MODERN HR. Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current or former employee because the applicant or current or former employee filed a complaint with the New York State Department of Labor alleging a violation of the law. New employment laws to watch in 2020. As of December 31, 2019, the salary threshold is increasing significantly, as referenced in our prior advisories (here and here). Blog MktoForms2.loadForm("//app-abd.marketo.com", "963-ZNS-159", 2062); Find out the benefits of Human Capital Management (HCM) for your organization, and how to get started. of Labor FAQs. 42 U.S.C. Employers need to stay on top of these changes to ensure they are compliant and aren’t subjected to penalties and fines. Child Labor Laws. Whether you’re an HR professional in Brooklyn or in Buffalo, we’ve put together everything you need to know about practicing HR in New York. As of December 31, 2019, the minimum wage for most employers in New York state shall be: As of December 31, 2019, the minimum wage for employees of “fast food establishments” working for a chain with 30 or more establishments shall be: We discuss New York fast food minimum wage laws in greater detail here and here. A previous analysis on this legislation can be found here. For information on how this will impact agricultural businesses and farm laborers, please visit www.labor.ny.gov/FarmLabor or call 833-NY-FARMS. However, if an employer does provide short breaks (less than 20 minutes) to employees, these breaks must be paid according to NY labor laws about breaks and federal labor laws. November 04, 2020 - December 16, 2020 Virtual Top pension plan and market leaders discuss alternative investment strategies being researched and evaluated for the year ahead. Some exceptions include law enforcement, positions involved with supervising children or medical patients, jobs requiring a commercial driver’s license, and federal or state contractor positions. All businesses with employees in New York are required by state & federal employment laws to post Labor Law Posters in a visible location. Recent Laws. New York Labor Laws 2020 Everything to know about the state's HR, payroll, and benefits rules. We emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. NYS Pay Rate. States and municipalities across the country ring in the new year by implementing new laws that employers must be aware of—and 2020 is no different. As this is a relatively new law, employers must be aware of it going in to 2020. This law applies only to testing done before employment begins. NYS Labor Laws. On September 30, 2020, many New York employees will begin accruing leave under New York state’s new paid sick leave law. Other key points of the new law include: Moreover, employers must display in a conspicuous location a copy of the STLL and a poster in English, Spanish and any other language deemed appropriate by the County (this posting has yet to be published). The minimum wage in New York is dependent on the number of employees an employer has and the location where those employees are employed to work. Mass Layoffs (WARN) Meals and Breaks. The New York State Sick Leave (NYSSL) law goes into effect September 30, 2020, but employees are not entitled to use NYSSL until January 1, 2021. The New York City Commission on Human Rights, the agency charged with enforcement of the NYCHRL, has the authority to impose up to $250,000 in sanctions for intentional violations of the law. ©1996-2020 Davis Wright Tremaine LLP. On September 30, 2020, many New York employees will begin accruing leave under New York state’s new paid sick leave law. New York employers should review their recruiting, interviewing, and hiring practices, as well as their promotion and internal transfer materials, to ensure compliance with the New York State and City bans on salary history inquiries. The only HR platform used by everyone, every day. Overtime. In 2020, the employee contribution is 0.27 percent of an employee's gross pay per pay period, not exceeding $196.72 per year. Under the STLL, starting on or before January 28, 2020, all employers must provide employees a copy of the STLL (here) and a written notice of the law (here). Effective January 11, 2020, the City law will apply to independent contractors. The Comptroller’s Office does not enforce these laws or agreements. Minimum Wage. Admin. Because New York’s salary threshold is greater than the federal FLSA threshold, New York employers must comply with the state threshold for administrative and executive exemptions. This poster describes new laws that mandate paid leave for employees affected by the COVID-19 / Coronavirus epidemic. ... 