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


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


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

EDIT - BlogTagCloud - Font style


  • 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.