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OUR LOCATIONS
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525 Northern Blvd.
Suite 210
Great Neck, NY 11021
tel: 516.466.3200
fax: 212.658.9313
330 Madison Ave.
6th Floor
New York, NY
10017
tel: 212.786.7380
fax: 212.658.9313
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WE OFFER SERVICES
in these specialty areas:
· Complying with local, state and federal
employment laws and regulations
· Drafting
employment- related contracts
and advising on transactions
· Delivering training sessions on a variety
of HR and legal topics
· Advising on labor relations and union
avoidance
· Defending organizations in labor and
employment litigation
· Performing workplace investigations
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Real Workplace Issues
October 2009
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Greetings!
Welcome to the latest installment of "Real Workplace
Issues," a newsletter dedicated to providing our clients and friends with
practical, everyday employment law and HR information.
In this issue, we summarize a variety of employment law updates for New York employers, including the new requirement to provide written notice of pay to new hires, the "protected status" of victims of domestic violence under the New York State Human Rights Law, and the potential for mandatory paid sick leave in New York City.
We also highlight the recent rise in immigration audits, and provide helpful links to the new Form I-9 and the latest H1N1/swine flu guidance for businesses.
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As always, feel free to contact us
should you require any assistance, or have any questions regarding the
information contained in this newsletter.
Sincerely,
Halpern Employment Law Advisors
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New York to Require Written Notice of Pay to New Hires
Effective October 26, 2009, employers in New York must provide newly-hired employees with written notice of their rate of pay, rate of overtime pay (if applicable) and the regular pay day. Employers must also obtain written acknowledgment of newly-hired employees' receipt of this notice.
The purpose of this new law, which amends NY Labor Law 195(1), is to help employees determine whether their paychecks properly reflect their correct wages, and to avoid confusion between employers and employees regarding overtime. The Commissioner of Labor is expected to issue guidance regarding the content and form of the notice.
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Victims of Domestic Violence Protected Under NY Law
New York State Human Rights Law Section 296, which applies to employers with at least four (4) employees, prohibits workplace discrimination in hiring and employment practices on the basis of certain "protected classes."
On July 7, 2009, Governor David Paterson signed into law new legislation which adds victims of domestic violence to the list of protected classes under the New York State Human Rights Law. A victim of domestic violence is any individual subjected to a "family offense," as defined under Section 812(1) of the New York Family Court Act. Family offenses include disorderly conduct, harassment, stalking, criminal mischief, menacing, reckless endangerment, assault or attempted assault between spouses or former spouses, between parent and child, or between members of the same family or household.
NYSHRL Section 296 also prohibits discrimination in hiring and employment practices on the basis of race and color, creed, national origin, sex, age, disability, sexual orientation, marital status, familial status, military status, arrest or conviction record and predisposing genetic characteristics.
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New York City Considers Mandatory Paid Sick Leave
The New York City Council has proposed an amendment to the City's administrative code which would require private businesses in New York City to provide paid sick leave to their employees.
The new law would require that employers provide employees with one hour of paid sick time for every 30 hours worked. Employers would not have to provide more than 72 hours of paid sick leave per calendar year, while the number of paid sick leave hours per calendar year for employees of "small businesses" (those with less than 10 employees) would be capped at 40.
Under the proposed law, employees would not be eligible to take paid sick leave during the first 90 days of employment, and employers would not be required to "pay out" employees for accrued but unused paid sick leave upon termination. To read more about the proposed law, click here. |
Updated Employer Guidance for the Fall Flu Season
Recently, the Center for Disease Control released new guidance recommending actions that employers should take to decrease the spread of both seasonal flu and H1N1 "Swine Flu" in the workplace.
This guidance can be found at www.pandemicflu.gov/professional/business/, along with a "Communication Toolkit for Businesses and Employers." This helpful toolkit includes fact sheets, workplace posters, and various e-mail, letter and text message templates designed to assist businesses in communicating with employees.
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Form I-9 Revised (Yet Again)
United States Citizenship and Immigration Services (USCIS) has issued a new Form I-9 with a revision date of August 7, 2009 and an expiration date of August 31, 2012. With the exception of the edition and expiration dates, this new Form I-9 is substantively identical to the February 2, 2009 edition.
Employers may use either the August 7, 2009 or February 2, 2009 forms, and do not need to complete new forms for existing employees for whom a Form I-9 has been properly completed. The latest version of the Form I-9 can be found at www.uscis.gov/i-9. |
Immigration Audits on the Rise
United States Immigration and Customs Enforcement (ICE) recently launched its new audit initiative by issuing Notices of Inspection (NOIs) to 652 businesses nationwide.
As described in ICE's recent press release, the NOIs "alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations."
These audits can result in substantial civil fines, as well as criminal penalties. (See Krispy Kreme Doughnut Corp., who was recently audited and reached a $40,000 fine settlement with ICE this past July for violations of immigration laws.)
Employers should conduct periodic self-audits to make sure they have Form I-9s properly completed for each employee. |
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