News and Articles

Legal Update - March 2019 Newsletter

David Lloyd - 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.

 



Recent Posts


Tags

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

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.