Compliance Corner

New York State and New York City Anti-Harassment Laws

Monday, September 24, 2018
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New York
Earlier this year, New York State passed significant laws combating sexual harassment in the workplace. The State of New York (the “State”) has now issued draft guidance for employers on the mandatory sexual harassment prevention policies and annual employee training required by the legislation. The State’s guidance is not yet finalized and additional FAQs or guidance may be released. New York City (the “City”) also passed the “Stop Sexual Harassment in NYC Act” in the spring of 2018, which strengthened the City’s laws against harassment in the workplace. The new State and City laws differ, and employers in New York City must comply with both the new State and new City laws.

Reminder: New York City Fair Chance Act Prohibits Ads Which Limit Employment Based on Criminal History

Thursday, August 30, 2018
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New York
As a reminder, the New York City Fair Chance Act (“FCA”) specifically prohibits solicitation, advertisement or publication for employment that states any limitation or specification regarding criminal history, even if no adverse action follows. The FCA makes it an unlawful discriminatory practice for most employers, labor organizations and employment agencies to inquire about or consider the criminal history of job applicants until after extending conditional offers of employment. If an employer wishes to withdraw its offer, it must give the applicant a copy of its inquiry into and analysis of the applicant’s conviction history, along with at least three business days to respond. 

New York City Commission on Human Rights Publishes Anti-Sexual Harassment Poster and Information Sheet

Thursday, August 30, 2018
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New York
The "Stop Sexual Harassment in NYC Act" requires that all employers in New York City post an anti-sexual harassment rights and responsibilities poster. Employers must also provide an information sheet on sexual harassment to each employee at the time of hire or include the information in their employee handbook. The poster and information sheet have now been created by the New York City Commission on Human Rights and are available on its website.

New York City DCA Issues Guidance on Temporary Schedule Change Amendments to Fair Workweek Law

Thursday, August 30, 2018
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New York
The New York City Department of Consumer Affairs (DCA) Office of Labor Policy & Standards has released a mandatory posting, Frequently Asked Questions, and an overview for employers and workers called “What Employers/Workers Need to Know” as guidance on the temporary schedule change provisions of the New York City Fair Workweek Law. The temporary schedule change provisions require most New York City employers to grant employees two temporary changes to their work schedules each calendar year for certain “personal events.”

New Jersey Mandates Drug Testing of Direct Support Staff

Thursday, August 30, 2018
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New Jersey
All applicants and employees working in any New Jersey Department of Human Services (“DHS”) funded, licensed or regulated program serving adults with developmental disabilities are subject to mandatory drug testing. 
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