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


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


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.