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.

 


Trackback Link
http://www.lloydpatel.com/BlogRetrieve.aspx?BlogID=13375&PostID=1033505&A=Trackback
Trackbacks
Post has no trackbacks.

Recent Posts


Tags

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

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.