Tag Archives: Nancy Gunzenhauser Popper

Mayor de Blasio Proposes Mandatory Paid Personal Time Law

On January 9, 2019, Mayor Bill de Blasio announced his plan to make New York City the first city in the country to mandate that private sector employers provide paid personal time (“PPT”) for their employees. Under the proposal, employers with five or more employees would be required to grant their employees 10 days of PPT to use for any purpose, including vacation, religious observance, bereavement, or simply to spend time with their families. It is unclear whether the proposed legislation would apply to only full-time workers, or whether, similar to the Earned Safe and Sick Time Act (“ESSTA”), it would include many part-time employees as well. The Mayor said he would work with the New York City Council to develop the legislation, and several Council members have already voiced their support for the proposal.

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Suffolk County Enacts Law Banning Wage History Inquiries

On November 20, 2018, Suffolk County, New York’s Legislature passed the Restricting Information on Salaries and Earnings Act (“RISE Act” or “Act”). With limited exceptions, the Act will prohibit employers in Suffolk County with four or more employees from inquiring about or relying on a job applicant’s compensation history at any stage during the hiring process. Sponsored by County Executive Steve Bellone, the RISE Act amends the Suffolk County Human Rights Law. The Act will become effective on June 30, 2019.

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Act Now Advisory: New York’s Salary Threshold for Exemption Will Increase on December 31, 2018

Effective December 31, 2018, New York State’s salary basis threshold for exempt executive and administrative employees[1] will increase again, as a part of amendments to the minimum wage orders put in place in 2016.[2] Employers must increase the salaries of employees classified as exempt under the executive and administrative exemptions by the end of the year to maintain these exemptions.

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New York Paid Family Leave Benefits Scheduled to Increase January 1, 2019

On January 1, 2019, the length of paid leave and amount of weekly benefits under the New York Paid Family Leave Act (“NY PFL”) are scheduled to increase, the first of three yearly increases. The NY PFL, which took effect earlier this year, allows employees to collect up to a maximum of eight weeks of benefits within a 52-consecutive week period. In 2018, employees are eligible to earn 50% of their average weekly salary, up to a cap set at 50% of the state average weekly wage. Currently, the NY PFL benefits has been calculated based on the 2016 New York State average weekly wage, which is $1,305.92 per week. Thus, the maximum benefit amount in 2018 is $652.96 per week.

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Guidance on Employers’ Obligations Under the New York City’s Disability Discrimination Laws Issued

Our colleagues at Epstein Becker Green has a post on the Retail Labor and Employment Law blog that will be of interest to our readers in the health care industry: “NYC Commission on Human Rights Issues Guidance on Employers’ Obligations Under the City’s Disability Discrimination Laws.”

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NYC Commission on Human Rights Issues Guidance on Employers’ Obligations Under the City’s Disability Discrimination Laws

The New York City Commission on Human Rights (“Commission”) recently issued a 146-page guide titled “Legal Enforcement Guidance on Discrimination on the Basis of Disability” (“Guidance”) to educate employers and other covered entities on their responsibilities to job applicants and employees with respect to both preventing disability discrimination and accommodating disabilities. The New York City Human Rights Law (“NYCHRL”) defines “disability discrimination” more broadly than does state or federal disability law, and the Guidance is useful in understanding how the Commission will be interpreting and enforcing the law.

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UPDATE: Model FMLA Forms Expiration Date Extended

The expiration date for the U.S. Department of Labor’s (“DOL”) model Family and Medical Leave Act (“FMLA”) notice and medical certification forms has once again been extended. The new expiration date is now August 31, 2018. Expiration dates are located at the top right corner of the model FMLA forms.

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Massachusetts “Grand Bargain” Makes Changes to Blue Laws for Retailers Continue Reading…

Our colleagues , Eric I. Emanuelson, Jr. at Epstein Becker Green have a post on the Retail Labor and Employment Law blog that will be of interest to our readers: “Massachusetts “Grand Bargain” Makes Changes to Blue Laws for Retailers.”

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Massachusetts “Grand Bargain” Makes Changes to Blue Laws for Retailers

A legislative bargain requires give-and-take from all stakeholders. On June 28, 2018, Massachusetts Governor Baker signed House Bill 4640, “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday” (the “Act”). This “grand bargain” gradually raises the minimum wage, provides for paid family and medical leave, makes permanent the Commonwealth’s annual tax holiday, and phases out Sunday and holiday premium pay requirements. While Massachusetts employers must now adjust to an increased minimum wage and new paid family medical leave program, retailers with eight or more employees may see those costs mitigated by the gradual elimination of Sunday and holiday premium pay mandates.

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Alert: Model FMLA Forms Set to Expire

The U.S. Department of Labor’s (“DOL”) model Family and Medical Leave Act (“FMLA”) notices and medical certification forms expire on July 31, 2018. However, the new model forms have not yet been released. The current FMLA forms were originally due to expire on May 31, 2018, but the expiration date was first extended to June 30, 2018 and then to July 31, 2018.

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