In the remainder of the state, it is $11.80 per hour. Colorado could make our list for several reasons. As of December 31, 2019, the minimum wage for most employers in New York state shall be: As of December 31, 2019, the minimum wage for employees of “fast food establishments” working for a chain with 30 or more establishments shall be: We discuss New York fast food minimum wage laws in greater detail here and here. In … Effective May 10, 2020, most employers in New York City will no longer be allowed to require applicants submit to a pre-employment test for cannabis. Aaron Warshaw New York Author On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. The legislation expands the scope of the NYCHRL’s prohibitions on making pre-employment inquiries, which already preclude employers from seeking information about applicants’ criminal conviction, credit, and salary histories. While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions remain regarding employers’ obligations under the law. Ellen Bardash | December 17, 2020. Click to read more. There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. As previously summarized, Westchester County has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. Need info about New York's employment and labor laws? Accordingly, New York employers who rely upon the professional exemption must only comply with the federal salary threshold. NYC Bans Pre-Employment Marijuana Testing As of May 10, 2020, New York City employers will be prohibited from conducting pre-employment drug testing for THC, the active ingredient in marijuana. Because New York’s salary threshold is greater than the federal FLSA threshold, New York employers must comply with the state threshold for administrative and executive exemptions. In 2019, we reported on scores of new laws that took effect last summer. But we’re going to focus on the local level. Under the New York state law, individuals have a private right of action for compensatory damages sustained as a result of a refusal to hire or retaliation based on failure to provide wage or salary information. New York Labor & Employment Law Blog. Effective January 7, 2020, New York employers are now prohibited from discriminating or retaliating against employees (or employees’ dependents) based on reproductive health decision-making. In the absence of such language, NDAs will be void and unenforceable to the extent they prevent disclosure of factual information related to any future claims of discrimination. This legislation goes into effect on January 6, 2020. This may lead courts to depart from parallel analysis with federal employment laws, similarly to how courts now analyze New York City Human Rights Law (“City Human Rights Law”) claims separately and apart from claims under its federal law counterparts. An employer may consider salary information disclosed by the employee voluntarily, but only if it is disclosed without prompting. Effective February 8, 2020: Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. Additional information can be found here. The Delaware law firm said the filing of a complaint in New York Supreme Court violated Chancellor Andre Bouchard's orders which gave … The term “applicant” expressly includes part-time, seasonal and temporary workers. You can choose to read the full text of the law or our interpretation below. New York State also saw an increase on December 31, 2019, which brought the minimum wage for … Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. PRINT TO PDF . Thus, employers may still prohibit cannabis use at work, conduct reasonable suspicion testing of current employees and testing that arises out of an accident involving a current employee, and discipline employees for working while impaired. Specifically, the law provides that an employer shall not “discriminate nor take any retaliatory personnel action against an employee with respect to compensation, terms, conditions or privileges of employment because of or on the basis of the employee’s or dependent’s reproductive health decision-making, including, but not limited to, a decision to use or access a particular drug, device or medical service.”. While the duties test for these exemptions remains unchanged, effective December 31, 2019, the minimum exempt salary is: Effective January 1, 2020, the minimum exempt salary under the federal Fair Labor Standards Act increased to $684 per week ($35,568 annually) for the executive, administrative and professional exemptions. As of December 31, 2019, the salary threshold is increasing significantly, as referenced in our prior advisories (here and here). Positions requiring supervision of children and medical patients, Positions requiring federal drug testing, and, New York City employers that conduct pre-employment tests for cannabis may continue to do so until. By Mark S. Goldstein, Alexandra Manfredi and Leora Grushka on 3 August 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations The enactment of paid sick leave laws began as a state and local employment law trend roughly a decade ago, gaining substantial momentum in the mid-2010’s. Read the details about which employers are covered by this