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.



Recent Posts


Tags

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

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.