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Volume X, Number 298

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Amendments to New York City Paid Sick and Safe Leave Law Effective

Changes to New York City’s Paid Sick and Safe Leave Law (NYCSL) took effect on September 30, 2020.

On September 23, 2020, the New York City Council enacted Int. No 2032-A, and Mayor Bill de Blasio signed the bill on September 28, 2020.

Most of the modifications comport the NYCSL with New York State’s Sick Leave Law (NYSSL), which also became effective on September 30, 2020. See our article New York State’s New Paid Sick Leave Law Goes Into Effect September 30, 2020. However, the amendments to the NYCSL also impose additional requirements on New York City employers.

Pursuant to the amendments, the following provisions of the NYCSL are comported with the NYSSL:

Providing Safe/Sick Leave in Varying Amounts Based on Employer Size and Income:

  • Employers with four or fewer employees and a net income of $1 million or less in the previous tax year will be required to allow for accrual and use of up to 40 hours of paid safe/sick time per calendar year and carryover of up to 40 hours.

  • Employers with 100 or more employees (regardless of employer income) will be required to allow for accrual and use of up to 56 hours per calendar year of paid safe/sick time and carryover of up to 56 hours.

  • The bill does not revise the requirement that employers with five to 99 employees (regardless of employer income) allow for accrual and use of up to 40 hours of paid safe/sick time per calendar year and carryover of up to 40 hours.

Accruing Safe/Sick Time starting September 30, 2020, and Using Newly Accrued Safe/Sick Time Starting January 1, 2021: 

  • Employees will begin accruing newly provided sick/safe time on September 30, 2020, and will be able to use any newly provided sick/safe time starting January 1, 2021. Additionally, effective January 1, 2021, there is no waiting period for use of accrue sick/safe time.

However, the following amendments to the NYCSL are separate and distinct and impose additional obligations on New York City employers:

  • Removal of the prior requirement that an employee must work 80 hours within New York City to be eligible for NYCSL.

  • Requiring employers to note on employee pay statements or in a separate writing provided to an employee each pay period the amount of safe/sick time accrued and used and the employee’s total balance.

  • Requiring employers to reimburse employees for fee/costs/expenses for obtaining supporting documentation from a doctor or other third party as requested by the employer.

  • Requiring posting of an updated notice of rights in addition to providing it to employees at hire and to current employees within 30 days of September 30, 2020.

  • Prohibiting adverse actions against an employee that penalizes or deters an employee for using safe/sick time.

  • Permitting New York City to bring a civil litigation in court against an employer for violating any provision of the NYCSL.

  • Allowing New York City to open administrative investigations into potential violations of the NYCSL.

  • Clarifying fines on employer violations, which includes penalties ranging from $500 to $2,500.

  • Capping civil penalties at $15,000 in a civil action for a finding that an employer has engaged in a pattern or practice of violations.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 274
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Richard Greenberg, Jackson Lewis, workplace grievances lawyer, arbitrations litigation attorney
Principal

Richard Greenberg is a Principal in the New York City, New York, office of Jackson Lewis P.C. He advises both unionized and union-free clients on a full-range of labor and employee relations matters.

With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free....

212-545-4080
Daniel J. Jacobs, Jackson Lewis law firm, Labor Employment Attorney
Shareholder

Daniel J. Jacobs is a Shareholder in the New York City, New York, office of Jackson Lewis P.C. He assists both unionized and union-free clients with a full-range of labor and employee relations matters.
With respect to traditional labor matters, Mr. Jacobs represents clients in collective bargaining negotiations, contingency planning, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court.
Mr. Jacobs also has experience assisting clients in numerous industries with the development and maintenance of personnel policies, reorganizations and reductions in force, purchase/sale transactions, sexual harassment and other workplace conduct rules, wrongful discharge and other workplace litigation.

212-545-4000
Anna Broccolo employment litigation lawyer Jackson Lewis
Associate

Anna K. Broccolo is an Associate in the New York City, New York office of Jackson Lewis P.C. Her practice focuses on representing management in employment litigation, as well as advising clients on all aspects of the employment relationship.

Ms. Broccolo’s employment litigation practice includes defending employers against claims of discrimination, retaliation, disability accommodation, wage and hour violations, breach of contract, wrongful termination, and enforcement and defense of non-compete and non-solicitation agreements. Ms. Broccolo also counsels her...

212-545-4039
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