December 9, 2019

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New York City Earned Sick Time Act – An Update

The New York City Council has quietly amended the Earned Sick Time Act, which becomes effective on April 1, 2014, to allow a cap on accrued time carried over from one year to the next and to clarify the employer’s notice obligation. 

The February amendment was not publicized or even noted on the New York City Department of Consumer Affairs (“DCA”) website at the time it was adopted. This amendment overrode former Mayor Michael Bloomberg’s December 2013 veto and preceded a second amendment now awaiting Mayor Bill DeBlasio’s signature (see Modifications to New York City Earned Sick Leave Act Proposed).

Pursuant to this amendment, employers:

(i) may impose a cap of 40 hours on the amount of accrued but unused sick time an employee may carryover from one calendar year to the next; and

(ii) must give notice of the Act in a form provided by the DCA to current employees within 30 days of April 1, 2014 (this notice has not yet been published).

The modification relating to carryover time likely will not affect covered employers significantly since they already were permitted to cap the amount of time an employee may use in any one calendar year to 40 hours, and they are not obligated to pay out accrued unused time to employees upon separation. The other modification merely clarifies the timing of the notice to current employees. 

Jackson Lewis P.C. © 2019

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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....

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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.

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Joseph J. Lynett, Jackson Lewis, educational institutions lawyer, disabled students litigation attorney
Principal

Joseph J. Lynett is a Principal in the White Plains, New York, office of Jackson Lewis P.C. His practice focuses on assisting employers, businesses, and educational institutions in meeting the legal and practical challenges posed by federal and state laws protecting injured and ill employees, as well as disabled students and members of the public.

Mr. Lynett defends employers, business and educational institutions in federal and state courts and before administrative agencies, including the U.S. Equal Employment Opportunity...

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