What does this mean for employers? First, employers should note that they were already prohibited from engaging in any type of race-based discrimination. This new amendment, which took immediate effect when signed into law, only codifies the connection between race and certain hairstyles that were common targets for discrimination. Second, this new law does not prohibit employers from having a grooming or appearance policy in place. However, in accordance with the new amen
Employers must ensure when creating an internship program without providing compensation that they comply with local, state and federal laws governing whether participants of their unpaid internship programs are interns or employees. Here’s how you may determine if your business’ unpaid internship program is legal. As of January 2018, the U.S. Department of Labor (DOL) announced its switch from the old six factor test to the new primary beneficiary test to determine if an int
This decision follows the United States District Court for the District of Columbia’s prior ruling in March 2019 in National Women’s Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.) to restore the Obama administration’s efforts to eliminate race- and gender- based pay gaps by implementing the EEOC’s data collection. In 2017, the Trump administration rolled back the pay data requirement due to the burden that the pay data pa
If this drug-screening bill is signed into law by Mayor Bill De Blasio, drug testing job applicants for marijuana as a condition of employment would become an unlawful discriminatory practice, and New York City would join Washington D.C., which also bars employers from testing for marijuana before a job offer is extended. It should be noted that this bill appears to prohibit drug testing for marijuana at any point before an applicant is hired. Employers should note that cert
New York’s previous law on voting leave provided that if an employee had four consecutive hours either between the opening of the polls and the beginning of their working schedule, or between the end of their working schedule and the closing of the polls, they shall be deemed to have sufficient time outside of their working hours within which to vote and they did not require paid time off from work to vote. If an employee’s work schedule did not permit them to have this four
Prior to this decision, the NY DOL had not issued a permanent regulation on the 13-hour rule. The NY DOL issued an emergency regulation in October 2017 which provided that sleep-in home health aides who work a 24 hour shift in accordance with federal Fair Labor Standards Act regulations are not required to be compensated for sleep times and meal periods. The emergency regulation was in effect for 90 days, and the emergency regulation was renewed three times. The NY DOL hel
The New York State Budget provides that the minimum wage rates and overtime salary thresholds will increase under a phased-in schedule based on the employer’s location in the state. Unlike most other states, New York has one of the most complicated minimum wage rate structures. Not only does New York set a minimum wage rate, but the state minimum wage law also sets forth specific wage requirements in industries such as building services, fast food and resort services. New
Shhhh, do you hear that? That is the sound of unhappy, disengaged employees – it can be silent but deadly or loud and disruptive. Some employees let you know why they are dissatisfied and some just quit without telling you why they left. Employees who remain at your organization but are unhappy are often disengaged and disruptive. This can translate into loss of production, theft, safety issues, poor customer interaction, absenteeism, loss of profits and negative morale.