was that a maximum of 0.126% of New York State Average Weekly Wage paycheck could be deducted from employees’ weekly wages. That meant any deductions were capped at $1.65 a week.
In another attempt to stem sexual harassment in the workplace, legislation proposed in both the House and the Senate at the end of last month would require publicly traded companies to report information related to harassment or discrimination settlements and complaints in their SEC filings. So far the measure lacks bipartisan support, but this latest proposed legislation is further evidence that workplace harassment and discrimination has lawmakers’ attention and will for a long time to come.
Discrimination on the basis of an employee’s sexual orientation has long been illegal under the New York Human Rights Law, but not under federal Title VII. However, that all changed in February 2018 when the federal Second Circuit Court of Appeals reversed its prior decisions and found that Title VII does bar sexual orientation.
Earlier this month, 56 attorneys general of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands implored Congress in a letter to prohibit mandatory arbitration clauses of workplace sexual harassment claims and allow victims to have their day in court. The letter also frowned upon the secrecy requirements of arbitration clauses, which “disserve the public interest by keeping both the harassment complaints and any settlements confidential.”
The state and federal discrimination laws prohibiting unequal treatment based on protected categories, such as age, race, sex etc., apply only to employees, and thus not to owners, members or partners of a business. However, in several cases across the country involving law firms, this precept has become much more complicated as courts have begun to consider what type of owner or partner a person is before deciding whether he/she should be covered by the broad definition of employee within the discrimination laws.
Recently, we’ve been warning employers that in order to have a legally compliant unpaid internship available, certain specific conditions had to be met. If those conditions were not met, employers ran the risk of facing liability for unpaid wages for someone they classified as an unpaid intern. The factors that have been in place until this month are as follows:
In another pro-business move from the Trump Administration, the United States Department of Labor announced last summer that it would resume issuing opinion letters offering interpretive guidance under the Fair Labor Standards Act, a practice that had been suspended during the Obama administration.
We are a week or so into the Paid Family Leave era in New York, and several questions have popped up frequently from clients, including:
On December 22, 2017, President Trump signed into law a tax bill with sweeping legislative tax reform. The 2017 Tax Bill doubles the federal estate and gift tax exemption for estates of decedents dying and gifts made after Dec. 31, 2017, and before Jan. 1, 2026. For 2018, the federal exemption amount per individual will be $11.2 million. Conversely, the 2018 New York exemption amount per individual will be only $5,250,000.