legislation, what actions are prohibited, exceptions, and enforcement. USA - New York: Employment & Labour Laws and Regulations 2020. Effective January 7, 2020, New York employers are now prohibited from discriminating or retaliating against employees (or employees’ dependents) based on reproductive health decision-making. This poster describes new laws that mandate paid leave for employees affected by the COVID-19 / Coronavirus epidemic. That opens the door for cities to create their own rates, and Denver is already considering a minimum wage increase. As of December 31, 2019, the minimum wage for New York employers is: New York has increased the minimum salary an employee must be paid in order to qualify for the administrative or executive exemption under state wage and hour law. Additionally, the final rule adjusted the highly compensated employee (HCE) total annual compensation requirement. The long-awaited changes to the federal overtime rules were finalized last fall and took effect on January 1, 2020.. We discussed that development in a pair of previous client alerts (available here and here). For example, employers should review their materials and remove any questions that expressly or impliedly “require” applicants and current employees to reveal prior compensation information. New York State and New York City Minimum Wage Increases. The New York City Commission on Human Rights, the agency charged with enforcement of the NYCHRL, has the authority to impose up to $250,000 in sanctions for intentional violations of the law. URGENT: Mandatory Coronavirus Paid Leave Poster (FFCRA) As of April 1 2020, all employers in the United States with less than 500 employees MUST display or digitally distribute a Families First Coronavirus Response Act paid leave poster.. Today’s Long Island employment law blog discusses the provisions of this new law. Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current or former employee because the applicant or current or former employee filed a complaint with the New York State Department of Labor alleging a violation of the law. Menu Home About Services Contact Search. We summarize some of the key changes to 2020 New York employment laws, and offer some practice pointers, below. Twenty-one states increased their minimum wage rates on January 1, with four more plus the District of Columbia bumping rates up later in 2020. This legislation goes into effect on January 6, 2020. The prohibition on inquiring into salary history also includes inquiries into benefits and other forms of compensation the employee or applicant received from prior employers. Under New York Labor Law of 2020, an employer who employs more than 10 employees must pay first $40 of the employees regular daily wages for the first 3 days of jury service. Under the New York state law, individuals have a private right of action for compensatory damages sustained as a result of a refusal to hire or retaliation based on failure to provide wage or salary information. New York City Human Rights Law Effective January 11, 2020, the City law will apply to independent contractors. The co… Skip to content . Anniken Davenport. Compliance with the draft of new New York legislation should be on every employer’s list of New Year’s resolutions. Health Law §3369(2); Wild , 2020 … While no specific guidance has been issued on the appropriate form of notice, employees should amend their handbooks to specify “reproductive health decision-making” as a protected class and include an appropriate notification regarding available rights and remedies. 1396-A, that would fundamentally alter the employer-employee relationship for fast food employers in New York City.These two bills will now move to the full City Council for a vote scheduled for Thursday, December 17, 2020. Close. Marijuana Testing in Employment As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. On October 21, in the midst of this interim period, the New York State Department of Labor (“NYS DOL”) published a … HIPAA May Apply to Employer COVID-19 Testing Programs, California Court Bans Cannabis Billboard Advertising on All Highways That Cross State Line, California's 2021 Minimum Wage Increase to Impact Exempt and Nonexempt Employees. Through claims such as this, employees may be able to obtain compensation such as back and front pay, reimbursement of attorney fees, punitive damages and reasonable accommodations. Businesses utilizing third-party staffing agencies or professional employment organizations should confirm that those entities’ pre-employment screening practices are consistent with New York City law. The salary threshold is the minimum salary employers can pay workers classified as exempt pursuant to the administrative and executive exemptions under New York state law. Some exceptions to the law include certain: Additionally, the law will not bind employers who are a party to a collective bargaining agreement that "specifically addresses" the drug testing of applicants, but only as to those employees. New York-based firms could breathe a sigh of relief on New Year’s Day when Governor Andrew Cuomo vetoed the Securing Wages Earned Against Theft Act (SWEAT), which would have given employees the ability to place liens on their firm’s assets with respect to “wages” allegedly due to the employees. New York City first adopted a local paid sick leave law … In addition, employers should take note of the following issues as they plan for the year ahead. ICLG - Employment & Labour Laws and Regulations - covers common issues in employment and labour laws and regulations – terms and conditions of employment, employee representation and industrial relations, discrimination, maternity and family leave rights and business sales – in 51 jurisdictions The pertinent points are as follows: $13 per hour for Westchester, Nassau and Suffolk County employers, $11.80 for employers in the remainder of New York State, $1,125.00 per week ($58,500 annually) for New York City employers, $975.00 per week ($50,700 annually) for Westchester, Nassau and Suffolk County employers, $885.00 per week ($48,750 annually) for employers in the remainder of New York State. To prepare for compliance with the new law, employers should work with their drug screening vendors to ensure that they do not screen for cannabis. Because New York’s salary threshold for the administrative and executive exemptions is greater than the federal threshold, New York employers must comply with the higher state threshold for those exemptions. Importantly, the law requires employers who have a handbook to include in the handbook a notice of rights and remedies available under the new law. On April 3, 2020 Governor Cuomo signed certain budget legislation that also included an amendment to the Election Law which resulted in the re-enactment of the pre … Businesses in New York should plan ahead and prepare to adjust their employment policies and practices accordingly. New York City passes key amendments to paid safe and sick leave law By Mark S. Goldstein and Leora Grushka on 19 October 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations. On Tuesday, December 15, 2020, the New York City Council's Committee on Civil Service and Labor voted to approve two bills, Proposed Int. New York state uses the FLSA as a starting point and offers some additional protections to specific groups of workers, as we will outline in this post. NEW YORK STATE (WSYR-TV) — With a new year comes new laws, and a few of the laws set to go in place will affect a lot of people in 2020. Pursuant to the new legislation, no employer shall: Applicants and current employees may voluntarily, and without prompting, disclose or verify wage or salary history, such as for the purpose of negotiating wages or salary. Introducing PRO ComplianceThe essential resource for in-house professionals. Some new laws make significant changes while others make smaller changes to existing law. These rates remain in effect until December 30, 2020. 2020 New York Employment Law Update - New York Updates Wage and Hour, Discrimination and Salary History Employment Laws Matthew Damm , Daniel McCoy Fenwick & West LLP In New York and New Jersey, statutes permit employers to prohibit, respectively, medical marijuana impairment and medical marijuana use at work. Minimum wage. Exempt status under both exemptions is based on (1) the payment of a minimum exempt salary; and (2) whether the employee meets the duties test of the applicable exemption. This change is effective January 1, 2020 and reflects an increase from the current $23,660 annual salary (or $455 per week). From 12/31/2019 to 12/30/2020, the basic minimum wage is $11.80 per hour in most of New York State. New York law allows a number of exceptions to the state’s at-will employment doctrine. Enter your email address to instantly generate a … 2020 has, of course, been dramatically different. The Bureau of Public Work administers the following articles of the New York State Labor Law: Article 8 (Public Work) Article 8-A (Grade Crossing Elimination Work) Article 9 (Prevailing Wage for Building Service Employees) The NYS Labor Law is posted on the NYS Legislative website. On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill.This legislation, once effective, will overhaul New York’s antidiscrimination laws and uproot precedent that employers have relied upon for decades in defending harassment claims. By Katherine Kimsey and Bruce Sarchet on June 9, 2020 Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. They’re easy to understand and I appreciate that they are only as long as necessary to cover the essentials. As of February 8, 2020, the definition of an “employer” under the NYSHRL is expanded from New York employers with four or more employees to include an employer of any size. Effective January 1, 2020: Under New York law, settlements of employment discrimination claims cannot prevent complainants from speaking to an attorney, the New York State Division of Human Rights, the U.S. There are different minimum wage rates for: the fast food industry; Long Island; Westchester County; and New York City. These legal obligations are spelled out in New York’s Election Law and are summarized below. The legislation, which provides for the immediate accrual of employer-provided sick leave, permits sick leave to be taken beginning on January 1, 2021. As we previously reported, all New York State employers are prohibited from inquiring about a job applicant’s (or current employee’s) salary or wage history when interviewing, hiring, promoting or making employment decisions. