News and Articles

Legal Update - January 2020

Yogi Patel - Monday, January 06, 2020

Dear Valued Clients, Colleagues and Supporters: Happy New Year! As 2020 rolls in, this month's Newsletter will focus on new laws going into effect this year (2020) and recommendations for changes to employment manuals for business owners.

Legal Updates for 2020

Several new laws are going into effect this year. We have compiled a list of these laws and posted them on on our website, which you can find here.

Recommended Changes to Employee Manuals and Policies

As the new year begins, employers and business owners should consider taking the time to review their employment manuals and policies to ensure they are up to date. There have been significant changes in various laws related to employee leave and paid time off - especially in New York City/State - in the last year or two and your existing policies may be outdated and not in compliance.

For example, under the New York State Paid Family Leave Act ("PFL"), virtually all employees are entitled to 10 weeks of paid leave to care for a sick family member, bond with a newborn, recently adopted, or recently placed child, or deal with an urgent matter caused by a family member's active military service. The Family and Medical Leave Act ("FMLA") is a federal law that entitles employees of business of a certain size to take unpaid leave of up to 12 weeks for many of the same reasons. Finally, an employee may be eligible for short-term disability benefits under similar circumstances, specifically including after the birth of a child. While employers can generally require FMLA and PFL leave to be used concurrently, short-term disability benefits must be used separately.

Additionally, under the New York City Earned Six and Safe Time law, employees are entitled to accrue up to 40 hours of leave to use if they are sick, need to care for a sick family member, or if they or a family member is the victim of a sexual offense, family offense, stalking, or human trafficking. If the business has 5 or more employees, the leave is paid. Many employers provide significant paid time off above and beyond this minimum threshold, but one issue many employers fail to address is whether or not employees can be required to use their PTO when they take leave under the PFL, FMLA, or short-term disability law. Failure to handle this properly could result in not only a violation under the various leave laws, but potentially under wage and hour laws as well.

These are just two examples of how navigating these overlapping areas of law can cause unexpected pitfalls for employers that can have serious consequences. Employers are therefore strongly encouraged to review their employment manuals and respective policies to ensure they do not inadvertently violate their employees's rights and end up in situations that could have been avoided.

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

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

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.