As we enter the spring of 2019, employers should review their employee handbook and personnel policies to ensure that they are in compliance with several new laws and amendments which have recently (or will soon) take effect in New York and New York City.

On April 1, 2019, New York State passed an amendment to Election Law § 3-110 eliminating the part of the law that limited time off to employees who did not have sufficient time to vote outside of working hours, and increasing the amount of time off employers must provide employees to vote. Effective immediately, employers must provide all New York employees who are registered voters with up to three hours’ paid time off at the beginning or end of working hours to vote in any election.  Any registered voter seeking time off to vote must notify his or her employer at least two working days before the election.  New York employers must also post notice of this provision in their workplace at least ten work days before any election through the end of voting.

New York City employers will also want to ensure compliance with Local Law 185 and Local Law 186, which went into effect on March 18, 2019, and requires that employers provide employees with lactation accommodations, including a lactation room where employees can pump/express breast milk, and reasonable time to do so.  Employers are required to have a written lactation policy that informs employees about the existence of a lactation room, the process for making lactation-related accommodation requests, and that meets certain requirements under the law.  The New York City Commission on Human Rights recently issued model lactation policies and a model lactation accommodation request form to be used by employees.


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Join us for our annual spring seminar for public sector clients and friends, when we will address issues facing school districts, municipalities and other government agencies. The program begins with a plenary session covering a timely topic, followed by a choice of two breakout sessions allowing for issue discussion in a small setting.

When:

Medical marijuana is once more in the news after a man was denied a position as a firefighter in Bridgeport allegedly due to his status as a medical marijuana user. The plaintiff in Bulerin v. Bridgeport, Superior Court, Judicial District of Bridgeport, Docket No. FBT-CV-19-6083042-S, alleges that the City violated Connecticut’s Palliative use of

When Chastity Jones, a black woman from Alabama, lost a job offer because she refused to cut her natural locs, she turned to the federal courts. The company told Ms. Jones that her natural hairstyle violated the company’s grooming policy because locs “tend to get messy.” In response, Jones sought the assistance of the Equal Employment Opportunity Commission (the “EEOC”) which brought a Title VII claim against the company
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For years now, the Connecticut Department of Revenue Services (DRS), the Connecticut Department of Labor (DOL) and the Internal Revenue Service (IRS) have been targeting Connecticut employers for worker misclassification audits. When a misclassification is discovered, these government entities can share information about employers who have misclassified employees as independent contractors. Thus, when one of these government entities finds a misclassification during an audit, audits from the other governmental entities are likely to arise.
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Last week, New York’s Governor Cuomo signed into law the Gender Expression Non-Discrimination Act (GENDA).  The new law, which had languished in the New York legislature for nearly 16 years, will go into effect in 30 days.  GENDA makes it illegal to discriminate against an individual on the basis of their gender identity or gender

The IRS recently released two notices to provide guidance for tax-exempt organizations about how to comply with the new provision that they treat employer-provided parking and qualified transportation fringe benefits as unrelated business taxable income (“UBTI”).

This unprecedented treatment of expenses as income created substantial uncertainty about how to calculate the UBTI from the parking

As a reminder to Connecticut employers, legislation amending Connecticut’s Pay Equity law that was signed by Governor Malloy this past May becomes effective on January 1, 2019. The new amendment to the Pay Equity law prohibits employers from inquiring about a prospective employee’s wage and salary history unless otherwise required to do so by state

This complimentary CLE webinar will offer a review of legal best practices for employers, in situations where mental health issues may be present in their workplaces. Presenters will discuss when, and how, to engage in interactive dialogues with employees, to determine if a qualifying disability exists and whether reasonable accommodations are available, and how to