On June 23, 2022, the United States Supreme Court issued an historic ruling in New York State Rifle & Pistol Association v. Bruen that invalidated a century-old provision of New York’s concealed carry law requiring an applicant to show “proper cause” in order to obtain a license to carry a concealed handgun outside the home. The Court held that the provision violated the Fourteenth Amendment in that it prevents citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms. Employers should consider if they want to allow guns on their premises, and if so, they should post “clear and conspicuous signage” or otherwise provide express consent to visitors or patrons.

Following the Court’s decision, many New Yorkers—particularly those residing in New York City—braced for a possible wave of increased violence. Reports of crime have been on the rise the last few months in various parts of New York City. In April, New York Police Department data showed an 84 percent spike in major crime when compared to 2021 crime rates. NYC business owners are especially frustrated with the increased violence as it places a strain on business during a time when many businesses are still recovering from difficulties caused by the COVID-19 pandemic.

In light of growing concerns about public safety in New York after the Supreme Court decision, the legislature promptly drafted the Concealed Carry Improvement Act, which was recently signed by Gov. Kathy Hochul. The new law will limit who can obtain a gun carry permit, how to obtain a permit and restrictions on where guns may be carried. It prohibits guns in certain “sensitive places” such as government-owned buildings, educational institutions, health care facilities, places of worship, any place where alcohol is consumed and public transportation. The law establishes additional limitations including new eligibility requirements for those seeking concealed carry permits and a more expansive disqualifying criteria (i.e., an interview with a licensing agency, firearms safety training, storage requirements in vehicles). The Concealed Carry Improvement Act took effect on Sept. 1, 2022.

New York City’s Times Square, famously known as a major commercial, tourist and entertainment destination in Midtown Manhattan, is now a gun-free zone. Declared as a “sensitive location,” the New York City Council proposed boundaries for this gun-free zone to extend from Sixth Avenue to Eighth Avenue and from West 40th Street to West 53rd Street. The area will include “Gun Free Zone” signs at every entry point in the zone. Times Square will certainly not be the only “sensitive area” in New York City with restrictions – as subways, schools and other NYC locations are likely to be designated as gun-free zones as well. Employers in this area are well advised to ensure that employees are aware of this restriction.

As a precautionary measure, business owners throughout the state should strongly consider posting signs that explicitly state whether or not guns are allowed on the property, to make the potential presence of firearms on the premises known to all guests and patrons.

If you have any questions, please contact Samuel Dobre, any attorney in Bond’s labor and employment practice or the Bond attorney with whom you are regularly in contact.

The First Department of the Supreme Court, Appellate Division, in a matter of first impression, interpreted New York City’s Freelance Isn’t Free Act (FIFA) in the context of a motion to dismiss (Chen v. Romona Keveza Collection LLC). The Plaintiffs (a photographer and a model), sought to recover payments for services rendered to the Defendant (a high-end luxury fashion brand), claiming the defendant violated FIFA by improperly withholding payments. The Appellate Division ruled that an individual’s representation by an agency or agent does not necessarily disqualify the worker from FIFA’s freelance worker protections.

Read More >> Appellate Division’s Interpretation of New York City’s Freelance Law

On August 3, 2022, Gov. Kathy Hochul announced the Health Care and Mental Hygiene Worker Bonus program, also known as the HWB program. Enacted in New York’s Fiscal Year 2023 budget, the program allocates $1.3 billion for the payment of recruitment and retention bonuses to certain health care and mental hygiene workers. The bonus program is part of the state’s efforts to increase New York’s health care workforce by 20% over the next five years as a response to the staffing crisis seen during the COVID-19 pandemic. 

Read More >> Initial Health Care Worker Bonus Requires Filing by September 2

On July 19, 2022, Gov. Kathy Hochul announced the launch of a statewide hotline for employees who believe they have been sexually harassed in the workplace. This announcement follows several pieces of legislation¹ passed in March 2022, in which sexual harassment protections for employees were expanded. As part of the legislation, the New York State Division of Human Rights was directed to establish a toll-free, confidential hotline for complainants of workplace sexual harassment. Employees can call the hotline and receive advice on their legal rights as applied to their specific circumstances from attorneys, who staff the hotline pro bono. As of July 20, 2022, the hotline is operational from 9 a.m. to 5 p.m., and can be reached at 1-800-HARASS-3 (1-800-427-2773).

