Rojgar Job News

My partner Gary Starr returns with this pre-Thanksgiving tale that seems appropriate not for the holiday, but for the headlines of late.  Happy Thanksgiving and stay out of trouble. Another day, another celebrity figure accused of harassment. Or worse. Many of the accounts reveal the abuse of power and the lack of respect shown to women.  A recent case adds another aspect to the ways in which harassment or discrimination against women may occur.  While the case is out of New York, the scenario is one that has applicability in states like Connecticut. The basic facts: A chiropractor hired an attractive yoga and message therapist to his office staff. While he oversaw the medical aspects of the business, his wife served as the chief operating officer. During the therapist’s six months of employment, she described her relationship with the doctor as professional. His wife, however, was disturbed by her presence. Within 3 months, the chiropractor commented...

My unabashed love of the New York Yankees has been well chronicled here on the blog. (Here and here for just a sample.) So imagine my surprise when I did a deeper dive last night into the Supreme Court’s landmark decision yesterday.  There on page ten, Justice Gorsuch digs deep into baseball loyalties for this example: Consider an employer with a policy of firing any woman he discovers to be a Yankees fan. Carrying out that rule because an employee is a woman and a fan of the Yankees is a firing “because of sex” if the employer would have tolerated the same allegiance in a male employee. Or, put another way, it’s ok to fire Yankees fans, so long as all employees who like the Yankees (both male and female) are treated the same. (I’m still waiting for a vociferous dissent from Justice Sotomayor – a devout Yankees fan herself.) Wait, you might say — That’s my private belief! How can I be fired for just liking a baseball team? But obvious...

Riding on the 2018 wave of workplace sexual harassment legislation, on June 19, 2019, the New York state assembly and senate voted to toughen the state’s anti-discrimination and anti-harassment law (S. 6577/A. 8421 and related amendment S. 6594/A. 8424). Governor Cuomo, a proponent of the bill, is expected to sign the bill into law.   Sponsored by Senator Alessandra Biaggi (D, WF, 34th Senate District) and driven by the Sexual Harassment Working Group, the bill enhances the package of anti-harassment laws that Governor Andrew Cuomo signed into law in 2018. As we reported here and here, the 2018 New York laws require covered employers to provide workplace anti-harassment trainings, and prohibit mandatory arbitrations and non-disclosure agreements for settlement of sexual harassment claims (unless expressly requested by the employee or otherwise inconsistent with federal law). For our New York employers – and indeed for all employers monitoring trends in workplace anti-ha...

The list of states and cities implementing prohibitions on employer salary history inquiries continues to grow. On June 10, 2019, Alabama enacted the Clarke-Figures Equal Pay Act (“CFEPA”), the state’s first pay equity law. The CFEPA prohibits an employer from refusing to interview, hire, promote, or employ an applicant for employment, or retaliate against an applicant for employment because the applicant refuses to disclose their wage history. Wage history is defined in the CFEPA as “the wages paid to an applicant for employment by the applicant’s current or former employer.” The CFEPA took effect on September 1, 2019. On July 31, 2019, Illinois’ governor signed into law House Bill 834, amending the Illinois Equal Pay Act of 2003. This law prohibits employers from screening job applicants based on their current or prior salary and from requesting or requiring that applicants disclose information about their salary history as a condition of be...

Joining the growing list of states enacting privacy and data security laws, on July 25, 2019, New York’s governor signed into law the “Stop Hacks and Improve Electronic Data Security” Act (the “SHIELD Act”), amending the state’s data breach notification and cybersecurity law. The SHIELD Act applies to “any person or business that owns … computerized data which includes private information,” regardless of corporate structure, revenues or location. As such, the SHIELD Act will apply to not only businesses and employers in New York, but may also apply to businesses and employers with no physical presence in New York. The SHIELD Act imposes more expansive data security and data breach notification requirements on companies by: Broadening the scope of “private information” covered under the notification law to include personal information (such as a social security number or driver’s license number), biometric informati...

On December 6, 2019, a three-judge panel of the U.S. Court of Appeals for the Second Circuit (which hears appeals from federal district courts located in Connecticut, New York, and Vermont) unanimously held that employees can allege gender-based pay discrimination under Title VII of the Civil Rights Act even if they cannot show that a member of the opposite sex is paid more for equal work.  This ruling will make it easier for employees in the Second Circuit to bring claims alleging discriminatory compensation practices.  Danielle Markou, a former Systemax Vice President of Risk Management, sued her former employer, as well as the company’s CEO and CFO in their personal capacities, alleging violations of various laws, including the Equal Pay Act of 1963 (“EPA”), Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act of 1978, the whistleblower protections of the Consumer Product Safety Improvement Act of 2008, and related provisions of New ...

