News and Articles

Legal Update - March 2019 Newsletter

Yogi Patel - Friday, March 08, 2019

Dear valued clients and supporters: This month's newsletter will focus on 1) new guidance issued on discrimination based on hairstyle in NYC; 2) possible legislation in NYC impacting fast food employers and employees; and 3) immigration status and employment law.

Hairstyle Discrimination Banned in NYC
In February 2019, the New York City Commission on Human Rights issued groundbreaking legal guidance advising that employers who have restrictive hairstyle policies are likely violating New York City Human Rights Law's protections against discrimination in the workplace. In conjunction with presenting extensive background information and context, the Commission explained that hairstyle restrictions had a disproportionate impact on non-white ethnic groups who are often required to go so far as to manipulate the natural condition of their hair to be in compliance with work place policies. Extensive guidance is now available on the Commission's website and employers are advised to amend any existing policies accordingly.

 

Possible protections from termination for fast-food employees
New York City Council introduced a new bill in February which, if passed, will prohibit a fast food employer from laying off an employee without a bona fide economic reason. The legislation defines a “bona fide economic reason” as the full or partial closing of operations or technological or organizational changes to the business resulting in the reduction in the volume of production, sales, or profit. If an employer has a “bona fide economic reason” for a layoff, the layoff must be conducted on a “last in, first out” basis — in reverse order of seniority according to the length of service of employees in the establishment where the termination is to occur. Employees senior in length of service must be retained the longest and reinstated first. The bill specifies how to compute the length of service and accounts for military service, illness, and other absences. This proposed bill will significantly change the "at-will" doctrine, which currently governs the employer-employee relationship in the fast-food industry. We will continue tracking this bill and provide additional details and guidance as it makes its way through the legislative process.

 

Immigration Status and Employment Law
Many employees who work in the US on a variety of visas often have questions about the impact their immigration status may have on their rights as employees. To address some of these issues, we co-authored an article with our colleague Steve Maggi, Esq (an immigration attorney). We encourage our readers, especially those who are working in the US on a visa or employers who frequently hire foreign workers, to read this article which is now available on our website.

Readers are encouraged to follow us on Twitter (@lloydpatelllp) and Facebook to receive updates on these and other issues throughout the month.

 



Recent Posts


Tags

Fair Workweek Law Nanny Audit Attracting Investment Credit Checks Fair Work Week Legislation Interview Series Federal Acquisition Regulatory Council Hairstyle Discrimination Health Care NYC Sexual harrassment law New York City Human Rights Law ACA Interns as Employees Executive Severance entrepreneur Fair Pay and Safe Workplace Executive Order Alter-Ego Doctrine National Labor Relations Board graduate students employment discrimination lawsuits Affordable Care Act Transgender protections Divorce Interns NYC Salary History Law Federal Overtime Law Employee Salary Histories Trade Secrets Browning-Ferris Case Fair Play to Pay Act Negotiating Immigration Status NLRB NYC Human Right's Law's Plastic Bag Ban Paid Family Leave National Labor Relations Act Joint-Employer Relationship Federal Contractors Marijuana Testing Wage Theft Protection Act Overtime Rules Privacy Ban the Box Department of Labor Lactation Law EEOC Filing Requirement NQSO U.S. Department of Labor Minimum wage Technology Real Estate Law Facebook Privacy and Litigation Pregnancy Mandatory Class Action Waivers Internet Law Nobel Prize Housing Law Newsletter Employment Contracts marijuana usage Credit Unionization Prenup commuter benefits Postnup Westchester County implementing new leave laws Independent Contractor Apple vs. FBI Fair Labor Standards Act Non-Qualified Stock Options Right to Unionize Overtime Exemptions Arbitration Agreements Landlord-Tenant Law Worker's Rights Selling Business Corporate Law Start-up Ventures I-9 Verification Security Human Rights Law Web Domains NY payroll law LinkedIn Criminal Record Domain Name Executive Negotiation Credit History drug testing Salary History Inquiries stocks Public-Sector Union Fees Payroll Scams federal Department of Labor Trademark licensing Unions Wage and Hour Law workplace discrimination Fair Labor Standards Act (FLSA) Tax-Deferred Savings New York Earned Sick Time Act Sexual Harassment policy Workplace Requirements Business Law Employment Offer/Agreement Household Employees Employer Mandate $15 Minimum Wage Sexual Harassment and Discrimination In The Workplace Glatt v. Fox Searchlight Pictures, Inc. Business Employment Law Intellectual Property Glatt v. Fox Searchlight Pictures AirBnB Fair Chance Act Sexual Harassment #meToo Westchester Safe and Sick Time Laws Trademark Law Firm Announcements Illegal rentals Womens Rights New Address Trade Secrets Act Freelance Isn't Free sexual harassment training

Archive

EDIT - blog-container - This controls the styles for the headings

EDIT - BlogTagCloud - Font style

description

  • EDIT  - post-body - Font style

EDIT - side-panel - This is the colour of the sidebar headings

Snap | BC Module - Blog - Blog Description

Snap | BC Module - Blog - Blog Title

EDIT - Snap | BC Module - Blog - Date - This is the date box style

EDIT - Snap | BC Module - Blog - Post Content - Font style

EDIT - Snap | BC Module - Blog - Post Title - Heading style

EDIT  - Snap | BC Module - Blog - Sidebar Content - Font style

EDIT - Snap | BC Module - Blog - Sidebar Title - Heading style

latest blog title snap text

 

Disclaimer: Nothing on this website is or should be construed as legal advice.
An attorney-client relationship does not exist with our firm unless a signed
retainer agreement is executed, and we do not offer legal advice through
this site or any of the content located on it. For legal advice for your
particular circumstances, please contact us directly.