by Stephen D. Hans | May 21, 2024 | Paid Prenatal Leave
Lawmakers Mandate Paid Lactation Breaks, As Well as Paid Prenatal Leave As part of an effort to improve maternal care and reduce infant mortality rates in New York, the state’s legislature has modified the state’s labor laws to require that employers provide nursing mothers with paid breaks to express breast milk. The changes come as part of the finalization of New York’s $237 billion budget for 2024. How Has the Law Changed for Nursing Mothers? Employers in New York have been required to allow nursing mothers to take breaks to express breast milk for nearly 20 years. Until now, though, a nursing mother was required to either take an unpaid break or use other paid break time for lactation. Under the Nursing Mothers in the Workplace Act, such breaks were allowed for up to three years after a child’s birth. Furthermore, New York employers must prepare and disseminate a copy of the company’s lactation policy to all employees. Pursuant to the new law, which becomes effective on June 19, 2024, an employer must grant a worker a paid break “each time” she has a “reasonable need to express breast milk.” Nothing in the language of the law prevents an employee from taking more than one such break during a shift. The New Paid Prenatal Leave Requirements in New York The legislature also enacted a new law mandating employers to give workers 20 hours of paid prenatal leave during any given calendar year, in addition to sick and safe leave. The language of the new law seems clearly to apply only to employees who are pregnant, not to significant others....
by Stephen D. Hans | May 15, 2024 | Pregnant Workers Fairness Act (PWFA)
Ruling Clarifies Employer’s Obligations under New Federal Law In 2022, the U.S. Congress approved and President Biden signed into law a new federal statute, known as the Pregnant Workers Fairness Act, affording workers certain protection when expecting a child, in childbirth or when experiencing other medical conditions. Though the new law has been on the books for nearly a year and a half, and technically went into effect on June 27, 2023, the Equal Employment Opportunity Commission just recently issued the final regulation to allow the law to be carried out. The Final Rule will become effective on June 18, 2024. What Protections Does the Pregnant Workers Fairness Act Provide? Under the statute as written, a covered employer must make a “reasonable accommodation” got any qualified worker’s known limitations resulting from or connected with pregnancy, childbirth and related medical conditions, unless doing so constitutes an “undue hardship.” The PWFA applies to all public and private sector employers with 15 or more employees, as well as to Congress, all federal agencies, employment agencies and labor organizations. The law specifically prohibits: Failing to make a reasonable accommodation, as stated above Mandating that an employee accept any accommodation other than one resulting from an interactive process Subjecting an employee to an adverse employment action because of the need for a reasonable accommodation under the act Compelling an employee to take leave if a reasonable accommodation is available that would allow the employee to keep her job Any kind of punishment or retaliation related to the request for or use of a reasonable accommodation under the act What Does the Final Ruling Address?...
by Stephen D. Hans | May 8, 2024 | NLRB
National Labor Relations Board Rules that Apple Wrongfully Interfered with Union Activity The National Labor Relations Board has sided with Apple employees in a complaint lodged against the tech giant alleging wrongful interference with protected collective bargaining rights. It’s not the first time Apple has faced similar allegations. Over the past three years, the company has faced increasing scrutiny by the NLRB as employees at two stores have unionized and workers at other Apple retail outlets have explored the possibility of collective bargaining. In the most recent ruling, the federal labor board concluded that a New York City Apple store’s manager had violated federal law by asking an employee if he supported the unionization effort. The NLRB held that such action amounted to an illegal and unlawful interrogation. Additionally, the board found that the NYC Apple store illegally prohibited employees for distributing literature about the possibility of forming or joining a union. In its defense, Apple argued that the manager did not intend to threaten the employee, and further contended that the questions asked of the worker did not rise to the level of interrogation previously ruled illegal by the NLRB. The NLRB said the manager’s intent was irrelevant…the action was illegal. As a part of the ruling, Apple will be required to post notices at the store admitting to violation of federal law and informing employees of their rights. Apple also faced sanctions from the NLRB in 2023, when the board found that the company’s “work rules, handbook rules and confidentiality rules” violated federal law as reasonably tending to interfere with, restrain or coerce employees who sought to...
by Stephen D. Hans | Apr 30, 2024 | Social Media Accounts
New York Labor Law Amended to Ban Employers from Compelling Disclosure of Access Credentials Following the lead of a number of other states that have put limits on employer access to applicant and employee social media activity, legislators have amended the New York Labor Law to prevent certain actions by employers regarding both job applicants and employees. The changes, which went into effect on March 12, 2024, apply to any employer who falls under the purview of the New York Labor Law, with limited exceptions, including fire and police departments, the department of corrections and community supervision agencies. The amendments apply specifically to social media accounts, which the act defines as “account(s) or profile(s) on an electronic medium where users may create, share, and view user-generated content.” What Do the Amendments Ban? Pursuant to the changes, the New York Labor Law now: Makes it a violation of law for an employer to require or even ask a job applicant or an employee to provide the employer with any content from the employee’s personal social media accounts, including posts, pictures and videos Prevents employers from asking job applicants or employees to provide any personal social media access information, including username or password Forbids employers from compelling job applicants or employees to log onto or access personal social media accounts in the employer’s presence Furthermore, an employer may not take any retaliatory action or expose a worker to any job-related punishment or sanction for refusing to comply with such requests. Are There Exceptions to the Applications of the Amendments? Yes. Under the law, it will not be a violation if an...
by Stephen D. Hans | Apr 23, 2024 | Disability Discrimination, Discrimination for Sexual and Reproductive Health Decisions, Employment Discrimination, Employment Discrimination Based on Immigration, National Origin Anti-Discrimination Practices
Workers Now Have Three Years to Seek Redress after Workplace Discrimination In any legal matter, when you look to the courts for a remedy, you must comply with the statute of limitations, which identifies the length of time within which you must file your complaint with the court. If you fail to take action within that prescribed period, the chances are strong that you’ll be prohibited from any type of recovery. There are compelling reasons for this rule: It ensures that any dispute is resolved while memories remain fresh It minimizes the risk that evidence will be lost or that witnesses will die or disappear It ensures that a potential defendant won’t have the threat of legal action hanging over his or her head indefinitely In the state of New York, until earlier this year, the statute of limitations for a claim of unlawful discrimination in the workplace was one year. Effective February 15, 2024, that period has been extended to three years, similar to the statute of limitations for sexual harassment claims. What Types of Discrimination Are Illegal in New York? As an employer in New York, you may not discriminate against a worker or employee based on any of the following factors: Race, color or creed Gender, gender identity or sexual orientation National origin, alienage or citizenship status Age or perceived age Disability Marital or partnership status Pregnancy, childbearing or caregiver status Arrest or conviction record How Is an Unlawful Discrimination Claim Filed in New York? An employee may opt for one of three methods for initiating a wrongful discrimination claim: The New York Division of Human...