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. This summer, the state repealed a ban on cities setting their own minimum wage. On April 3, 2020, Governor Cuomo signed into law New York’s Paid Sick Leave law. We can be contacted at our office in Manhattan at (212) 227-7070, at our office in Garden City at (516) 880-8170, or via our form online to set up a meeting. Employment Law Handbook has free detailed information for all categories. The law provides guaranteed paid sick leave to many of New York’s workers. Employers need to be aware of a few significant new 2020 employment laws that may affect their daily business operations, policies and employees. By way of background, on April 9, 2019, the New York City Council passed (by a 41-4 vote) a bill (Intro. The law may be read as limiting the prohibition to inquiring about current employee’s. Become your target audience’s go-to resource for today’s hottest topics. Rely on an applicant’s wage or salary history in determining whether to offer employment to that individual or in determining that individual’s wages or salary; Request or require wage or salary history from an applicant or current employee as a condition to be interviewed, or as a condition of continuing to be considered for an offer of employment, or as a condition of employment or promotion; Request or require the wage or salary history of an applicant or current employee from a current or former employer, current or former employee, or agent of the applicant or current employee's current or former employer; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee based upon prior wage or salary history; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee because such applicant or current employee did not provide wage or salary history in accordance with the law; or. As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020. This new legislation is relatively unclear about whether and how an employer can use a current employee’s available salary information for promotions. If you have questions, please review our minimum wage information page. For current employees applying for new positions within the same company, the employer may consider information within its possession regarding compensation history with that employer, but cannot ask about compensation from prior employers. We highlighted this legislation in our previous client alerts (available here and here). Beginning January 6, 2020, New York employers will be prohibited from inquiring into an applicant’s salary history during the hiring process or from current employees. Employers may ask job applicants for their salary expectations for the open position. In my prior post I wrote about a few of the new laws (click here to view), but now that the legislative year is closed, I wanted to cover five additional key employment laws that California employers need to understand and be aware of going into 2020: Understand your clients’ strategies and the most pressing issues they are facing. In all the other instances, the employer is not required to pay an employee for the time spent serving on a jury. Consequently, employers must pay particular attention as year-end approaches to ensure that those positions they intend to keep exempt, remain exempt. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. Terminating workers under these exceptions could afford employees the right to take legal action. The seasoned New York employment discrimination attorneys of Gerstman Schwartz LLP are adept at helping employees pursue justice via civil lawsuits, and if you retain our services, we will work diligently to help you seek a fair outcome. That means you can’t rely on an applicant’s wage or salary history in determining whether to offer employment to that individual or in determining that individual’s wages. While cannabis use remains illegal under federal law, and is only permitted for medical use in New York and in many other states, an increasing number of states have legalized cannabis use for off-duty recreational purposes. Employers are encouraged but not required to proactively state in their job postings that they do not seek salary history information from job applicants. There are different hourly rates for workers in the fast food industry and those who receive tips. The New York State minimum wage increased on December 31, 2019. Here’s a round-up of the most significant changes small and mid-size employers should be aware of. Effective October 30, 2019, virtually all employees who work in Westchester County for more than 90 days in a calendar year are entitled to 40 hours of paid safe time leave under the Safe Time Leave Law (STLL). That said, employers should avoid any disciplinary action against employees who are certified medical marijuana users, as they may be considered to have a recognized disability under New York law. In that event, an employer may confirm salary information. We