New York City Human Rights Law’s Protections Extend Beyond the Big Apple

The New York City Human Rights Law (NYCHRL) provides employees with among the most expansive protections from workplace discrimination of any legislation in the country. In certain respects, the NYCHRL requires plaintiffs to satisfy lower standards to establish claims than do other anti-discrimination laws. The NYCHRL also recognizes more protected characteristics than many other laws and enables prevailing plaintiffs to recover extensive damages. These are among the reasons that employers should take note of a recent decision by the U.S. Court of Appeals for the First Circuit in Rinsky v. Cushman & Wakefield, Inc., 2019 WL 1091046 (1st Cir. Mar. 8, 2019), which illustrates the reach of the NYCHRL beyond the borders of New York City.

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New Jersey Expands Family Leave Law and Benefits

On February 19, 2019, New Jersey Governor Phil Murphy signed into law legislation that amends and significantly expands New Jersey’s Family Leave Act (NJFLA), Temporary Disability Benefits Law, and the Security and Financial Empowerment (NJ SAFE) Act. Some of the changes are effective immediately, while others will take effect at a later date. Below are some of the highlights from the recent amendment.

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Employee Handbooks – Part 1: Anti-Harassment Policies and Training in the #MeToo Era

Late last month, we previewed our upcoming series of blog posts discussing Employee Handbooks – What’s New and Why Does it Matter? If you happened to read that post, then you know we introduced the topics for parts one through six of our handbook series. We will now embark on part one of our journey to the land of employee handbooks. This journey will have several other stops along the way, but for now our topic is anti-harassment policies and training in the #MeToo era.

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Illinois Employers Beware: State Supreme Court Finds No Harm Required Under Biometric Law

Many employers have opted to use technology to their advantage by adopting biometric timekeeping systems or similar systems for workplace access. But adopting such technology is not without risk. Indeed, with data breaches on the rise, employees and consumers have become more vigilant about protecting their personal data and using state privacy laws and the like to do so. The Illinois Biometric Information Privacy Law is one such law that places restrictions on businesses that collect biometric information of individuals. That law defines biometric information as “any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier [i.e. ‘a retina, iris scan, fingerprint, voiceprint, or scan of hand or face geometry’] used to identify an individual.” 740 ILCS 14/10.

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New York City’s New Lactation Room Law

Federal law requires most employers to provide reasonable break time to employees who need to express breast milk during the workday and to provide a place free from intrusion (not a bathroom) where an employee can express milk, unless doing so presents an undue hardship. Many states and localities have adopted similar lactation laws, in some cases providing rights beyond those afforded under federal law. New York City law currently requires that employers with four or more employees provide reasonable break time to employees who need to express breast milk during the work day and to make reasonable efforts to provide a private room to do so.

Effective March 18, 2019, New York City employers will have to ensure that the room provided for expressing milk is in reasonable proximity to the employee’s work area, has a refrigerator for storing break milk, an electrical outlet, a chair, and a surface on which to place a breast pump and other personal items. The lactation room must also have nearby access to running water. And if the lactation room is not solely used for expressing milk, then when the room is being used by an employee to express milk the employer must provide notice to other employees that the room is given preference for use as a lactation room.

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Work It: What California Employers Should Know About New Laws for 2019

*Originally published by CalCPA in the January/February 2019 issue of California CPA — the original article can be found here.

As the #MeToo movement gained momentum to right the wrongs of sexual harassment alleged against Hollywood, business and politicians, so too has the California Legislature responded by declaring, in essence, #TimesUp.

Of the nearly 600 bills introduced in 2018 that mention “employer,” compared to 304 bills in 2017) 455 mentioned “sexual harassment,” (compared to 347 the prior year). While most of those bills did not pass, and of the ones that did, Gov. Brown did not sign several into law, many of the new laws will have significant impact on our state.

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