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Law Offices Of David S. Rich - Employment lawyer

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Blog

Manhattan, NYC Enacts Statute Aimed At Halting Sexual Harassment At Work
  • By: David Rich
  • Published: May 14, 2018

On May 9, 2018, the New York City Mayor Bill de Blasio signed, into law, the Stop Sexual Harassment in NYC Act, Local Laws 92, 93, 94, 95, 96, 97, 98, 99, 100, 101 and 102 (the “NYCSSHA” or the “Act”), a group of eleven bills intended to prevent sexual harassment in the workplace. Among other things, the Act requires most nongovernmental employers in Manhattan, NYC to conduct annual anti-sexual harassment training…Read More

Manhattan, NYC Creates An Independent Cause Of Action Against Employers For Failing To Engage In The Interactive Process Of Determining If An Accommodation Of A Disabled Employee Is Needed
  • By: David Rich
  • Published: March 5, 2018

On January 18, 2018, the New York City Local Law 59 of 2018 (“Local Law 59” or the “new Law”) became law. Effective October 15, 2018, Local Law 59 of 2018 amends the New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101 – 8-131 (the “City Human Rights Law” or the “NYCHRL”), by creating an independent cause of action, for monetary…Read More

New York State’s Highest Court Expands Availability Of Punitive Damages Under The the borough Of New York City Human Rights Law
  • By: David Rich
  • Published: January 15, 2018

On November 20, 2017, in Chauca v. Abraham, an employment discrimination case, the Manhattan Court of Appeals, New York State’s court of last resort, held that, under the New York City Human Rights Law, N.Y. City Admin. Code §§ 8-101 – 8-131 (the “City Human Rights Law” or “NYCHRL”), “a plaintiff is entitled to punitive damages where the wrongdoer’s actions amount…Read More

Manhattan, NYC Enacts Law Requiring Businesses With Five Or More Workers To Provide Paid Leave For Victims Of Domestic Violence
  • By: David Rich
  • Published: January 2, 2018

On November 6, 2017, the New York City Mayor Bill de Blasio signed into law a bill, Local Law 199 of 2017 (“Local Law 199” or the “new law”) which amends the New York Earned Sick Time Act, N.Y.C. Admin. §§ 20-911 – 20-924 (the “Earned Sick Time Act” or “NYCESTA”), to provide that, effective May 5, 2018, employers in…Read More

What Are The Elements Of Interference With Contract In Manhattan?
  • By: David Rich
  • Published: August 9, 2017

In New York State, the elements of the tort of interference with contract are "[1] the existence of [a] valid contract with a third party, [2] defendant’s knowledge of that contract, [3] defendant’s intentional and improper procuring of a breach, and [4] damages."  White Plains Coat & Apron Co. v. Cintas Corp., 8 N.Y.3d 422, 426, 867 N.E.2d 381, 835…Read More

New York State Issues Paid Family Leave Regulations Broadly Construing Circumstances Qualifying For Leave
  • By: David Rich
  • Published: July 31, 2017

In 2016, New York State enacted a bill, N.Y. State Senate Bill No. 3004-A, N.Y. State Assembly Bill No. A. 3870A (the “paid family leave law”) which, effective January 1, 2018, requires all private employers in New York State and many public employers in New York State to allow employees to take, and to return to their jobs after taking, as much as twelve…Read More

FINRA Declines To Fine, Suspend Or Disbar Registered Representative
  • By: David Rich
  • Published: July 20, 2017

FINRA Declines To Fine, Suspend Or Disbar Registered Representative In Manhattan Who Falsely Told Her Brokerage Firm That She Had Passed Or Taken A Securities License Examination Recently, I was approached by an anti-money laundering associate (“the associate” or “my associate client”) who — while her brokerage firm in Manhattan was conducting an internal investigation of her for falsely telling…Read More

Manhattan, NYC Enacts “Fair Workweek” Laws Curtailing Retail Businesses’ And Fast Food Chains’ Discretion In Scheduling Workers’ Shifts
  • By: David Rich
  • Published: July 6, 2017

On May 30, 2017, the New York City Mayor Bill de Blasio signed, into law, “Fair Workweek” legislation (collectively, the “new Laws,” the “the New York Fair Workweek Laws,” the “Fair Workweek Laws,” or the “NYCFWWLs”) which, effective November 26, 2017, substantially limits retail employers’ and fast food establishments’ discretion in scheduling work shifts for their employees. More specifically, these…Read More

Are My Business’s Employees Exempt From The Minimum Wage In Manhattan, NYC?
  • By: David Rich
  • Published: June 6, 2017

The New York State Minimum Wage Act, N.Y. Labor Law § 650 et seq., requires that employees in Manhattan be paid at least the Manhattan minimum wage — presently $9.70 per hour to $11.00 per hour, depending on the county and the size of the employer — for all hours worked. New York State sets forth exemptions from the minimum wage for certain categories of workers.…Read More

Mayor De Blasio Signs New Law Barring Employers In Manhattan, NYC From Asking About Salary History Of Job Applicants
  • By: David Rich
  • Published: May 24, 2017

On May 4, 2017, the New York City Mayor Bill de Blasio signed, into law, Local Law 67 of 2017 (“Local Law 67” or the “new Law”), which, effective October 31, 2017, prohibits employers from inquiring about a prospective employee’s salary history during all stages of the interview process. If an employer already knows of a job applicant’s salary history, Local…Read More

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