News and Articles

Legal Update - June 2017

Yogi Patel - Thursday, June 08, 2017

Dear valued clients and supporters: This month's newsletter will focus on three significant updates to New York City Law: (1) the Fair Work Week legislation; (2) the Freelance Isn't Free Act; and (3) the ban on asking prospective employees about their salary histories. A more in-depth article on all three of these topics will be posted on our website next month.

Fair Work Week Legislation

At the end of last month, the New York City Counsel passed the comprehensive Fair Work Week legislation into law, which provides additional protections and rights to fast food and retail industry employees. The legislative package consists of five bills that aim to give low-wage fast food and retail workers greater predictability around their schedules and their weekly pay. For example, one of the laws requires fast-food employers to provide at least 2-weeks' notice to employees of any schedule changes and to compensate workers for any last-minute alterations. Additionally, employers must also provide good faith estimates of weekly hours to new employees and offer any shifts that open up to current employees before making any hires. Overall, the new legislation is keeping pace with other major cities, like Seattle and San Francisco, aiming to protect its more vulnerable workers. Employees and employers are advised to fully understand their rights and obligations before the new law goes into effect later this year.

Freelance Isn't Free

On May 15, 2015, the Freelance Ins't Free Act, which provides enhanced protections and rights for freelance workers, went into effect. Specifically, freelancers are now entitled to insist on working pursuant to a written contract, receive additional damages from clients who do not pay, and are better protected from being retaliated against for enforcing their rights. The law allows for freelancers to file a complaint with the Office of Labor Policy Standards or to file private suit against individuals and businesses who violate their rights. Overall, particularly by allowing freelancers to recover attorney's fees if they file in court, the new law creates meaningful remedies for freelancers who might not otherwise have had the resources to pursue claims on their own. Freelancers and businesses that engage freelancers are advised to fully understand their rights and obligations under this new law.

Employee Salary Histories

On May 4, 2017, a bill that prohibits New York City employers from asking prospective employees about their salary histories was signed into law. The law now makes it an unlawful discriminatory practice for an employer to ask about an applicant's prior pay during the hiring process or to consider the prospective employee's salary history at all in determining how much to compensate the employee. The law, titled Intro. 1253, provides for penalties of up to $250,000 against employers in the most malicious instances and for compensation to aggrieved individuals. The law is set to go into effect in October of this year. Employees and employers alike are advised to fully understand the legislation's requirements and impact prior to its effective date.


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


Trackback Link
http://www.lloydpatel.com/BlogRetrieve.aspx?BlogID=13375&PostID=976639&A=Trackback
Trackbacks
Post has no trackbacks.

Recent Posts


Tags

Web Domains Credit History Interview Series Minimum wage Household Employees graduate students NQSO Overtime Rules Interns Human Rights Law Employee Salary Histories Glatt v. Fox Searchlight Pictures, Inc. Divorce Department of Labor LinkedIn AirBnB Public-Sector Union Fees Freelance Isn't Free workplace discrimination Glatt v. Fox Searchlight Pictures Alter-Ego Doctrine commuter benefits Intellectual Property New Address Non-Qualified Stock Options Browning-Ferris Case Executive Severance Start-up Ventures Employment Law Newsletter Firm Announcements Security Fair Workweek Law Arbitration Agreements Trade Secrets Prenup Employment Contracts Credit Checks $15 Minimum Wage Worker's Rights Pregnancy Domain Name Internet Law Trademark Law Fair Work Week Legislation Criminal Record Mandatory Class Action Waivers I-9 Verification Joint-Employer Relationship Paid Family Leave Nobel Prize Affordable Care Act Transgender protections stocks Unionization Illegal rentals Selling Business Credit Real Estate Law Fair Chance Act Employer Mandate NLRB Unions Womens Rights entrepreneur Overtime Exemptions Privacy Trademark licensing Technology Business Law New York Earned Sick Time Act Employment Offer/Agreement Facebook Privacy and Litigation Business Ban the Box U.S. Department of Labor Trade Secrets Act Interns as Employees Apple vs. FBI Fair Pay and Safe Workplace Executive Order Negotiating Independent Contractor Health Care Housing Law Right to Unionize Payroll Scams Federal Contractors NYC Salary History Law Federal Acquisition Regulatory Council Corporate Law National Labor Relations Board National Labor Relations Act Attracting Investment Nanny Audit Executive Negotiation Postnup Wage Theft Protection Act ACA

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.