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

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

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.