A new law, effective March 12, 2021, provides leave time for employees to obtain a COVID-19 vaccination. Specifically, this legislation, inter alia, adds new Section 196-c to the New York Labor Law. That section provides: § 196-c. Leave time for COVID-19 vaccination, NY LABOR § 196-c 1. Every employee shall be provided a paid leave…
Read More New NY Law Provides Leave Time For COVID-19 VaccinationRecent 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 EmployeesOn July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act into law. In sum, the ADA is a federal law, codified at 42 U.S.C. § 12101 et seq, that prohibits discrimination against individuals with disabilities in various areas, including in employment (Title I), public entities and public transportation (Title II), and…
Read More The Americans With Disabilities Act Turns 30On 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.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-19The 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 ContractorsHappy 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 BeyondEffective 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 CasesToday, Governor Cuomo signed legislation (A8421 / S6577) that substantially strengthens the New York State Human Rights Law, particularly with respect to sexual harassment. Among other things, the legislation: Eliminates the “severe or pervasive” standard for hostile work environment claims; Eliminates the so-called “Faragher/Ellerth defense” to hostile work environment claims, in that “[t]he fact that…
Read More Governor Cuomo Signs Legislation Strengthening the New York State Human Rights LawOn Tuesday, July 23, 2019, Governor Cuomo signed a law, Senate Bill S1719C (A5981), which “establishes the crime of unlawful dissemination or publication of an intimate image” (a/k/a “revenge porn”). The legislation, inter alia, amends the Penal Law by adding a new section (§ 245.15), titled “Unlawful dissemination or publication of an intimate image”, and…
Read More “Revenge Porn” Legislation Signed Into Law in New York