New York City is poised to ban employers from requiring prospective employees to undergo a drug test to detect for the presence of THC, the active ingredient in marijuana, as a condition of employment.
On April 9, 2019, the New York City Council approved a bill that would make New York City the first municipality to regulate pre-employment drug testing for marijuana, whether for medicinal or recreational purposes. The bill applies to both public and private employers operating in New York City. Although recreational marijuana is not yet legal in the State of New York (or in New York City), Governor Andrew Cuomo supports statewide legalization and this bill is viewed as an important step to achieve that goal.
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On March 4, 2019, the U.S. District Court for the District of Columbia issued an order lifting the stay on the EEO-1 pay data reporting requirements, leaving employers uncertain about their obligations.
As we previously discussed, for the last 50 years, large employers with 100 or more employees, and federal contractors with 50 or more employees, must submit annual Employer Information Reports (EEO-1) to the Equal Employment Opportunity Commission (EEOC), which identifies the number of employees working for the company by job category based on race, sex and ethnicity.
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As a reminder, the New York City Earned Safe and Sick Time Act (“Paid Safe/Sick Leave Law”) became effective on May 5, 2018. The Paid Safe/Sick Leave Law applies to all employers with five or more employees who work more than 80 hours a year in New York City and requires employers to provide up to 40 hours (5 days) of paid safe and sick leave. Employers with less than five employees must provide unpaid sick and safe leave. In order to notify employees about their rights under the Paid Safe/Sick Leave Law, New York City employers must distribute written notice to their employees on the first day of employment or by June 4, 2018. Employers can find the new Notice of Employee Rights on the New York City Department of Consumer Affairs (“DCA”) website, available here. The DCA also provides the new notice in Spanish, Chinese and 24 other languages.
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The New Jersey Legislature recently passed a bill amending the New Jersey Law Against Discrimination (“NJLAD”) to include breastfeeding as a protected category. The law took effect immediately after it was signed into law by former Governor Christie on January 8, 2018.
Breastfeeding Protections under the NJLAD
Under the amended law, upon request, employers must provide nursing mothers with reasonable breaks during the workday and a suitable private location (other than a toilet stall) close to the employee’s work area to express breast milk for her infant child as a reasonable accommodation, unless doing so would cause an undue hardship on the employer’s business operations. In determining whether an accommodation would impose an undue hardship, the following factors are to be considered:
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Just before the holiday break, Congress passed the Tax Cuts and Jobs Act (H.R. 1), which was signed into law by President Trump on December 22, 2017. Although the far-reaching implications of the new tax law won’t be fully realized for some time, there are several noteworthy provisions that will impact employers immediately.
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On September 15, 2017, the U.S. Department of Labor (“DOL”) announced the 2018 minimum wage rate for covered federal contractors and subcontractors, as required by Executive Order 13658.
Beginning January 1, 2018, the minimum wage for covered contractors will increase from $10.20 per hour to $10.35 per hour. The minimum cash wage for tipped employees performing work on or in connection with a covered federal contract will also increase from $6.80 per hour to $7.25 per hour, effective January 1, 2018. If the worker’s tips combined with the required cash wage of at least $7.25 per hour do not equal the minimum rate, then the contractor must increase the cash wage paid to a tipped employee to bring him or her up to $10.35 per hour.
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