Legislation

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New York’s general “whistleblower” statute – New York Labor Law 740 – is, in its current form – extremely narrow. However, recent amendments to the statute have passed the Assembly and Senate to broaden its terms. The proposed amendments include (THESE WORDS added; [bracketed words] deleted): 2. Prohibitions. An employer shall not take any retaliatory…

Read More Proposed Amendments to New York’s Whistleblower Law Pass Senate and Assembly
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A recent New York law, titled the No Wage Theft Loophole Act (A1893/S858), recently passed the Senate and Assembly (and, as of this writing, June 2, 2021, is awaiting signature by the Governor). Its stated purpose is “[t]o clarify that Article 6 of New York’s Labor Law completely and without exception prohibits lack of distribution of…

Read More “No Wage Theft Loophole Act” Amends New York Labor Law
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Recent legislation, enacted by the New York City Council, provides what appear to be substantial protections to fast food workers by, e.g., requiring that termination of their employment be for “just cause.” The legislation amends Chapter 12 of Title 20 of the Administrative Code of the City of New York by adding a new subchapter…

Read More NYC Council Enacts Legislation to Provide “Just Cause” Termination Protection to Fast Food Employees
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On March 20, 2020, Governor Cuomo issued Executive Order No. 202.8, titled “Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.” This Order affects various New York laws, including the Civil Practice Law and Rules, the Vehicle and Traffic Law, and the Business Corporation Law. It imposes the following changes to various…

Read More NYS Executive Order 202.8 Extends Statutes of Limitation Etc.
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The New York State Legislature and Governor Cuomo have reached an agreement on legislation that would provide emergency paid sick time in response to the coronavirus / COVID-19 (available immediately) and permanent statewide paid sick time rights (beginning January 2021). The details of the legislation are summarized in a fact sheet issued by A Better…

Read More NY Paid Sick Leave Agreement Reached in Light of Coronavirus / COVID-19
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The New York City Human Rights Law was recently amended, yet again, to enhance the protections available to NYC workers. Effective January 11, 2020, the statute – one of the (if not the) broadest civil rights laws in the country – protects freelancers and independent contractors in addition to, e.g., “employees” and interns. The new…

Read More NYC Human Rights Law Expanded to Protect Freelancers and Independent Contractors
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Happy New Year! Recently, the New York State Human Rights Law (NYSHRL) – New York State’s primary anti-discrimination law – has been modified to strengthen employee protections. These changes, some occurring in 2019 and some occurring in 2020, are summarized at the New York State Division of Human Rights’ website, here. These changes include: Effective…

Read More NY State Law Protections for Employees: 2020 and Beyond
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Effective October 11, 2019, the New York State Human Rights Law permits an award of punitive damages in certain employment discrimination cases. The relevant section is codified at NYS Executive Law § 297(4)(c), which provides: If, upon all the evidence at the hearing, the commissioner shall find that a respondent has engaged in any unlawful…

Read More NYS Human Rights Law Provides for Punitive Damages in Certain Employment Cases
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