Employer & Workplace Legislation: What It’ll Mean for You In 2020
This article provides an overview of recent and potentially upcoming workplace legislation within the State of New York.
Prohibition of Salary History Inquiries
In January 2020, New York State will join over a dozen states which have or are scheduled to prohibit employers or recruiters from requesting salary history information from job applicants, amid efforts to alleviate the recurrent influence of pay gaps and pay discrimination, based on factors such as race and sex. While New York State will be the latest U.S. state to enact this type of legislation, there is a growing trend of states enacting this legislation, and there is the possibility that a law such as this may become nationalized in the future.
It is worth noting that employer and recruiters will still be able to ask an applicant what salary range they would like to be paid in a new position, and applicants may still bring up their previous salary on their own accord. Online tools such as Glassdoor and LinkedIn allow today’s applicants to get a good ballpark estimate of the average going rates for a certain position in a region, making it easier for job-seekers to get an honest framework for comparing job offers. This much being said, job seekers should still make a case for why they are worth being paid, particularly if someone is seeking a raise from their previous position. Utilizing data and tools such as those mentioned above, in addition to specifying which unique skills and core competencies one can bring to the table can
Sexual Harassment & Discrimination Legislation
Following the cataclysmic fallout from the #MeToo movement and growing cultural awareness of the issues surrounding sexual harassment within the workplace environment, the State of New York legislated a set of requirements and guidelines for all businesses within the state, effective in 2019. The provisions expand the number of legal protections provided for those who believe they have been victims of sexual abuse, and additionally expand the definitions of what constitutes harassment. Examples of prohibited sexual harassment within the workplace include requests for sexual favors (including quid-pro-quo scenarios), verbal harassment, unnecessary/inappropriate physical contact, and displays of lewd photographs or drawings (such as in a cubicle or workspace).
Victims of workplace sexual abuse within New York State are provided a range of options for reporting the abuse within and outside of the organization which they work for. They are additionally provided legal protections from negative repercussions on behalf of the company they work for upon reporting abuse. All employees work at companies within New York State are required to complete sexual harassment training on an annual basis.
More recently, New York Governor Andrew Cuomo signed Senate Bill S660, which prohibits employment discrimination based on an employee’s “reproductive health decision making”, which covers the use of abortion and contraceptive methods such as drugs, devices, and medical services. Several pro-life organizations have since signaled dismay towards the ratification of this legislation.
Contractors & The Gig Economy
One region of increasingly elevated regulatory scrutiny involves the gig-economy, particularly with the rise of ridesharing apps such as Uber and Lyft, in addition to food and grocery delivery services including DoorDash and Instacart. Among the primary concerns regards whether workers who perform services for these companies are qualified as contractors or employees. Labor unions within New York State are pushing for legislation that would extend employee benefits including overtime pay, unemployment insurance and paid leave; however, the companies are openly fighting this legislation claiming it would be burdensome and would increase costs for consumers.
Pending gig economy legislation in New York is inspired in part by a similar law being put in place on January 1 in California which utilizes an “ABC test” to classify workers as employees as opposed to contractors. To qualify, companies must prove that workers can exert control over assigned tasks, are doing work which is outside what the company typically performs, and are operated independently. It has yet to be seen the long-term and wide-ranging impacts the new law will have on the Californian gig economy, but if proven to be successful, the legislation may very well be emulated in other states and territories.