Recent Blog Posts
- Proposed Rules Open for Public Comment: NYC Fair Workweek Law The New York City Department of Consumer Affairs (“DCA”) has issued proposed rules for the implementation of the Fair Workweek Law. The law establishes scheduling practices for fast food and retail workers in New York City and is set to go into effect on November 26, 2017.
With regard to retail employers, the proposed rules include:
Workplace notice positing requirements, § 14-02. The DCA’s notice template is not yet available.
Workplace schedule posting requirements, § 14-04. Retail employers must conspicuously post schedules three... More
- California Regulations on Use of Criminal History Information in Employment Decisions California’s Fair Employment & Housing Council has finalized and adopted new regulations to establish criteria for the use and consideration of criminal history information in employment decisions where such use may constitute a violation of California’s Fair Employment and Housing Act. The new regulations take effect July 1, 2017, and are available here and on the Council’s website. The regulations are intended to clarify, outline and maintain consistency between the laws governing the consideration of criminal history information in employment decisions.
- U.S. Department of Labor Updates Mandatory FLSA and Polygraph Protection Act Posters Retail employers should take note that the U.S. Department of Labor (“DOL”) updated its mandatory posters notifying employees of their rights under the Fair Labor Standards Act (“FLSA”) and Employee Polygraph Protection Act (“EPPA”). The FLSA and EPPA posters no longer identify the civil monetary penalties that may be assessed for violations. The FLSA poster also provides information regarding the rights of nursing mothers under the FLSA. Employers are required to post the revised mandatory posters as of August 1,... More
- New York City Enacts Law Requiring Gender-Neutral Restrooms On June 28, 2016, New York City Mayor Bill de Blasio signed legislation passed earlier this month by The New York City Council to amend the City’s administrative code, plumbing code and building code to require gender-neutral single-occupant restrooms. The new law applies to businesses and other establishments in the City’s five boroughs with existing single-occupancy, publicly-accessible restrooms. The law does not require businesses to build new single-occupant restrooms, nor does it affect larger restrooms with multiple single-stalls.
Instead, the law... More
- New York City Expands Protections of Its Human Rights Law and Provides for Agency Awards of Attorney’s Fees to Complainants On March 28, 2016, New York City Mayor Bill de Blasio signed three pieces of legislation passed earlier this month by The New York City Council to amend the City’s Human Rights Law (“NYCHRL”).
The new laws:
require that the NYCHRL be interpreted expansively to maximize civil rights protections, regardless of how courts have interpreted similar provisions under federal and state anti-discrimination laws;
permit the City’s Commission on Human Rights the authority to award attorney’s fees and costs to complainants in cases brought... More
- EEOC Implements Nationwide Program to Disclose Employer Position Statements and Supporting Documents The Equal Employment Opportunity Commission (“EEOC”) recently implemented nationwide procedures for the release of employer position statements to Charging Parties upon request. The new procedures raise concerns about disclosure by the EEOC of non-public personnel and commercial or financial information the employer may disclose to support its position with regard to the Charge.
Before releasing the supporting documents to the Charging Party, the EEOC will review the employer’s submissions and withhold only information the Commission decides should be considered confidential. The type... More
- Bluntly Speaking: Medicinal Weed is Legal in New York On January 7, 2016, New York launched the Medical Marijuana Program established under the State’s Compassionate Care Act (“Program”). The Program
is intended to deliver approved forms of marijuana to seriously ill individuals “in desperate need of treatment.” Medicinal use of marijuana in New York requires a registered physician’s certification and State-issued registry identification card.
The Program establishes that State-certified medicinal pot users “shall be deemed” disabled within the meaning of the State’s Human Rights Law (“NYSHRL”). Under the NYSHRL, employers with... More
- EEOC’s Electronic Charge System: Phase I – Respondent’s Portal The U.S. Equal Employment Opportunity Commission (“EEOC”) created the Action Council for Transformation to a Digital Charge System (“ACT Digital”) to enable the electronic submission of documents between the parties to a Charge of Discrimination and the EEOC. Phase I of the system allows an employer against whom a Charge of employment discrimination has been filed to electronically interact with the EEOC through its online service for respondents, the EEOC Respondent Portal. The pilot program for Phase I began in... More
- San Francisco Retail Workers Bill Of Rights The San Francisco Board of Supervisors passed two ordinances, known colloquially as the Retail Workers Bill of Rights, to regulate: (1) employee hours, scheduling, and retention; and (2) treatment of part-time employees at certain standardized retail establishments in San Francisco. The ordinances, codified as: Hours and Retention Protections for Formula Retail Employees Ordinance, San Francisco Police Code Article 33F, and Fair Scheduling and Treatment of Formula Retail Employees, San Francisco Police Code Article 33G, went into effect earlier this year. Enforcement... More
- New York City Investigation of Hiring Practices New York City’s Commission on Human Rights is now authorized to investigate employers in the Big Apple to search for discriminatory practices during the hiring process. This authority stems from a law signed into effect by Mayor de Blasio that established an employment discrimination testing and investigation program. The program is designed to determine if employers are using illegal bias during the employment application process.
Under this program, which is to begin by October 1, 2015, the Commission is to use... More