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


Tags

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

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.