Alerts

The BakerHostetler Quarterly New York Employment Law Newsletter

Alerts / July 19, 2018

Welcome to the first edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some of the key employment trends that affected New York employers in 2017, and our expectations for 2018. Please contact Amy J. Traub, whose information is listed at the end of the newsletter, if you have questions or would like additional information on these or other issues as they unfold in the coming months.

In this newsletter, we focus on the following significant developments from the past year:

  • Predictable Schedules a Right, Not a Privilege, in NYC Fast-Food and Retail Industries
  • The Second Circuit Finds Title VII Protects Against Sexual Orientation Discrimination
  • New York Institutes Paid Family Leave
  • Supreme Court Upholds Class Action Waivers in Arbitration Agreements as Valid and Enforceable
  • In New York, Employers Are Now Responsible for Harassment of Nonemployees
  • New York City Expands Paid Sick Leave Law With Creation of ‘Safe Time’
  • As of July 1, 2018, New Jersey Has One of the Most Employee-Friendly Equal Pay Laws in the Country
  • New York State Anti-Harassment Measures Passed in the 2019 Budget Bill Begin to Take Effect
  • Anti-Sexual Harassment Policies and Training
  • Prohibition on Mandatory Arbitration of Sexual Harassment Claims Begins July 11
  • Limitations on Nondisclosure Agreements Related to Sexual Harassment Claims, Which Began on July 11
  • New York City to Follow in New York State’s Footsteps
  • New Jersey Adopts a Statewide Paid Sick Leave Act
  • More Scheduling Accommodations Required by New NYC Law Taking Effect July 18
  • New York State Scheduling Regulations

We hope that you use our analysis and forecasts for the rest of 2018 to help you navigate what is likely to be a year of unprecedented change.

For updates throughout the year, please visit the Employment Law Spotlight blog and the blogs sponsored by other practice teams, including the Employment Class Action Report blog.

Authorship credit: Amy J. Traub – Editor, Shawn N. Butte, Tracy Cole, Fanny A. Ferdman, Paul Rosenberg, Saima Z. Sheikh, Amanda Van Hoose Garofalo.

Baker & Hostetler LLP publications are intended to inform our clients and other friends of the firm about current legal developments of general interest. They should not be construed as legal advice, and readers should not act upon the information contained in these publications without professional counsel. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you written information about our qualifications and experience.

Blog

In The Blogs

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Employment Class Action Blog
Employer's Profit-Sharing Plan Is Not Covered by ERISA, Pennsylvania Federal Court Finds
By Gilbert P. Brosky
July 2, 2019
One of the most fundamental, but often overlooked, defenses in ERISA litigation is that the plaintiff did not allege a violation of an actual ERISA plan. An at-issue document/provision cannot be an ERISA pension plan unless it provides...
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Employment Class Action Blog
NY Law Doesn't Prevent Arbitration of Sexual Harassment Claims
By John B. Lewis
July 1, 2019
Recent New York legislation in reaction to the #MeToo movement has sought to limit or foreclose arbitration of employment-related disputes. See N.Y. C.P.L.R. § 7515 (“§ 7515”) and its June 19, 2019, amendment, bill S6577/A842. The bill...
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Employment Law Spotlight
Texas Legislature and Courts Clash With Cities Over Mandatory Sick Leave: What Employers Need to Know
June 24, 2019
Dallas has become the third city in Texas, following Austin and San Antonio, to pass a city ordinance requiring private-sector employers to offer paid sick leave to their employees. The ordinances have yet to be implemented in any of these...
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Employment Law Spotlight
New York State Expected to Vastly Overhaul Harassment/Discrimination Laws Again
By Amanda Van Hoose Garofalo
June 21, 2019
Late on June 19, New York lawmakers passed a bill that makes wide-sweeping changes to New York State discrimination and harassment law. Gov. Andrew Cuomo has indicated that he will sign the bill, but he has not done so at this point. The...
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Employment Law Spotlight
High Times for Employees in Nevada: New Restrictions on Preemployment Drug-Screening of Applicants Who Test Positive for Marijuana
June 18, 2019
Beginning in 2020, Nevada employers can no longer refuse to hire a job applicant for failing a preemployment marijuana screening test. The law, known as “AB132,” became effective on June 5 and is the first of its kind among the states...
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