On March 18, 2020, New York Governor Andrew Cuomo signed into law providing emergency paid sick leave to New Yorkers. The proposed bill provides job-protected leave benefits for employees affected by COVID-19. Effective March 18, 2020, employees subject to mandatory or precautionary orders of quarantine or isolation issued by the state of New York, the department of health, local board of health, or any governmental entity duly authorized to issue such order due to COVID-19, will be entitled to paid sick leave as follows: Employers with 10 or fewer employees (as of Jan. 1, 2020) and a net income of less than $1 million shall provide unpaid sick leave until the termination of any quarantine or isolation, and guarantee employees access to Paid Family Leave and disability benefits (short-term disability), with no waiting period, for the period of quarantine including wage replacement for their salaries up to $150,000. Employers with 11-99 employees (as of Jan. 1, 2020) and employers ...

COVID-19 Paid Sick Leave On March 17, 2020, New York Governor Andrew Cuomo announced a three-way agreement with the New York Legislature on a paid sick leave bill for New Yorkers. The proposed bill provides job-protected leave benefits for employees affected by COVID-19. Effective immediately upon passage (which is expected in the next few days), employees subject to mandatory or precautionary orders of quarantine or isolation issued by the state of New York, the department of health, local board of health, or any governmental entity duly authorized to issue such order due to COVID-19, will be entitled to paid sick leave as follows: Employers with 10 or fewer employees (as of Jan. 1, 2020) and a net income of less than $1 million shall provide unpaid sick leave until the termination of any quarantine or isolation, and guarantee employees access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine including wage replacement for their sal...

With the number of coronavirus cases now topping 7,000 in New York state, on Friday, March 20, 2020, Governor Andrew Cuomo officially declared that all workers in non-essential businesses across New York state are required to remain at home starting Sunday evening, March 22 in order to combat the ongoing COVID-19 pandemic.  Businesses that do not comply with the new mandate will be issued civil fines and mandatory closures will be enforced.  Governor Cuomo is advising that this order is not a “shelter in place,” which applies to active shooter-type situations, but was clear that the directive is for New Yorkers to remain at home, although they may continue to or begin teleworking from home during this period. In addition, the Governor ordered that all barbershops, hair salons, tattoo or piercing parlors, nail salons, hair removal services, and related personal care services are required to close effective Saturday, March 21 at 8 pm. A day before, on March 19, Gove...

On March 18, 2020, New York Governor Cuomo issued an Executive Order that all non-essential businesses shall reduce their in-person workforce by March 20 at 8 pm.  On March 19, guidance was released clarifying that in-person workforces at each location must be reduced by 75% from pre-state of emergency declaration employment levels.  Employees are of course able to telework during this period.  The Executive Order remains in effect through April 17, 2020. Essential businesses which are not subject to the order include: Essential health care operations, including: research and laboratory services hospitals walk-in-care health facilities veterinary and animal health services elder care medical wholesale and distribution home health care workers or aides doctor and dentist offices nursing homes, or residential health care facilities or congregate care facilities medical supplies and equipment providers Essential infrastructure, including: utilities including power generation...

New York State’s COVID-19 sick leave law has been in effect since March 18, 2020 (see our prior posts here and here). Since then, several questions have remained largely unanswered for both New York employers and employees as they navigate the eligibility and application requirements of the new law, which offers individual job-protected paid or unpaid sick leave as well as expanded paid family and disability benefits for employees. Fortunately, the state has provided some additional guidance through its recently updated FAQ, including: Eligible employees may obtain the mandatory or precautionary order (and if applicable for their child) from their local health department (either in electronic or paper format). Alternatively, if the health department is unable to immediately provide the requisite order, then a licensed medical provider that has treated the employee (or employee’s child), may provide documentation attesting that the employee or employee’s child qualify f...

In light of the ongoing pandemic crisis, on April 6, 2020, Governor Andrew Cuomo announced that he is extending the “PAUSE” restrictions in New York State, which means that non-essential businesses will remain closed until at least April 29, 2020. Additionally, last week on April 3, 2020, Governor Cuomo signed the FY 2021 Executive Budget: Making Progress Happen .  Among the legislation enacted is a paid sick leave program for workers in New York State.  Under this new law, employees will be entitled to sick leave beyond the temporary leave currently provided for workers due to COVID-19. Beginning in 2021, employers will be required to provide sick leave to employees as follows: Employers with 4 or fewer employees and a net income of less than $1 million must provide up to 5 days of unpaid sick leave per year; Employers with 4 or fewer employees and a net income greater than $1 million and employers with 5-99 employees must provide up to 5 days of paid sick leave p...