Read More >> NYS Launches Sexual Harassment Hotline

On June 24, 2022, in Dobbs v. Jackson Women’s Health Org., 2022 WL 2276808 (June 24, 2022), the U.S. Supreme Court overruled Roe v. Wade 410 U.S. 113 (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey 505 U.S. 833 (1992) and held that (i) the U.S. Constitution does not confer a right to abortion and (ii) the authority to regulate abortion is held by the states. The statute at issue in Dobbs was Mississippi’s Gestational Age Act, which banned abortion after 15 weeks except in a medical emergency or in the case of severe fetal abnormality. Employers across the nation must now determine how to evaluate and respond to the far-reaching implications of this decision.

Read More >> The Demise of Roe v. Wade: Employment and Benefits Considerations

Last week, a New York State Supreme Court judge ruled that New York’s regulation establishing isolation and quarantine procedures related to COVID-19 and other highly communicable diseases is void and unenforceable.

Read More >> Judge Declares New York’s COVID-19 Isolation and Quarantine Regulation Unenforceable

On June 23, 2022, in New York State Rifle & Pistol Association, Inc. v. Bruen, the U.S. Supreme Court held that New York’s requirements for obtaining permits for the concealed carry of a firearm were unconstitutional in a decision authored by Justice Clarence Thomas. Since 1911, New York has prohibited individuals from possessing a firearm without a license. 

Read More >> New York Passes Gun Legislation in Response to Supreme Court Decision Overturning Licensing Restrictions for Concealed Carry Permits

On June 3, 2022, the New York State Legislature passed Senate Bill S9427/Assembly Bill A10477 (the Bill)—a new wage transparency law that would amend the New York Labor Law to add new Section 194-b. If enacted, the new law would require covered employers to disclose compensation or a range of compensation to applicants and employees upon issuing an employment opportunity for internal or public viewing, or upon employee request. The Bill is intended to enhance transparency around compensation and reducing any existing wage disparities among employees.

Read More >> New York Wage Transparency Law Passes Both Houses

In connection with Mental Health Awareness Month, the United States Department of Labor (USDOL) has sought to assist employers in better understanding how to comply with the Family Medical Leave Act (FMLA) as it relates to mental health conditions. Accordingly, on May 25, 2022, the USDOL issued new guidance (Guidance) and frequently asked questions (FAQs) on providing FMLA leave to employees to address their own mental health conditions or to care for a covered family member with a mental health condition.

Read More >> New Guidance from U.S. DOL on FMLA Leave for Mental Health Conditions

In February 2021, New York State Attorney General, Letitia James, filed a lawsuit against Amazon alleging that the retailer failed to sufficiently prioritize hygiene, sanitation and social distancing at its fulfillment center and delivery station in New York City.¹ The Complaint also alleged that Amazon unlawfully terminated employees at those locations who complained about conditions they perceived to be unsafe.² The Complaint asserted causes of action under various sections of the New York Labor Law (NYLL), including Sections 200, 215 and 740, all of which “relate to the obligations of New York businesses to adequately protect the health and safety of employees and to refrain from discrimination or retaliation against employees who complain about potential NYLL violations.”³

Read More >> Appellate Division Holds Attorney General’s COVID-19 Retaliation Claims are Preempted by Federal Law

On May 12, 2022, Mayor Adams signed into law the NYC Council Amendment to the recently enacted Salary Transparency Law. In addition to postponing the law’s effective date to Nov. 1, 2022, this amendment also clarifies three other aspects of the law:

Read More >> NYC Salary Transparency Amendment

On March 15, 2022, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued a new directive addressing pay equity audits. The new Directive 2022-01 sets forth what OFCCP views as its apparent authority to obtain access to and review federal contractors’ pay equity audits that are conducted in connection with contractors’ compliance mandates. 

 

Read More >> OFCCP’s Pay Equity Directive Takes Aim at Federal Contractors