News and Articles

Legal Update - July 2019 Newsletter

Yogi Patel - Monday, July 01, 2019

Dear valued clients and supporters: This month's newsletter will focus on 1) a recent Supreme Court decision significantly impacting employment discrimination lawsuits; 2) NYC's bar on drug testing for marijuana usage; and 3) Westchester County implementing new leave laws for employees.

Supreme Court Clarifies EEOC Filing Requirement

Before filing claims of employment discrimination based on Title VII of the Civil Rights Act of 1964 ("Title VII") in court, plaintiffs are generally required to file an administrative charge of discrimination with the Equal Employment Opportunity Commission ("EEOC"). However, in a decision published on June 3, 2019, the Supreme Court ruled that where a plaintiff does not file a charge with the EEOC prior to filing suit but the defendant fails to raise this as a defense or waits to long to do so, the case may still proceed. As a practical matter, what this means is that if a defendant waits too long to object to a Title VII lawsuit based on a failure to file with the EEOC first, the defendant forfeits the objection and the lawsuit will proceed.

NYC Bar's Marijuana Screening of Employees

On April 9, 2019, the New York City Council passed a bill that would prohibit the pre-employment drug testing for marijuana by most public and private employers. Mayor Bill de Blasio did not sign or veto the bill within 30 days, which means the bill became law as of May 10, 2019. Local Law 91 of 2019 will take effect one year later, on May 10, 2020. Local Law 91 amends the New York City Human Rights Law to make it an unlawful discriminatory practice for employers, labor organizations, employment agencies, or their agents to require job applicants to submit to the screening for tetrahydrocannabinol (THC). The law would not prohibit employers from testing employees in the workplace for marijuana use. The law also exempts certain jobs from this restriction, such as police officers, most construction workers, commercial drivers, childcare providers, jobs that require such testing under federal or state law, and other positions that involve being entrusted with the health or safety of others. Employers and employee are encouraged to understand their obligations under Local Law 91 before it takes effect next year.

Westchester Safe and Sick Time Laws

Keeping in stride with New York City law, Westchester County employees this year will be entitled to additional time off for both "Sick" and "Safe" time.Pursuant to the Earned Sick Leave Law ("ESLL") that went into effect on April 10, 2019, employees in Westchester County will start to accrue time off for sick leave starting on July 10 2019. Much like NYC's law, the ESLL requires employers to provide up to 40 hours of sick leave in a calendar year. For employers with more five or more employees, the leave is to be paid; for employers with fewer employers, the leave is unpaid. Overall, with the ESSL set to go into effect and the Safe Time Law expected to be effective as of this fall, employers should review their leave policies to ensure they are in compliance with these new requirements.

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

Web Domains Minimum wage Divorce Selling Business Public-Sector Union Fees Human Rights Law Household Employees Hairstyle Discrimination Independent Contractor Postnup NYC Sick Leave Law Arbitration Agreements Fair Workweek Law ACA Fair Play to Pay Act NYC Sexual harrassment law federal Department of Labor Fair Pay and Safe Workplace Executive Order Right to Unionize Health Care Domain Name Credit Privacy Credit Checks U.S. Department of Labor Joint-Employer Relationship Newsletter NYC Salary History Law stocks Families First Coronavirus Response Act Technology $15 Minimum Wage Federal Small Business Assistance Westchester Safe and Sick Time Laws Department of Labor AirBnB Fair Work Week Legislation Ban the Box Overtime Rules Employer Mandate employment discrimination lawsuits Nobel Prize Internet Law Paycheck Protection Program Paid Family Leave New York Earned Sick Time Act #meToo Emergency Economic Injury Grants Freelance Isn't Free Overtime Exemptions National Labor Relations Act Real Estate Law Immigration Status Wage Theft Protection Act Business Law Trade Secrets Act Womens Rights Marijuana Testing Sexual Harassment policy Business EEOC Filing Requirement Mandatory Class Action Waivers Wage and Hour Law Alter-Ego Doctrine Trademark Law Negotiating Plastic Bag Ban Pregnancy Security NY payroll law I-9 Verification Attracting Investment Prenup Transgender protections Fair Labor Standards Act (FLSA) Out-of-State LLC Owners marijuana usage Worker's Rights Trademark licensing Employment Law workplace discrimination Federal Overtime Law Illegal rentals Landlord-Tenant Law Economic Injury Disaster Loans sexual harassment training Webinar National Labor Relations Board entrepreneur Westchester County implementing new leave laws Salary History Inquiries Start-up Ventures commuter benefits Interview Series Apple vs. FBI Sexual Harassment and Discrimination In The Workplace Federal Acquisition Regulatory Council Unionization Criminal Record Sexual Harassment Employee Manuals and Policies Lactation Law Housing Law Fair Labor Standards Act Browning-Ferris Case Nanny Audit Affordable Care Act drug testing Glatt v. Fox Searchlight Pictures, Inc. Credit History Executive Negotiation graduate students COVID-19 Employee Salary Histories NLRB Executive Severance Federal Contractors Interns as Employees Employment Contracts Payroll Scams LinkedIn Non-Qualified Stock Options Firm Announcements Fair Chance Act Workplace Requirements Glatt v. Fox Searchlight Pictures Employment Offer/Agreement Intellectual Property New Address Interns Trade Secrets New York City Human Rights Law NYC Human Right's Law's Facebook Privacy and Litigation Tax-Deferred Savings NQSO Federal Joint Employer Rule Unions Corporate Law

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.