Tag: voting leave

December 21, 2020

Top Posts of 2020

As 2020 (finally?) comes to an end, we again look at the most viewed New York Management Law Blog posts from this year. Did you miss any of the top posts of 2020?

These posts reflect some topics that most interested New York employers in 2020. Do they also suggest what will be top of mind in 2021?

Curious about last year? Click to see what posts made the list in 2019.

Coronavirus

We never saw this coming, but most of 2020 was spent addressing issues related to the COVID-19 pandemic. This generated numerous posts on closing and reopening requirements specific to various industries. But the most viewed were those that applied across the board.

Both the federal government and New York State implemented COVID-19 related leave laws in March. We discussed them here:

Congress: Some Employers Must Give Paid COVID-19 Leave

New York State Creates COVID-19 Quarantine Leave for Employees

Once non-essential businesses were able to reopen in New York, they had to have a COVID-19 safety plan. This requirement remains in place as of year-end. Here’s our popular Closer Look at the COVID-19 New York Safety Plan Template.

2021 New York Minimum Wage

Our annual post reminding employers of increases to both minimum wage and the salary threshold for overtime exemptions under state law remained a must-read.

Remember, these changes take effect on December 31, 2020, not January 1st. If you haven’t adjusted accordingly yet, now’s the time!

Some required pay levels will continue to rise in the coming years. This post includes charts showing those planned increases.

New York Paid Sick Leave

Perhaps spurred by the coronavirus pandemic, New York passed a universal sick leave law affecting all private-sector workplaces in the state. The law grants all non-government employees sick leave starting January 1, 2021. Many will be eligible to receive paid leave of up to 40 or 56 hours based on company size.

This post provides the basics of the new leave obligations.

The New York State Department of Labor provided initial guidance on the law through FAQs, discussed here. The DOL recently proposed regulations that are subject to a 60-day comment period. We plan a follow-up post when the regulations become final.

We also presented a webinar for employers on the New York Paid Sick Leave law. You can watch the recording here:

Other New York Developments

Our readers were also interested in more targeted New York employment law changes.

In 2019, the State expanded its paid voting leave requirements. Apparently perceiving the shift as too burdensome on employers, the law was amended back in 2020.

The NYS DOL also took action to reduce and eventually eliminate tip credits toward minimum wage outside of the hospitality industry. The phaseout will be complete as of the end of 2020. Read more here.

How Far Will New York Go?

In the 2019 top posts article, I predicted that New York would continue to regulate the workplace more in 2020. I couldn’t have predicted the COVID-19 outbreak and related restrictions, but the paid sick leave law alone was a gamechanger.

Two items I mentioned a year ago that didn’t get enacted in 2020 may be back on the table sometime in 2021.

In 2019, the Legislature passed a bereavement leave bill that Governor Cuomo vetoed. The Legislature now has enough Democratic votes to override a veto if they want to,

And after previous close calls, might workplace bullying get over the hump next year?

Plus, New York City is eliminating at-will employment for fast-food workers. Could that development spread statewide? Beyond the fast-food industry?

Don’t Stop at the Top Posts of 2020!

I hope you find it helpful to look back at what happened last year, but you should also look forward. For some of the reasons stated above, and others, 2021 could be another big year in employment law. Please continue to follow the New York Management Law Blog for updates.

One great way to keep up with emerging topics in New York labor and employment law is to subscribe to our monthly email newsletter. If you want more frequent news and insights, be sure to follow us on LinkedIn!

See you in 2021!

September 28, 2020

New York Paid Voting Leave Law Amended (Again)

The 2020-2021 Financial Budget signed into law by Governor Andrew Cuomo on April 3, 2020, amended last year’s expanded New York Paid Voting Leave Law. The amendments essentially return the law to its pre-2019 form and will come as a relief to many employers.

New York Paid Voting Leave Allowance

In 2019, the Legislature required all New York employers to provide employees up to three hours to vote in any election.

The 2020 amendments return to the previous allowance of only two hours. Moreover, the paid leave is once again available only if the employee does not have 4 consecutive hours to vote outside of work hours.

These changes will dramatically reduce the number of employees eligible to take leave under the law.

Requesting Time Off To Vote

An employee who does not have 4 consecutive hours before or after work in which to vote may request up to 2 hours of paid time off on an election day. However, such employees must submit the request no less than 2 and no more than 10 days before the election.

Notice of Employee Rights

New York employers are still required to post a conspicuous notice containing the provisions of the paid voting leave law at least 10 days prior to any election. The notice should be in a location where all employees can easily view it. The notice must remain up until the polls close on Election Day.

Employers can most easily ensure compliance by leaving the notice posted at all times.

Click here for a copy of the law for posting.

Covered Elections

The paid voting leave law applies to all elections in New York where voters nominate or elect people to any federal, state, county, city, town, or village office. This includes primary elections, but does not include school board elections.

Update Your Policies and Postings

Employers should review and update any applicable company policies. You must also update your employee rights notices under the New York Paid Voting Leave Law, which now must contain the amended language.

Failing to provide an eligible employee with time off to vote or to compensate an employee for taking time off to vote is punishable as a criminal misdemeanor.

April 19, 2019

Spring 2019 Employment Law Update (Webinar Recap)

On April 18, 2019, I presented a complimentary webinar called “Spring 2019 Employment Law Update.” For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

EEO-1 Filing Status
Proposed FLSA Regulations
NY GENDA & Voting Leave
Other New York State & Local Laws

This is a broad update for all employers with employees in New York State. It addresses some things that have already changed, some pending regulatory proposals, and other possible future legal developments. One or more of the issues discussed would likely affect every employer in New York State. Some organizations may have to deal with every issue I covered in this webinar.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “Spring 2019 Employment Law Update”

There is something for every New York organization in this webinar. Whether you are a small business, large corporation, non-profit organization, or governmental entity, one or more of these developments will affect your employees. Be prepared for upcoming changes and review new laws that are already in place.

Here are just a few of the takeaways from this legal update webinar:

Employers with 100+ employees will probably have to report pay data on this year’s EEO-1 reports.
FLSA salary level for exemptions will likely go up later this year.
Many more New York employees are now eligible for paid leave from work to vote in public elections.
Paid sick leave and bans on inquiring about applicant salary history could be coming to your workplace.

These are just a few of the details we addressed in much more detail in this one-hour webinar. Watching the recording at your earliest convenience should pay dividends to your organization.

Don’t Miss Our Future Webinars!

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