Recent Blog Posts
- NYC Bill Banning Pre-Employment Marijuana Drug Testing Becomes Law As we previously reported, on April 9, 2019, the New York City Council passed Int. 1445-A, which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana). On May 10, 2019, Int. 1445-A became law by operation of the New York City legislative process, which automatically made the bill law after 30 days without action by Mayor de Blasio. The law becomes effective May 10, 2020, giving New York City employers one year to... More
- New Jersey Issues Updated Family Leave Act and Family Leave Insurance Act Posters On February 19, 2019, New Jersey Governor Phil Murphy signed into law A 3975 (“the Law”), which significantly expanded the state’s the Family Leave Act (“NJFLA”), Family Leave Insurance Act (“NJFLI”), and Security and Financial Empowerment Act (“SAFE Act”). We prepared an Act Now Advisory, summarizing the extensive changes made by the Law, including, among other things, the expanding and making uniform the definition of “family member” for all three laws, and, effective June 1, 2019, extending the NJFLA to... More
- Employment Law This Week®: EEOC Pay Data Deadline, Class Arbitration Ruling, Scope of Title VII, Marijuana Drug Test Ban, “Wage Theft” Hearing This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into May 2019.
NYC is set to become the first city to ban pre-employment marijuana drug testing. With a growing number of jurisdictions legalizing the medical and adult recreational use of marijuana, it’s no surprise to see the emergence of additional employment-related laws. The New York City Council recently passed a bill that would prohibit marijuana drug testing for prospective employees as a condition of employment. The Council... More
- NYC Roundtable Event – “Managing in the #MeToo Era” – CLE Available June 6, 2019 at 8:00 a.m. – 10:00 a.m.
NYC Roundtable Event
Our colleagues Denise M. Dadika, Michael F. McGahan, Kathleen M. Premo, and Ian Carleton Schaefer will be participating in an upcoming interactive roundtable discussion “Managing in the #MeToo Era: The Latest Legal Developments and Their Implications for Health Care Employers” on the implications of the #MeToo movement for members of the health care industry. The program will include an in-depth discussion on:
creating a workplace environment free from harassment and discrimination, including the... More
- New York Mandates 3 Hours Paid Time Off to Vote In an announcement about New York’s budget for fiscal year 2020, New York Governor Andrew Cuomo highlighted, among other things, an amendment to Section 3-110 of New York’s Election Law mandating three hours of paid time off for all New Yorkers to vote on election day.
Under the amendment, which is effective immediately, all New York employees who are registered to vote may request up to three hours of paid time off to vote, regardless of their work schedules, as long... More
- NJ Employers and Out-of-State Employers with NJ Residents Prepare: State Updates Website on Employer Reporting for New Jersey Health Insurance Mandate As employers are wrapping up their reporting under the Affordable Care Act (“ACA”) for the 2018 tax year (filings of Forms 1094-B/C and 1095-C/B with the IRS are due by April 1, 2019, if filing electronically), they should start preparing for new reporting obligations for the 2019 tax year.
After a string of failed efforts to repeal the ACA, Congress, through the Tax Cuts and Jobs Act of 2017 (“TCJA”), reduced the federal individual shared responsibility payment assessed (with limited exceptions)... More
- A Reminder from the DOL: Document a Plan’s Procedures for Designating Authorized Representatives The information letter issued by the Department of Labor (the “DOL”) on February 27, 2019 (the “Information Letter”) provides a reminder to plan sponsors about the importance of disclosing the procedure for appointing authorized representatives in the benefit claim and appeal procedures for employee benefit plans subject to the Employee Retirement Income Security Act of 1976 (“ERISA”), as amended and also about the extent of the authority of the authorized representative. The Information Letter was in response to a query... More
- New Jersey Law Prohibits Prospective Waivers and Secret Discrimination, Retaliation, or Harassment Settlements On March 18, 2019, New Jersey Governor Phil Murphy signed a bill amending the New Jersey Law Against Discrimination (LAD) to prohibit contractual provisions that result in the wavier of a right or remedy provided under the LAD or prevent the disclosure of information pertaining to claims of discrimination, retaliation or harassment. The amendment, which is immediately effective, prohibits any provision in an employment agreement, other than a collective bargaining agreement, that:
Waives any substantive or procedural right or remedy relating... More
- David Clark Quoted in “Did Your Doctor Disappear Without a Word? A Noncompete Clause Could Be the Reason” Our colleague David A. Clark at Epstein Becker Green was recently quoted in The New York Times, in “Did Your Doctor Disappear Without a Word? A Noncompete Clause Could Be the Reason,” by Michelle Andrews. Read more about the article here.
The post David Clark Quoted in “Did Your Doctor Disappear Without a Word? A Noncompete Clause Could Be the Reason” appeared first on Health Employment and Labor.... More
- Race Discrimination on the Basis of Hair Is Illegal in NYC The New York City Commission on Human Rights published legal enforcement guidance defining an individual’s right to wear “natural hair, treated or untreated hairstyles such a locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.” The guidance applies to workplace grooming and appearance policies “that ban, limit, or otherwise restrict natural hair or hairstyles”:
[W]hile an employer can impose requirements around maintaining a work appropriate appearance, [employers] cannot enforce such policies... More