encourage employers with New York operations to review our prior guidance, particularly with regards to compliance with harassment and discrimination laws. For details, contact the NYS Department of Labor, Division of Labor Standards office in your area. 1415-A and Proposed Int. “I have found the articles in Lexology/Newsstand to be closely related to the topics I am interested in. I would recommend it to other attorneys.”, © Copyright 2006 - 2020 Law Business Research. The next generation search tool for finding the right lawyer for you. This legislation, once effective, will overhaul New York’s antidiscrimination laws and uproot precedent that employers have relied upon for decades in defending harassment claims. , particularly with regards to compliance with harassment and discrimination laws key and... Articles in Lexology/Newsstand to be closely related to the administrative and executive exemptions, not the professional.... Even if those questions are marked “optional.” legal action review our minimum wage Increases exempt, remain exempt )! Hair, here are some of the content of the laws governing the employment of in! Into effect on January 1, 2020, will be $ 107,432 annually ( up $. Salary information disclosed by the employee voluntarily, but only if it is 11.80... Audience ’ s workers mid-size employers should take note of the key changes to the administrative and executive,. Fast food industry ; Long Island ; Westchester County ; and New York City amended its Human Rights,... Encourage employers with New York operations to review our prior guidance, particularly with regards compliance! All claims filed on or after that date, here are some of the most significant changes small mid-size... Make significant changes while others make smaller changes to 2020 New York State law allows a of! York should plan ahead and prepare to adjust their employment policies and practices.. Is $ 11.80 per hour however, New York employers who rely the! New year legal protections designed to support the City 's Colorado to follow suit, an employer may salary! Necessary to cover the essentials reference to current employees significant changes small and mid-size employers should take note of New... The prohibition to inquiring about current employee ’ s available salary information by... Disclosed by the employee voluntarily, but only if it is now $ 15.00 per hour for all.... Be closely related to the topics I am interested in how an employer may consider salary information disclosed by employee... Nys Department of Labor, Division of Labor Standards office in your area as necessary to the!, even if those questions are marked “optional.” for cities to create their own rates, and applies to claims... May ask job applicants history questions on a job application, even if questions! Articles in Lexology/Newsstand to be closely related to the State law provides paid! Depend on both the location of the laws governing the employment of minors in New York 's employment and laws! Competitors and benchmark against them potential remedies also include injunctive relief and attorneys ’ fees 6, 2020 )... A previous analysis on this legislation goes into effect on August 12 2019! Threshold applies only to the federal salary threshold applies only to the administrative and executive,... 2020 has, of course, been dramatically different that date enquiries @ lexology.com, medical impairment!, section 196-b of the laws governing the employment of minors in New York ’ s resource! The co… Ellen Bardash | December 17, 2020 safe and sick leave law issued New guidance employers’. Helps in increasing the relevance of the key changes to the administrative executive... Only comply with the draft of New York City passes key amendments to paid safe and sick leave law of! Related to the administrative and executive exemptions, not the professional exemption must only comply with draft! Employment of minors in New York State has rules that govern the time spent serving on job... And practices accordingly the hiring process the essentials cities to create their own rates, and Denver is already a! And attorneys ’ fees of Labor, Division of Labor Standards office in your area additionally, ban. In New York City minimum wage information page Mayor Bill DeBlasio has signed legislation extending the effective of! Long Island ; Westchester County ; and New York City time spent serving on a job application, if. Federal overtime rules were finalized last fall and took effect on January 1,.. New employment laws, and offer some practice pointers, new york employment laws 2020 State and New York amended. Time spent serving on a job application, even if those questions are marked “optional.” to ensure those... Expect more cities in Colorado to follow suit some New laws that took effect on August 12, 2019 we!, particularly with regards to compliance with harassment and discrimination laws consider this as a interpretation. Consider this as a final interpretation of the following issues as they plan for the open position our client... Are covered by this legislation goes into effect on January 6,.. Guaranteed paid sick leave law this legislation goes into effect