New York News & Analysis

  • New York passes expanded pay equality protections

    Coinciding with the U.S. Women's National Soccer Team's FIFA World Cup win—which spotlighted the issue of pay inequality—Governor Andrew Cuomo signed two new bills on July 10, 2019, which were intended to promote equal pay. Employers should understand how the new laws will affect their hiring and compensation programs and the new exposures created.

  • Race discrimination in New York: a hairy situation

    On July 12, Governor Andrew Cuomo signed amendments to the New York State Human Rights Law (NYSHRL) to expand a prohibition against race discrimination based on hairstyles or hair traits. Read on to understand the new legislation and how your company will be affected.

  • Federal court questions state's ban on arbitrating sexual harassment claims

    Employers generally favor arbitration of discrimination claims because the claim remains out of the public record and they avoid the risk of a "runaway" jury verdict. In the wake of the #MeToo movement, New York law was amended to prohibit agreements requiring the mandatory arbitration of sexual harassment claims. Since then, the New York State Legislature passed a bill to further amend state law and prohibit the mandatory arbitration of all other discrimination claims. A recent federal district court decision held, however, that such a prohibition in the private sector may not be enforceable.

  • Individual coverage HRAs probably not option for 2020

    On his very first day in office, President Donald Trump issued an Executive Order instructing federal agencies to lessen the Affordable Care Act's (ACA) burden on the organizations and individuals who were subject to its requirements. More than two years later, the ACA is limping along, but the Trump administration is still working to carry out that order.

  • How to identify and minimize employee burnout

    You may have seen reports recently that the World Health Organization (WHO) has classified employee burnout as a diagnosable medical condition. While that's not exactly accurate, the group has expanded its definition of the term in its latest edition of the International Classification of Diseases.

  • Agency Action

    DOL takes more steps to advance apprenticeships. The U.S. Department of Labor (DOL) has announced a Notice of Proposed Rulemaking (NPRM) along with monetary awards in its continuing effort to expand apprenticeships. In the announcement, the DOL said the NPRM would establish a process for the agency to advance the development of high-quality, industry-recognized apprenticeship programs (IRAPs). A 2017 Executive Order created the Task Force on Apprenticeship Expansion, which developed recommendations on how to best expand the apprenticeship model. The new NPRM reflects key recommendations from the task force. The DOL also announced awards totaling $183.8 million to support the development and expansion of apprenticeships for educational institutions partnering with companies that provide a funding match component. The agency also will make available an additional $100 million for efforts to expand apprenticeships and close the skills gap.

  • Workplace Trends

    Tight labor market tops HR concerns, survey says. Attracting talent has surpassed regulatory compliance as the top HR concern, according to the 2019 Paychex Pulse of HR Survey, released on June 24. More than two-thirds of HR leaders reported difficulty finding and hiring quality candidates, up from 59% last year. When asked specifically about challenges related to hiring, HR professionals most often cited finding qualified candidates (49%), retaining their best employees (49%), and finding candidates who fit their company culture (42%). The survey reported that as a result of those challenges, HR teams are increasingly willing to train job candidates who may not check all the boxes for required skills. The survey showed 85% of HR leaders would be willing to train and upskill an underqualified candidate, and 78% said their organizations have already benefited from upskilling underqualified workers.

  • State lawmakers ratify dramatic proemployee changes to NYSHRL

    In late June, the New York Legislature passed substantial and far-reaching amendments to the New York State Human Rights Law (NYSHRL), the state statute that prohibits discrimination and discriminatory harassment. The amendments amplify laws that New York state enacted in 2018 to combat sexual harassment. Governor Andrew Cuomo has announced he will sign the new proemployee provisions into law soon. Here are important facts about the amendments that employers should be aware of.

  • Fox toggles around disabled employee's joystick restriction

    The Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL) require employers to engage in a good-faith interactive dialogue with employees who request reasonable accommodations. In a recent case, a television network was found to have discharged its duty to engage in the interactive process with an employee who couldn't use a control room joystick.

  • The value of accurate time records can't be overestimated

    Although an employee is required to show he wasn't properly compensated for all of his hours worked, that burden is quite low. The employer can rebut the employee's evidence by pointing to its accurate timekeeping and payroll records. Unfortunately, the lack of proper documentation can be very costly for employers. A recent case shows the value of good record keeping in avoiding a bad outcome.