Legal Alerts (Year: 2019)
Your source for the latest changes in employment law
NYC Bans Pre-Employment Marijuana Testing
As of May 10, 2020 most employers in New York City will no longer be permitted to require job applicants, as a condition of employment, to submit to testing for marijuana or its active ingredient, tetrahydrocannabinols (THC). The trailblazing legislation - the first of its kind in the United States – was passed by the NYC City Council on April 9, 2019 and became law 30 days later when Mayor de Blasio failed to sign or veto the bill, despite having been widely anticipated to give his approval.
Important Update to NYC Sexual Harassment Training Requirements for ALL Employers
As NFC previously reported, last year New York City enacted the “Stop Sexual Harassment in NYC Act” (the “Act”), which requires employers, among other things, to provide annual training on the protections against gender-based harassment. Recently, the New York City Commission on Human Rights (the “NYCCHR”) further revised its updated answers to Frequently Asked Questions about the training obligations under the Act.
Court Ruling Revives Pay Data Reporting Requirement
A federal court in Washington, D.C. ordered the Equal Employment Opportunity Commission (EEOC) to reinstate a rule it issued in 2016 that requires mid-size and large employers to report pay data to the federal government. The rule, which was scheduled to go into effect March 31, 2018, was yanked by the Trump Administration. However, a federal court Judge has ruled that the Trump Administration’s failure to implement the Obama-era rule was an unlawful administrative action.
The Deadline is Approaching: Now is the Time to Schedule New York Workplace Harassment Trainings
As NFC previously reported, last year, New York State and New York City each enacted legislation regarding sexual harassment in the workplace. Among other things, both laws require that covered employers provide anti-harassment training to their employees, and each law imposes its own set of content requirements for these trainings.
ATTENTION NJ EMPLOYERS: New Legislation Curtails Use of Arbitration Agreements and NDAs
On March 18, 2019, New Jersey passed aggressive legislation severely curtailing the use of arbitration agreements and non-disclosure agreements in connection with discrimination, retaliation or harassment claims under the New Jersey Law Against Discrimination (“LAD”).
Important Documents and Links
“It’s Not Always Clear What Constitutes Sexual Harassment. Use This Tool to Navigate the Gray Areas to Navigate the Gray Areas.” By Kathleen Kelley Reardon
“Protected Activity”Continues to Broaden Under SOX
State Mandated Paid Family Leave is On the Rise
Employer Common Concerns Questionnaire
Preparing for the Separation Agreement ‘Fire Drill’