Tag: New York City

NYC Pet Leave

Paid Pet Leave for NYC Employees?

On October 23, 2024, a new pet leave bill was introduced before the New York City Council. The bill proposes to amend NYC’s Earned Safe and Sick Time Act (ESSTA) to allow employees to use paid sick time for the care of pets. Below is a summary of the proposal and insights on what employers should consider as this legislation progresses.

Key Provisions of the Pet Leave Bill

The proposed law, introduced by Council Members Shaun Abreu and Tiffany Cabán, expands the existing NYC sick leave to include absences related to the care of “covered animals.” Here are the essential elements:

  1. “Covered Animals” includes any animal primarily kept for companionship in compliance with local laws and service animals. This ensures a broad application, covering both household pets and certified service animals.
  2. Types of Permitted Leave: Under the new law, employees could use sick leave for:
    • Medical diagnosis, care, or treatment of an animal’s physical illness, injury, or health condition.
    • Preventive medical care for the pet.
  3. Existing Sick Leave Entitlement Remains Unchanged: The law does not increase the amount of sick leave available to employees. Instead, it adds pet care to the list of permitted uses for existing sick leave hours.
  4. Effective Date: Should the bill pass, it will take effect 120 days post-enactment, giving employers some time to adjust policies accordingly.

Implications for Employers

Policy Adjustments: Employers may need to revise their sick leave policies to explicitly include pet care as a covered absence.

Employee Documentation and Requests: As with other types of sick leave, it may be necessary to establish guidelines for requesting pet leave to prevent misuse. Unfortunately, employers don’t currently have much latitude in questioning sick leave requests.

Potential Operational Impacts: New York City has a high rate of pet ownership. Thus, the potential increase in short-term absences is worth consideration, especially for roles that require continuous coverage.

Supporting Employee Well-being: This initiative reflects a growing focus on mental health and well-being in the workplace. For employees, being able to care for their pets without the fear of losing pay or facing disciplinary action could enhance morale and reduce anxiety, particularly for those who rely on their pets for companionship. Employers should look for ways to benefit from the law. Some employers already allow pet care leave voluntarily.

Potential Pet Leave Implications Beyond New York City

The proposed pet leave bill specifically amends New York City’s ESSTA. IT would not directly apply to employees outside the City. However, New York State also has a statewide paid sick leave law modeled after NYC’s ESSTA. So, this proposal could prompt consideration of similar measures at the state level. If the pet leave bill gains support and proves effective in NYC, it may set a precedent that encourages the New York State Legislature to consider a statewide extension.

Employers across the state (and country?) should monitor this proposal as its implementation in NYC might foreshadow future legislative developments. In particular, those with locations in both New York City and elsewhere should evaluate how this potential change aligns with their broader leave policies.

Next Steps for Employers

The pet leave bill is still under consideration. However, employers should proactively evaluate their current leave policies and consider how they might integrate this potential change. By staying informed and prepared, businesses can ensure they remain compliant while demonstrating that they support their employees’ diverse needs.

As this bill advances through the New York City Council, stay updated and consult legal professionals if you need further guidance. This proposed change could set a precedent for future legislation that might even expand to other aspects of employee pet ownership.

Stay tuned for updates on the passage of this law and potential best practices for implementation!

 

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NYC Height & Weight Discrimination

NYC Prohibits Height & Weight Discrimination

As of November 22, 2023, the New York City Human Rights Law (NYCHRL) now includes height and weight as protected characteristics. This legislation is poised to influence similar height and weight discrimination initiatives elsewhere. Accordingly, employers throughout New York State and beyond should take notice.

Height & Weight Protected

On May 26, 2023, Mayor Eric Adams signed NYCHRL amendments that prohibit discrimination based on height and weight in employment, housing, and public accommodations.

Thus, height and weight discrimination are now prohibited in NYC, similar to the existing protections based on race, sex, and marital status (among others). Accordingly, workplace harassment based on height and weight is also unlawful.

Exemptions & Defenses

While the primary aim is to protect individuals from unfair treatment, the law acknowledges situations where height and weight requirements may be necessary.

