November 29, 2022

Volume XII, Number 333

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November 28, 2022

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New York Enacts Law Prohibiting Discipline for Legally Protected Absences

On November 21, 2022, Governor Kathy Hochul signed into law Senate Bill S1958A, which amends section 215 of the New York Labor Law (NYLL) to enhance protections for employees who take legally protected absences. Specifically, the amendment prohibits employers from “assessing any demerit, occurrence, any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action” based upon the use of “any legally protected absence pursuant to federal, local, or state law.” The law likewise makes it unlawful for employers to fire, threaten, or otherwise discriminate or retaliate against employees for their use of lawful absences. The law takes effect on February 19, 2023.

The New York State Department of Labor (NYSDOL) can issue civil penalties up to $10,000 for violations of section 215 and up to $20,000 for subsequent violations. The NYSDOL can also order reinstatement and award back pay, front pay, and liquidated damages. Individuals who bring suit in court for violations of the NYLL can also recover monetary damages, including, but not limited to, liquidated damages.

Employers may wish to review the above requirements to ensure their practices comply with the new obligations articulated in the law.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 327
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About this Author

Kelly Cardin Employment lawyer Ogletree Deakins.
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Kelly M. Cardin is an associate in the Stamford office of Ogletree Deakins. Her practice focuses on representing employers in a wide range of disputes, including those involving discrimination and retaliation claims, wage and hour claims, wrongful discharge claims, and claims under the FMLA. Kelly also represents employers in class action lawsuits, often involving wage and hour issues. Additionally, she maintains a commercial litigation practice, representing companies in breach of contract and trade secret disputes, among others. Kelly has represented clients before the...

203 969 3109
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Simone Francis concentrates her practice in the areas of employment litigation, environmental counseling and litigation, and general litigation. She has represented a range of large, mid-sized, and small employers in litigation before the federal and local courts in the U.S. Virgin Islands and elsewhere in the United States, and also has acted as an advocate before administrative tribunals, including the Equal Employment Opportunity Commission, the Virgin Islands Department of Labor, the Civil Rights Commission, and the Public Employees Relations Board. In addition, Ms....

340-714-5510
Jessica Schild Employment Law Attorney at Ogletree Deakins law firm in New York
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Jessica Schild is an associate in the New York City office where she represents management in all aspects of litigation, including class and collective wage and hour actions, discrimination and harassment litigation, as well as handling charges before federal, state, and local agencies.

Ms. Schild is a graduate of the Hofstra University School of Law where she served as Editor-in- Chief of the Hofstra Labor and Employment Law Journal. During law school, she was also a member of Hofstra Law’s Dispute Resolution Society and successfully competed in several external...

212-492-3571
Jenny Xia Employment Lawyer Ogletree Deakins Law Firm
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Jenny Xia is an associate in Ogletree Deakins’ New York office.

Ms. Xia graduated from the University of Pennsylvania Law School, where she served as an Executive Editor of the Journal of Law and Social Change. During law school, she was a judicial intern to the Honorable Ketanji Brown Jackson at the U.S. District Court for the District of Columbia.

Before joining Ogletree Deakins, Ms. Xia served as a judicial law clerk to the Honorable Malachy E. Mannion of the US. District Court for the Middle District of...

212-492-2061
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