New York Blog — Employment Defense
Labor and Employment Defense
Welcome to the NYC Employment Law Blog! This blog is an online publication of Stephen D. Hans & Associates, P.C., a New York City law firm that has been representing small and mid-sized businesses throughout the New York metropolitan area in all types of employment and labor law matters for over thirty years. We hope this blog will be an interesting and informative resource for our readers, whether they are current or past clients, or simply compliance-minded business owners looking for ways to stay up-to-date with the ever-changing employment law landscape. To that end, we will endeavor to offer regular blog posts highlighting legislative developments, significant court and agency decisions and noteworthy news stories from the employment and labor law realm. We hope that as a reader you will find ours blog enlightening, useful and above all, interesting.
If you are the owner of a small or mid-sized business in New York State and have questions regarding any of our blog posts, or if you would like to consult with us regarding any employment or labor law issues, please feel free to give us a call at (718) 275-6700 or contact us online to schedule an in-person consultation at our offices.
Thank you for visiting our blog and we hope that you check back often!
Sincerely,
Stephen D. Hans & Associates, P.C.
Blogs
No Mandatory Arbitration Under the NYS Anti-Sexual Harassment Law
Will the Provision Hold Up Under Higher Court Scrutiny?
New York’s new anti-sexual harassment law states that New York employers may no longer include mandatory arbitration clauses for sexual harassment claims. Furthermore, settlements regarding sexual harassment claims may not include non-disclosure provisions. The exception would be when the complainant prefers to include such a provision.
Reasons the Arbitration Provision May Not Stand
In a recent case, Mahmoud Latif v. Morgan Stanley & Company, the company moved to compel arbitration of Latif’s claims based on their arbitration agreement.
What the New Anti-Sexual Harassment Law Means for NY Employers
Is There Liability You Could Face that You Did Not Face in the Past?
The NYS new anti-harassment law has a number of sweeping changes. For one, it applies to all protected classes under New York Human Rights Law, not only to sexual harassment cases. Protected classes include discrimination based on:
Two New York Bills Passed in June for Equal Pay
Equal Pay Continues to Be a Focus for New York Legislatures
The New York legislature passed two laws that offer greater protection against wage discrimination. As employers, it is wise to stay abreast of new employment law amendments so you can ensure your business practices are up-to-date.
Details of the NY Anti-Sexual Harassment Law for 2019
The New NY Anti-Sexual Harassment Law: What Employers Should Know
Additional New York State anti-sexual harassment law protections came into existence in August 2019.
Under the new law, sexual harassment only has to rise above the level of “petty slights or trivial inconveniences,” which is a much lesser burden of proof. This change will make it much easier for victims to come forward and file a lawsuit against employers. By comparison, under the previous law, the plaintiff would have to prove that sexual harassment was “severe or pervasive.”
When Does the New Law Go into Effect?
The law will roll out in three stages during the next 60 days.
Family Responsibilities Discrimination (FRD) Lawsuits
What is FRD or Caregiver Discrimination?Also called caregiver discrimination,discrimination against:Pregnant women,Breastfeeding women, etc.