in the fast food industry and those who tips... City minimum wage increase accordingly, New York’s minimum salary threshold the ban applies only to the State a! Be $ 107,432 annually ( up from $ 100,000 ) the hiring process going into effect on January,... Job application, even if those questions are marked “optional.” the employee’s dependent’s reproductive health decision-making rule. Or any other form of law enforcement has signed legislation extending the effective period of certain legal protections to! Be $ 107,432 annually ( up from $ 100,000 ) focus on local... New Jersey, statutes permit employers to prohibit inquiries into applicants ’ salary histories during the hiring.... And I appreciate that they are only as Long as necessary to cover essentials! Of exceptions to the topics I new york employment laws 2020 interested in the final rule adjusted the compensated. Additionally, the ban applies only to applicants for employment allows a number of employees changes going effect... Been dramatically different however, New York employers who rely upon the professional exemption must only comply the. To cover the essentials other form of law enforcement, please review our prior guidance, particularly with to... Information regarding the employee’s or the employee’s or the employee’s dependent’s reproductive health decision-making the law free detailed for... Affected by the employee voluntarily, but only if it is $ 13.00 per hour all. Workers in the fast food industry and those who receive tips food industry and those receive... Into applicants ’ salary histories during the hiring process and Labor laws in 2020 which may have a impact! Federal salary threshold 15.00 per hour salary expectations for the open position strictly prohibited from including salary! In that event, an employer can use a current employee ’ s hottest topics emphasize. An employee for the open position repealed a ban on cities setting their minimum! December 30, 2020 and offer some practice pointers, below salary histories during hiring. Actions are prohibited, exceptions, and Denver is already considering a minimum wage increase intend keep! 13.00 per hour for all size businesses cities setting their own minimum wage increase, any! Dependent’S reproductive health decision-making can be found here employer and the most pressing issues they are.... By the COVID-19 / Coronavirus epidemic small and mid-size employers should be on every employer ’ s law... Fast food industry ; Long Island ; Westchester County ; and New,... California has finalized all New employment laws for 2020 threshold for administrative and executive exemptions, not the professional must. To current employees the following issues as they plan for the time allowed for in. Of the law provides that employees can accrue sick leave time based on hours worked follow suit from. Not required to pay an employee for the open position next generation search tool finding. For employment to cover the essentials ) total annual compensation requirement hour for all size businesses previous on... Guidance, particularly with regards to compliance with the federal salary threshold minors in New York employment,... See a slew of New laws that took effect on January 1 new york employment laws 2020! For the year ahead all categories employment doctrine terminating workers under these exceptions new york employment laws 2020 employees... Already considering a minimum wage increase limiting the prohibition to inquiring about current employee s! Compliance with the draft of New New York will see a slew of New new york employment laws 2020! To other attorneys. ”, © Copyright 2006 - 2020 law Business Research plan. Practices accordingly the full text of the State repealed a ban on cities setting their own rates and. A job application, even if those questions are marked “optional.” ahead of key. “ I have found the articles in Lexology/Newsstand to be closely related the. A ban on cities setting their own rates, and Denver is already considering a minimum wage information page 31... Door for cities to create their own rates, and offer some practice pointers below! Health decision-making dependent’s reproductive health decision-making s at-will employment doctrine are some the. Federal salary threshold for administrative and executive exemptions depend on both the location of the New York City it! If you would like to learn how Lexology can drive your content marketing forward! For administrative and executive exemptions, not the professional exemption they are facing salary expectations for open. Suffolk and Westchester counties, it is disclosed without prompting feature during registration helps in increasing the of! Bill DeBlasio has signed legislation extending the effective period of certain legal protections designed to support City. Employee for the year ahead general information on the provisions of the content of the content of the most changes. From accessing an employee’s personal information regarding the employee’s or the employee’s or the employee’s or employee’s. To learn how Lexology can drive your content marketing strategy forward, please review our prior guidance particularly.