Legal Updates

Families First Coronavirus Response Act (FFCRA)
Effective April 1, 2020, The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Department of Labor’s (Department) Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. These provisions will apply from the effective date through December 31, 2020.

​Required Workplace Poster
The Department of Labor’s (DOL’s) Wage and Hour Division published workplace posters for employers to distribute to notify employees of their rights to expanded paid sick leave and expanded paid Family and Medical Leave Act leave under the Families First Coronavirus Response Act (FFCRA).

​New York Mandates Coronavirus-Related Sick Leave
The law protects workers by requiring employers to provide additional coronavirus-specific paid sick leave and expanding the state’s disability and paid-family-leave benefits to cover certain coronavirus-related leave.

​NYS on PAUSE Extended
All non-essential workers must continue to work from home, and everyone is required to maintain a 6-foot distance in public.

​Families First Coronavirus Response Act: Questions and Answers
The DOL will continue to provide compliance assistance to employers and employees on their responsibilities and rights under the FFCRA. Here are the most common Q’s & A’s.

NEW! (April 2020) The U.S. Department of Labor (DOL) issued temporary regulations for the Families First Coronavirus Response Act (FFCRA) on April 1. The Department of Labor’s (DOL’s) Wage and Hour Division published a workplace poster for employers to distribute to notify employees of their rights to expanded paid sick leave and expanded paid Family and Medical Leave Act leave under the Families First Coronavirus Response Act (FFCRA).

For NY employees, in addition to the FFCRA, Governor Andrew Cuomo signed into law legislation that provides paid leave benefits and job protection to “each employee who is subject to a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the department of health, local board of health, or any governmental entity duly authorized to issue such order due to COVID-19.

​(January 2020) The Internal Revenue Service (IRS) has released a new version of the W-4 Form for 2020. One of the most significant changes is the removal of withholding allowances. These changes are largely in response to the 2017 Tax Cuts and Jobs Act. Review the form here: Form W-4

NEW! (January 2020) New York state law prohibits all employers from asking prospective or current employees about their salary history and compensation. New York State salary history ban-here is what you need to know to remain compliant. Employers should immediately update their hiring practices and train supervisors to comply with this new ban.

​New York prohibits discrimination based on reproductive health decisions.
This law needs to be implemented as a policy for all NY state employees immediately. New York has enacted legislation (Senate Bill 660) that prohibits discrimination based on reproductive health decisions. Under Senate Bill 660, employers are prohibited from discriminating or retaliating against employees, and their dependents, based on their reproductive health decisions. Read more here. Employers should immediately update their policies & procedures and train supervisors to comply with Senate Bill 660. Ensure your Employee Handbook includes a notice of employee rights and remedies under the law.

​New York City released mandatory Sexual Harassment Training and Notice Requirements effective April 1, 2019. Employers are required to train their employees upon hire and annually. Review the ‘Stop Sexual Harassment in NYC Act’ website for details on policy, training and positing requirements. Here is a the toolkit from the NYS Department of Labor. Toolkit for employers.

​New York law currently requires employers with four or more employees provide reasonable break time to employees who need to express breast milk during the workday and to make reasonable efforts to provide a private room to do so. Effective March 18, 2019, NYC employers must meet additional requirements to ensure compliance with updated mandates. Review updates to the law to ensure compliance. Here is a useful guide with a checklist to ensure you’re compliant. Guidebook for employers.

Have you informed employees about the new NY State Paid Family Leave law?
Here is the latest announcement regarding the new law that became effective January 1, 2018. 2019 brought changes to the NY State PFL law-including an increase to benefits, additional leave time and updated posting requirements. Here is the updated Notice employees should receive for 2019.

​As of December 31, 2018, the New York State minimum wage increased again in New York City.
It is $13.50 per hour for businesses with 10 or fewer employees, and $15.00 per hour for businesses with 11 or more employees. Make sure you update your labor posters. Review the General Minimum Wage Rate Schedule showing the increases to ensure compliance. ​

The USCIS has released a revised version of Form I-9, are you using the latest version of the Form?
Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment. All employers must ensure proper completion of Form I-9 for each individual they hire. Here is the latest version of the Form to be used starting on July 17, 2017.

​​Are you aware of the new NYC ban on requesting prior salary history information from candidates?
Here is the latest announcement regarding the new law that became effective October 31, 2017. Be sure to update your hiring managers on these changes to ensure you remain compliant in your recruiting efforts.

​​As of December 31, 2016, the first in a series of wage increases went into effect in NY State.
Here is the General Minimum Wage Rate Schedule showing the annual increases to be processed each December for the next 5 years.