Height or weight standards may be applied where:

  1. required by federal, state, or local law; or
  2. permitted by regulations of the Commission on Human Rights identifying specific jobs for which
    • the person’s height or weight could prevent performing essential requisites of the job requirements, with no viable alternative action that would allow the person to perform the job; or
    • consideration of height or weight criteria is reasonably necessary for the normal operations of the business.

If not expressly excepted by law or regulation, employers may also assert an affirmative defense based on either of the bulleted circumstances above. But then it is their burden to prove those elements.

Furthermore, the law clarifies that it does not prohibit employers from offering employee incentives through voluntary wellness programs that support weight management.

Implications for Employers

Employers in New York City should take proactive steps to ensure compliance with this new law, including:

  1. Reviewing Hiring Practices: Remove any references to height and weight in job descriptions unless they are demonstrably justified by business necessity.
  2. Updating Policies: Handbooks, training materials, and other policies should now include height and weight as protected categories.
  3. Sector-Specific Considerations: In industries like hospitality and retail, where customer-facing roles are common, it’s crucial to align policies with these new protections against height and weight discrimination. Notably, customer preferences are not a valid defense against height and weight discrimination claims.

Businesses in other parts of New York should also take note of this development. It has become increasingly common for the State Legislature to follow NYC’s lead in enhancing workplace protections. Indeed, a proposed bill on height and weight discrimination is pending in Albany. It would not be surprising if that became law as early as 2024.

 

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New York Pay Disclosure Law

New York City Pay Disclosure Law Finalized

With recent amendments, the anticipated New York City pay disclosure law will take effect on November 1, 2022. Covered employers advertising for positions that could be performed in New York City must identify the minimum and maximum salary or wage for each job.

Covered Employers

The New York City pay disclosure law will apply to employers with at least 4 employees as long as one of them works in NYC. Anyone employing one or more domestic workers in the city is also covered.

Covered Job Postings

The law applies to all jobs, including promotions and transfers, that could be performed “at least in part” in New York City. Covered positions may be working either in a facility operated by the employer or remotely, such as in the employee’s home. Even positions with a combination of work locations would be subject to the New York pay disclosure law if part of the job could be performed in New York City.

Covered job advertisements include “any written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants.”

However, the law does not require employers to advertise or post for available positions. It only requires that if an employer chooses to post an opening, they must include the compensation range.

Required Pay Disclosure

Covered job advertisements must state both a minimum and maximum annual salary or hourly wage for the available position(s). By law, “the range may extend from the lowest to the highest annual salary or hourly wage the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.”

Though there is little guidance so far on what will qualify as a “good faith” pay range, the New York Commission on Human Rights emphasizes that the range cannot be open-ended. For example, only stating a minimum hourly rate or a maximum salary would be insufficient.

Though unsaid, presumably the New York City pay disclosure range refers to the starting compensation level.

This law does not require employers to advertise any additional information about compensation or benefits such as overtime rates, insurance benefits, or bonus eligibility.

Penalties

A violation of the New York City pay disclosure law will constitute employment discrimination under the New York City Human Rights Law.

Any applicant or employee who feels aggrieved by an alleged violation of the New York pay disclosure law will be able to file a complaint with the New York City Commission on Human Rights. Potential remedies include awarding lost wages and emotional distress damages, among other available relief.

The law contains partial limits on liability, but it is not clear that they will do much to protect employers.

Only current employers may commence a civil lawsuit for a violation of the New York City pay disclosure law. But, again, a much broader scope of individuals have the attractive option of going through an administrative proceeding with the NYC Commission on Human Rights.

The law also provides for no monetary civil penalty for a first violation if the employer cures it within 30 days. However, this does not preclude an aggrieved individual from pursuing and potentially receiving damages in an administrative proceeding. And the NYC Commission on Human Rights may impose penalties of up to $250,000 for uncured or subsequent violations.

Next Steps for NYC Employers

If you have an employee working in New York City, you may need to include a wage or salary range in job postings beginning November 1, 2022. Do you have 4 total employees? Or at least one domestic worker in New York? Could the job you’re hiring for be performed in NYC–even if that’s not the most likely or preferred location?

NYC employers may have the option of not advertising for positions for which they don’t want to disclose a pay range. But if you do post, you will need to decide what a “good faith” wage or salary range is for each position advertised.

 

Could pay disclosure requirements be coming throughout New York State? Follow Horton Law on LinkedIn for our latest updates.