2020. We highlighted this legislation in our previous client alerts (available here and here). Every new year brings new employment laws, and 2020 is no different. JANUARY 9, 2020. The Paid Sick Leave law will take effect 180 days after its signing, on September 30, 2020, although employees may not begin to use accrued sick leave until January 1, 2021. Lost Wages Assistance (LWA): New York State has been approved for the $300 Lost Wages Assistance (LWA) program, representing the benefit weeks ending August 2, 9, 16, 23, and 30 and September 6.Per federal regulations, your unemployment must be related to COVID-19 to be eligible for LWA benefits. Code § 20-911 et seq., require certain employers to provide certain benefits to their employees. Please see Families First Coronavirus Response Act: Questions and Answers for questions specific to the application of the Families First Coronavirus Response Act and paid leave.. A new law that states that New York employers must grant leave for domestic violence victims took effect on November 18, 2019. Employers in New York must adhere to both federal and state overtime regulations defining how much overtime must be paid, and which employees are entitled to overtime pay. Other key points of the new law include: § 18001 et seq., and the New York City Paid Sick Leave Law, N.Y.C. OVERVIEW. This change is effective January 1, 2020 and reflects an increase from the current $23,660 annual salary (or $455 per week). All employers have to do is collect the payroll contributions, meet state requirements, and handle employee requests. The Law Department contracted with American Legal Publishing Corporation for a site where you can browse and search the New York City Charter, the New York City Administrative Code, and the Rules of the City of New York. Employers can provide shorter meal periods by application and approval from the New York State Commissioner of the Department of Labor. Minimum Wage for Tipped Employees. Apart from biyearly minimum wage increases, employment laws and required postings do update throughout the year. Read all the details about the legislation, including exemptions, notice requirement, and use of leave. Federal Overtime Rule Effective January 1, 2020, a final overtime rule from the US Department of Labor (DOL) will increase the minimum salary from $455 per week (or $23,660 per year) to $684 per week (or $35,568 per year). In order to understand NYS Labor Laws, you first must know what they are. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws. Thus, employers may still prohibit cannabis use at work, conduct reasonable suspicion testing of current employees and testing that arises out of an accident involving a current employee, and discipline employees for working while impaired. CPC tracks proposed laws and regulations all year long so that you can be prepared for new laws that may affect your workplace and posting obligations. Minimum Wage. Get All-In-One Poster Now New York City amended its Human Rights Law (NYCHRL) to prohibit inquiries into applicants’ salary histories during the hiring process. Complete Guide to Human Capital Management, Here’s What Happens When You Hire Your 50th Employee, How to Support Employee Mental Health During the Holidays in 2020, Employee Skills in the Post-pandemic Workplace, This is the Number One Item on Your Employees’ Holiday Wish List, What to Do When an Employee is Diagnosed with COVID-19, $885.00/week (increased from $832.00/week). $885.00/week (increased from $832.00/week). The Law Department contracted with American Legal Publishing Corporation for a site where you can browse and search the New York City Charter, the New York City Administrative Code, and the Rules of the City of New York. See FLSA: Overtime for more information regarding overtime requirements. New York Labor Laws 2020 Everything to know about the state's HR, payroll, and benefits rules. The Fair Labor Standards Act (FLSA) is a federal labor law out of which all the other state and city laws branch out. Employers in New York must adhere to both federal and state overtime regulations defining how much overtime must be paid, and which employees are entitled to overtime pay. However, employers in New York City are reminded of their obligation under NYC law to engage in a cooperative dialogue with disabled individuals who may be in need of reasonable accommodation, which may include certified users of medical cannabis. OVERVIEW. Disability Discrimination (ADA) Discrimination Laws. MktoForms2.loadForm("//app-abd.marketo.com", "963-ZNS-159", 2053); The Weekly Business Payroll and HR Digest delivered to your inbox! Business HR Services Overtime. We discussed that development in a pair of previous client alerts (available here and here). Insperity. Misclassification. For example, only one employee may be on duty and may agree to remain on duty while taking his lunch. Disability Discrimination (ADA) Discrimination Laws. Starting on or before January 28, 2020, all employers with workers in this county must provide a copy of the Safe Time Leave Law (STLL) and a written notice of the law. Check to see if you’re still in compliance for 2020 here.When renewing your labor law posters, also consider adding our popular Poster Replacement Service: For 12 months, all new national, state, city, and county updates will be covered and automatically shipped to you for posting. Effective September 30, 2020, employers must: provide domestic workers with 40 hours of paid safe and sick leave; Victims took effect on January 6, 2020 went into effect in the new,. The law here, and benefits rules amended its Human Rights law ( NYCHRL to. 2020 is quickly approaching and federal, local and state governments have been busy establishing Labor. To pay an employee for the time spent serving on a jury into applicants ’ salary histories during the process... 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