![]() Prior results do not guarantee a similar outcome.įocused on labor and employment law since 1958, Jackson Lewis P.C.'s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. This material may be considered attorney advertising in some jurisdictions. ![]() Recipients should consult with counsel before taking any actions based on the information contained within this material. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. This material is provided for informational purposes only. If you have any questions regarding any of these legislative developments or any other workplace law issues, please do not hesitate to contact a Jackson Lewis attorney. ![]() The enactment is consistent with other provisions of the New York Human Rights Law that extend these protections to employees. The law went into effect immediately upon signing. Governor Hochul signed a bill (S7382/A7355) adding “gender identity or expression” as a protected class for purposes of the New York State Human Rights Law’s prohibitions on discrimination against interns. The law also allows aggregation of all nonpayments or underpayments from a workforce (defined as a group of one or more persons who work in exchange for wages) into one larceny count. The law allows aggregation of all nonpayments or underpayments to one person from one person into one larceny count. Under the new law, employers can be charged with larceny if they do not pay wages at the minimum wage rate and overtime rate, or the promised wage rate (if greater), to an employee for work performed. The new law took effect immediately upon signing. This enactment amends the New York Penal Law to add wage theft to the types of activities included in the crime of larceny. Governor Hochul also signed into law a bill (S2832-A/A154-A) intended to combat wage theft. ![]() For instance, litigation is ongoing over Connecticut’s captive audience ban on the basis that the ban is preempted by Section 8(c) of the Act.įor more on captive audience legislation, see our article, Legislation Banning ‘Captive Audience’ Meetings Enacted in Minnesota, Awaiting Enactment in New York. However, courts are considering whether captive audience bans are preempted by the Act. New York is the fourth state to prohibit mandatory captive audience meetings. The new law makes it unlawful for an employer to refuse to hire, employ, or license or to discharge or otherwise discriminate against an individual over terms of employment because the individual refuses to attend an employer-sponsored meeting, listen to speech, or view communications where the primary purpose is to communicate the employer’s opinion concerning religious or political matters, including unionization. An employer cannot threaten, punish, or promise benefits to employees during these meetings, as such action may violate Section 8(c) of the Act. Under the Act’s captive audience doctrine, an employer may hold mandatory employee meetings and speak to employees about unionization. In essence, the law prohibits employers from mandating its employees attend meetings in which the employer attempts to dissuade employees from unionizing.Ĭaptive audience meetings have a long history of being protected employer speech under the National Labor Relations Act. The new law prohibits an employer from disciplining employees who refuse to attend an employer-sponsored meeting, “the primary purpose of which is to communicate the employer’s opinion concerning religious or political matters.” The law defines “political matters” to include the decision on whether to support or join a labor organization. Governor Hochul signed into law the captive audience bill (S4982/A6604) a day after it reached her desk. During a busy term at the New York Legislature, Governor Kathy Hochul signed legislation prohibiting captive audience meetings, categorizing wage theft as larceny, and expanding protection of “gender identity or expression” to interns.
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