November 18, 2018

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Employers Must Comply by June 4, 2018 with Amended NYC Earned Safe and Sick Time Act

In New York City employers need to comply with the amended NYC Earned Safe and Sick Time Act (the “Act”), discussed in our November 2017 Client Alert: New York City Expands Paid Sick Leave to Domestic Violence, Assault and Sex Trafficking Victims by June 4, 2018. Employers are required to provide all current employees and new hires with a new Notice of Employee Rights in both English and each employee’s primary language, to the extent a form in such language is made available on the New York City Department of Consumer Affairs (“DCA”) website. Current versions include French, Chinese, French, Spanish, Italian, Polish, Russian, and 19 other languages. Some employers offer leave benefits that exceed the Act’s minimum requirements. Such employers, in addition to distributing the form notice supplied by the DCA, may wish to circulate a written statement noting that the employer’s leave policies provide benefits in excess of the minimum required by the Act.

In general, the Act requires employers with five or more employees who are employed for hire more than 80 hours a calendar year in New York City to provide paid sick leave. Every such NYC employer must provide each employee with written notice of the employee’s right to safe and sick leave, including accrual and use of safe and sick leave, the right to file a complaint, and the right to be free from retaliation. The notice must state the start and end dates of the employer’s calendar year. As noted above, employees have a right to the notice in English and, if available on the DCA website, their primary language. Even if an employer earlier provided a Notice of Employee Rights to comply with the Act, it must provide the new Notice of Employee Rights (containing safe leave information) to all employees by June 4, 2018.

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David I. Rosen, Sills Cummis Gross, Wrongful Dismissal Lawyer, Labor Arbitration Attorney
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David I. Rosen has practiced labor and employment law on behalf of management clients since 1977. He handles employment litigation in the federal and state courts, before administrative agencies and through arbitration and mediation, and has broad experience with wrongful dismissal and employment discrimination claims, having successfully defended employers following jury and bench trials. His litigation experience extends to the enforcement and defense of restrictive covenants, NLRB unfair labor practice trials and appellate advocacy. Mr. Rosen also represents employers in labor...

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Galit Kierkut, Employment Litigation Attorney, Sills Cummis Gross, Social Media Matters Lawyer
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Galit Kierkut concentrates her practice on employment litigation and counseling. She conducts human resources audits, performs management and employee training in all areas, including sexual harassment, social media and electronic communications use, and counsels clients regarding compliance with state and federal employment laws, including discrimination laws, the Fair Labor Standards Act (FLSA), family and medical leave, and the Worker Adjustment and Retraining Notification (WARN) Act. She also reviews and drafts employee handbooks, social media policies and employment contracts, including restrictive covenants and severance agreements. Her employment litigation practice is primarily focused on resolving claims in the areas of discrimination, sexual harassment, restrictive covenants, whistleblowing and employment contract disputes in state and federal courts and before the Department of Labor and the Equal Employment Opportunity Commission (EEOC).

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Charles Kaplan, Sills Cummis Gross, Labor Employment Attorney, Affirmative Action Matters Lawyer
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Charles H. Kaplan is a Member of the Sills Cummis & Gross Employment and Labor Practice Group and is resident in the Firm’s New York Office.  Mr. Kaplan represents employers in federal and state trial and appellate courts, as well as before enforcement agencies, including the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Office of Federal Contract Compliance Programs of the U.S. Department of Labor, the New York State Division of Human Rights, the New York State Department of Labor and the New York City Commission on Human Rights.

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