How to Craft a Non-Discriminatory Paternity Leave Policy

Historically, many employers provided paid maternity leave to mothers, while providing little to no leave to fathers. While employers may provide leave that is tied to childbirth to birth mothers only, nowadays, employers must provide post-childbirth leave for bonding and childcare purposes to both male and females on an equal basis. Failure to do so … Read more

Notice and Policy Requirements for New York Employers without Employee Handbooks

For one reason or another, there are a number of employers that don’t have an employee handbook. Usually it is because they are too new a business with too few employees to justify having one, or they consider handbooks oppressive documents that employees never read anyway. It’s not the subject of this post, so I … Read more

The Who, What, When and How of Sexual Harassment Training in New York and NYC

Much has been written about the sexual harassment training now required for New York and NYC employers as a result of the #MeToo movement. The requirements, however, differ slightly for each jurisdiction.  Here is a cheat sheet to the Who, What, When and How of the requirements under both laws. Who? All employees must be … Read more

Federal WARN Act Allows Three Exceptions (But Notice Must Still Be Given)

The federal Worker Adjustment and Retraining Notification (WARN) Act offers protection to workers and their families by requiring employers to provide 60 days’ notice to the employees and certain specified government agencies and officials in advance of covered mass layoffs and plant/office closings. An employer who violates the WARN notice requirements is liable to each … Read more

NYC Places Additional Obligations on Employers to Accommodate Nursing Mothers

In a prior post, we discussed how to draft a lactation break policy to accommodate nursing mothers and comply with federal and New York state law. Come March 18, NYC will place two additional obligations on NYC employers. The new obligations build upon existing New York state law, which currently requires covered employers to provide … Read more

2019: A Quick Look at the Year Ahead for NYC Employers

As 2018 wraps up, it’s time to take a quick look at some of the changes New York City employers should expect in the year ahead. Minimum Wage Increases On December 31, 2018, New York’s minimum wage will increase as follows: NYC – Large Employers (of 11 or more) – $15.00/hour NYC – Small Employers … Read more

Inclement Weather Considerations for New York Employers

Snow will soon be here and employers will have to make decisions about whether to close, keep regular hours, allow some or all employees to work from home, or have a delayed opening. The considerations from a labor and employment law perspective, as always, are many. We discuss some of them below. Safety The most important factor … Read more

New York’s “Extra Pay” Requirements for Non-Exempt Employees

Have you heard of “spread of hours” pay, “split shift” pay, and “call-in” pay? Don’t be surprised if you haven’t. New York has three extra pay requirements that aren’t found in the New York Labor Law, but rather in industry-specific wage orders promulgated by the Commissioner of Labor. The result is that some of the … Read more

By October 9, New York State Employers Must Revise Their Sexual Harassment Policies

By October 9, every employer in New York State is required to adopt a sexual harassment prevention policy that meets or exceeds certain minimum standards. Specifically, the policy must: prohibit sexual harassment consistent with guidance issued by the New York State Department of Labor in consultation with the New York State Division of Human Rights; … Read more