2019 was a big year for New York employment laws and these changes will affect your employees moving forward in 2020.
Here is a breakdown of the new legal changes:
Increases to Employers’ Exposure to Discrimination Claims: Effective February 8, 2020 employers of all sizes may be sued for discrimination or harassment. This law previously was limited to employers with 4 or more employees. This law made it easier for employees to bring forward claims of harassment. Specifically, this law provides (1) that the main affirmative defense to a harassment claim (i.e. that an employer has a policy with a complaint procedure that the employee unreasonably failed to use) does not bar harassment claims under New York law, and (2) that an employee does not have to show that the harassment was at least severe or pervasive in order to bring a claim.
Additional Classes Are Now Protected From Discrimination: New York Updated which characteristics are protected from discrimination, including gender identity or expression, sexual reproductive health choices and an employees’ choice to wear natural hairstyles or religious clothing, attire or facial hair.
Pay Equality Laws: Two key takeaways were introduced taking aim at pay inequity. The first restricts employers’ ability to seek or rely on an applicant’s salary history to make a job offer or set a salary. The second prohibits employers from paying employees differently for equal work or “substantially similar work” performed under “Similar working conditions” based on any characteristics protected under New York Law.
Restrictions on Pre-Employment Inquiries: New York State Law prohibits pre-employment testing for marijuana in most circumstances and pre-employment requests for salary information. Westchester has banned pre-employment criminal background checks.
Paid Voting Leave: As of April 2019, New York employers were required to give employees up to three hours of paid leave to vote in any election.
Accommodations Obligations Expanded: New York also codified employers’ responsibility to accommodate (or better accommodate) employees who are lactating, seeking reasonable accommodations for disability or other protected reasons, or who are the victims of domestic violence. Many employers will need to revise their policies and practices as a result.
Restrictions on Confidentiality Agreements: As of 2020, employers in New York cannot require employees to sign agreements that restrict their ability to discuss facts regarding discrimination or harassment. This impacts many commonly used contracts, such as settlement agreements, intellectual property agreements, and non-disclosure agreements.
Expansion of Required Paid Sick Time: Westchester County now requires an employer whose employees work in that county to provide those employees up to 40 hours a year of paid sick time. Previously, only employees working in New York City were required to be provided paid sick leave.
These are just a few of the important changes that are ongoing in terms of New York employment laws. This is not a comprehensive guide to all of the employment law changes affecting New York Employers. Please contact us if you have any questions about how these changes will affect your organization please contact a risk advisor at 914.357.8444
