NYC Amenda (and Delays Effective Date of)
Salary Disclosure Law for Job, Promotion, and Transfer Advertisements (April 30, 2022)

 

Late last year, the New York City Council passed Int. No. 1208-B, now Local Law 32 of 2022,
which amended the City Human Rights Law (“HRL”) to require City employers with four or
more employees to include in job postings – including those for promotion or transfer
opportunities – the minimum and maximum salary offered for any position located within
New York City (“Law”). Failure to comply with the pay transparency requirements would
constitute an unlawful discriminatory practice under the HRL. As enacted, the Law was
scheduled to take effect on May 15, 2022, but that, and other provisions, have just been
amended. Yesterday, the City Council’s Committee on Civil and Human Rights passed
Int. No. 134-A, which implements several significant amendments to the Law, and this
afternoon the City Council passed the same (“Amendments”).

 

Specifically, the Amendments:

  • Extend the effective date of the Law to November 1, 2022;
  • Clarify that the Law extends to both hourly and salary employees;
  • Supplement the Law to reiterate that it does not apply to positions that
    “can not or will not be performed” in the City;
  • Restrict job applicants, rather than current employees, from suing
    covered employers; and
  • Bar penalties for first-time violations if an employer corrects the problem
    within 30 days.

The Amendments seek to balance the Law’s main purpose of helping to prevent
pay discrimination against women and minorities, while answering some of the
business community’s most urgent concerns. If you have any questions in
navigating this delicate balance, please feel free to contact the Pitta LLP
attorney with whom you work, or any of our other dedicated attorneys.

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COVID Paid Sick Leave (April 30, 2022)

We wanted to remind you that in New York State, COVID Paid Sick Leave is still
in effect for employees who are ordered to quarantine or isolate due to
COVID-19 and are unable to work while in quarantine or isolation. Depending
on the size of the business, employers may be required to provide COVID Paid
Sick Leave to employees without requiring employees to first use accrued paid
time off.

 

All employees, regardless of the size of the business they work for, are entitled
to job protection upon returning to work from COVID Sick Leave. Employees
exercising these rights are protected under New York’s anti-retaliation laws.
To learn about what you can do if you were exposed, have symptoms, or test
positive for COVID, please click here

 

To find out more about your rights about COVID Sick Leave or to file a complaint, visit paidfamilyleave.ny.gov/COVID19.

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NYSDOL Whistleblower Law (February 22,2022)

New York’s Whistleblower Law was expanded on January 22,2022.

NYSDOL released a new notice that every workplace must post in a place frequented by employees


NYC Business Vaccine Certificate (December 7, 2021)

Please see the link below for your business certificate posted by NYC Businesses to affirm adherence to the new law.

https://www1.nyc.gov/assets/doh/downloads/pdf/covid/covid-19-vaccination-workplace-requirement-affirmation.pdf

NYC Mandates COVID-19 Vaccinations for All Private-Sector Employees (December 7, 2021)

As you may have heard, Mayor de Blasio announced this morning an expansion of the NYC vaccine mandate.  Details are still sketchy and I’ve not seen a new executive order issued as of yet, but here’s what we know so far.

Employers Subject to Current “Key to NYC” Mandate

  • This applies generally to employees and patrons of indoor portions of bars, restaurants, gyms and live entertainment venues.
  • As of 12/27, expands vaccine requirement from one to two doses for those aged 12 and over. The requirement is not “fully vaccinated” as defined by CDC – one doesn’t have to wait for 2 weeks after final dose to visit or work at these establishments.
  • As of 12/14, adds a new requirement for those 5-11 years old to have at least one vaccine dose.
  • You cannot test out of this requirement.  Medical and religious exemptions apply as they do currently.
  • These are the minimum requirements.  An establishment can require stricter standards, including that patrons and employees must be “fully vaccinated”.

 Other Private Employers To Which “Key to NYC” Does Not Apply

  • As of 12/27, mandates that all employees of private businesses must have at least one vaccine dose (doesn’t require two shots nor boosters).
  • Requirement will not be limited to certain industries.
  • No minimum employee requirement for mandate to apply.
  • I expect that one won’t be able to test out of this requirement absent a necessary accommodation, but awaiting further details.
  • These are the minimum requirements.  An employer can require stricter standards, including that employees must be “fully vaccinated”.
  • That’s all we know for now. More information is supposed to be available as of 12/15.

Adult Use Cannabis (October 26, 2021)

This document is intended to address some of the most common situations or questions in the workplace
related to adult-use cannabis and the Marijuana Regulation and Taxation Act (“MRTA”). This document
does not address the medical use of cannabis. For further assistance with New York Labor Law and the
MRTA, please visit New York State’s Office of Cannabis Management’s website at cannabis.ny.gov or consult with
an appropriate professional.


New York Hero Act (September 20, 2021)

The purpose of this plan is to protect employees against exposure and disease during an airborne infectious disease
outbreak. This plan goes into effect when an airborne infectious disease is designated by the New York State
Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the
public health. This plan is subject to any additional or greater requirements arising from a declaration of a state of
emergency due to an airborne infectious disease, as well as any applicable federal standards.