New York Developments

New York State Department of Labor Releases Guidance and FAQs for Compliance with Newly-Enacted COVID-19 Leave Law

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The New York State Department of Labor (“NYSDOL”) has issued guidance (the “Guidance”) and answers to frequently asked questions (“FAQs”) relating to various aspects of the newly-enacted legislation providing emergency sick leave, expanded New York Paid Family Leave (“NYPFL”) and expanded short-term disability benefits to certain employees unable to work because of COVID-19. Our previous analysis of this legislation (the “Act”) and what it means for employers can be found here: https://blogs.orrick.com/employment/2020/03/. READ MORE →

Regulators Offer Insights Into SEC, CFTC, and OSHA Whistleblower Program’s Trends and Priorities

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On July 16, 2019, three prominent whistleblower law regulators spoke at PLI’s Corporate Whistleblowing in 2019, which was co-chaired by Orrick partners Mike Delikat and Renee Phillips. With the standard disclaimer that their comments and opinions were their own and not the official comments of their respective agencies, each spoke about their agencies’ whistleblower program’s current progress, challenges, and priorities. READ MORE →

Phase Two of New York Legislative Response to #MeToo: State Passes Comprehensive Anti-Discrimination Expansion Bill

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Major changes are in store for New York employers under a new bill passed in the waning hours of the 2019 legislative session. As part of an ongoing, multi-year effort to address sexual harassment and other discrimination and harassment issues, the New York legislature on June 19, 2019 passed Assembly Bill 8421 (“AB 8421”), a compendium bill that introduces new and refined employee protections against harassment, retaliation, and discrimination in the workplace. AB 8421 amends the New York State Human Rights Law (“NYSHRL”) to usher in new affirmative protections and procedural mandates that will significantly affect employer liability under state law. Building on protections previously enacted under the 2018 state budget, AB 8421 will expand prohibitions on nondisclosure agreements and arbitration agreements to categories of discrimination and harassment beyond sexual harassment. Key elements of AB 8421 are described below. READ MORE →

New York City: Employment Actions Based On Hairstyle May Be Unlawful Race Discrimination

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On February 18, 2019, the New York City Commission on Human Rights (NYCCHR) announced new enforcement guidance deeming certain actions taken based on an individual’s hair or hairstyle – whether at work, at school, or in public spaces – a form of racial discrimination. READ MORE →

New York State and New York City Ring in the New Year With More Gender Protections

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Last year, in the immediate aftermath of the #MeToo movement, both New York State and New York City passed sweeping legislation that sought to provide additional protections for individuals from sexual harassment (see our prior blog posts here). Perhaps most notable was legislation requiring all New York State employers to adopt a sexual harassment prevention policy by October 2018 and to conduct annual sexual harassment prevention training beginning no later than October 2019, among other things. Neither the State nor City legislatures appear to be slowing down – already this year, both have enacted additional worker protections. READ MORE →

NY Harassment Update: NYS Releases Sexual Harassment Prevention Training Videos and NYC Releases Sexual Harassment Prevention FAQs

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Late last month, the New York State Department of Labor released model sexual harassment prevention training videos that employers can use to train their employees, available here. While a welcome development, the videos alone do not fully comply with the State’s requirement that sexual harassment prevention training be “interactive” – employers must ensure that employees have the ability to ask questions and receive answers to their questions. The New York City Commission on Human Rights has also provided some new and welcome guidance to employers, releasing FAQs regarding NYC’s new sexual harassment prevention laws, available here. The FAQs primarily address which employers must conduct sexual harassment prevention training and how to calculate an employer’s number of employees for purposes of determining whether the employer is subject to the training requirements. READ MORE →

NYS Advances its #MeToo Agenda: Draft Sexual Harassment Guidance Released

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Late last week and in anticipation of the October 9, 2018 deadline for compliance with the statewide sexual harassment prevention mandate (the “Mandate”), New York Labor Law § 201-g, New York State released a model policy, complaint form, and training module.  The materials are still in draft form and the State is accepting public comments through September 12, meaning these documents are subject to change.  The model policy, complaint form, training module, and FAQs are available here.  Several portions of the sample documents exceed the Mandate’s minimum requirements, and some directly conflict with the position of other agencies.

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NYC Leaps to Cutting Edge of #MeToo Movement

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On April 11, 2018, the New York City Council passed the Stop Sexual Harassment in NYC Act (the “Act”), a comprehensive package of legislation aimed at combating sexual harassment in the workplace and strengthening New York City’s anti-sexual harassment laws.  This is the first major legislative initiative undertaken by new City Council Speaker Corey Johnson, and he explained, “All New Yorkers are entitled to a safe, respectful workplace, and this package of legislation sends a strong message to public and private employers that there is no place for sexual harassment in our City.”  The bill is subject to Mayor Bill de Blasio’s approval and he is expected to sign this legislation into law in short order.

There are 11 separate bills included in the Act: three amend the New York City Human Rights Law (“NYCHRL”), three apply to private employers, and the rest apply to City agencies. READ MORE →

#MeToo—New York Poised to Ban Non-Disclosure and Arbitration of Sexual Harassment Claims

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On March 30, 2018, the New York State Assembly completed passage of the 2018-19 state budget.  Undoubtedly spurred by the #MeToo movement, the final budget measure, which is expected to be signed into law by Governor Andrew Cuomo, includes a bill (S. 7507–C/ A. 9507–C), containing several measures aimed at creating safer workplaces free of sexual harassment and abuse.  READ MORE →

Pulling the Plug: New York City Bill Would Give Workers the “Right to Disconnect”

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It is now the norm to see passersby glued to their phones as they make their morning trek into work. And when those employees head home, they are often unable to “leave work at the office” as they continue to respond to evening messages, texts, and emails. Recent studies have shown that employees who spend time communicating about work matters and engaged in other work activities outside of working hours are less productive in the office and have a worse quality of sleep. Now, a novel bill introduced before the New York City Council seeks to end that practice by giving workers the ability to pull the plug on work communications during non-work hours.

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