New York City

New Concealed Carry Law in New York and Gun-Free Zones in Times Square

September 8, 2022

By Samuel G. Dobre

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.

Appellate Division’s Interpretation of New York City’s Freelance Law

September 6, 2022

By Samuel G. Dobre

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

New York City’s New Law Regulating the Use of Artificial Intelligence in Employment Decisions

April 11, 2022

On Nov. 10, 2021, the New York City Council passed a bill that regulates employers and employment agencies’ use of “automated employment decision tools” in making employment decisions. The bill was returned without Mayor Bill de Blasio’s signature and lapsed into law on Dec. 11, 2021. The new law takes effect on Jan. 1, 2023. This new law is part of a growing trend towards examining and regulating the use of artificial intelligence (AI) in hiring, promotional and other employment decisions.

Read More >> New York City’s New Law Regulating the Use of Artificial Intelligence in Employment Decisions

New York City Pay Transparency Law Update

March 29, 2022

By Lisa R. Feldman

On Jan. 15, 2022, the New York City council amended the City Human Rights Law to encourage equity and transparency in pay.1 This amendment is part of larger national trend towards greater pay transparency. Several states have adopted similar laws, and the New York State legislature has introduced pay transparency legislation which is currently under consideration. On March 22, 2022, the City’s Commission on Human Rights issued guidance for employers providing some much-needed clarity in advance of the effective date. This blog post will outline the requirements of the new law, informed by that guidance, and it will provide recommendations for what employers can do now to get ready for this new compliance obligation.

Read More >> New York City Pay Transparency Law Update

The New York Minimum Salary Level to Qualify for the Executive and Administrative Exemptions Will Increase

December 16, 2021

By Subhash Viswanathan

Ever since the New York State Department of Labor (NYSDOL) announced an increase in the minimum wage from $12.50 per hour to $13.20 per hour in areas outside of New York City, Nassau, Suffolk and Westchester counties effective Dec. 31, 2021, we have been expecting a proportionate increase in the minimum weekly salary to qualify for the executive and administrative exemptions. For the last few years, the minimum weekly salary to qualify for the executive and administrative exemptions has been 75 times the minimum hourly wage. The NYSDOL has confirmed that this proportionate increase will occur effective on Dec. 31, 2021.

Read More >> The New York Minimum Salary Level to Qualify for the Executive and Administrative Exemptions Will Increase

New York City Fast-Food Employers Beware: Just-Cause Needed for Firing

August 6, 2021

By Samuel G. Dobre and Paige Carey

The following article ran in the August 2021 edition of WestView News and is reprinted here with permission. 

Effective as of July 5, 2021, New York City fast food employers may only discharge employees for just-cause. This new law effectively chips away at the American tradition of at-will employment. 

Read More >> New York City Fast-Food Employers Beware: Just-Cause Needed for Firing

NYC Amends Fair Chance Act

July 29, 2021

By Mallory A. Campbell

The Fair Chance Act (FCA), which was added to the New York City Human Rights Law (NYCHRL) on Oct. 27, 2015, provides “fair chance” protections to workers with criminal convictions and limits when and to what extent employers can consider an individual’s criminal history in making employment decisions. On July 15, 2021, the New York City Commission on Human Rights (NYCCHR) issued new guidance1 interpreting key amendments to the FCA that go into effect on July 29, 2021. 

Read More >> NYC Amends Fair Chance Act

How is My Hair? A Brief Review Of Hairstyle Discrimination In The Workplace

June 22, 2021

By Nihla F. Sikkander and Krystal Macharie

“How is my hair? Does it look OK?” With employees returning to onsite work, questions regarding employers’ grooming and dress code policies are bound to crop up. When responding, employers should be cognizant of the fact that their dress code and grooming policies must comply with expanding legal protections against discrimination based on race-based hairstyles. 

Read More >> How is My Hair? A Brief Review Of Hairstyle Discrimination In The Workplace

New NYC Sexual Harassment Reporting Requirement for Human Services Contracts

May 5, 2021

By Mallory A. Campbell

On March 3, 2021, New York City Mayor Bill de Blasio signed Executive Order No. 64 that requires outside entities that contract with New York City agencies for “human services” to report information related to sexual harassment complaints. 

“Human services” is defined as services provided to third parties, including social services such as day care, foster care, home care, homeless assistance, housing and shelter assistance, preventive services, youth services, and senior centers; health or medical services; legal services; employment assistance services, vocational and educational programs; and recreation programs. N.Y.C. Admin. Code § 6-129(c)(21). 
 

Read More >> New NYC Sexual Harassment Reporting Requirement for Human Services Contracts

New York Officially Lifts Travel Quarantine Requirement for Domestic Travelers

April 1, 2021

By Adam P. Mastroleo

On April 1, 2021 the New York State Department of Health (NYSDOH) officially updated its Interim Guidance for Quarantine Restrictions on Travelers Arriving in New York State to remove the quarantine requirement for domestic travelers arriving in New York State from other U.S. States or territories. This updated guidance document has been anticipated since Governor Cuomo announced on March 11, 2021, that the domestic traveler quarantine requirement would be lifted on April 1. 

Read More >> New York Officially Lifts Travel Quarantine Requirement for Domestic Travelers

Employers with Employees in NYC Must Distribute Updated Earned Sick and Safe Time Notice Today

October 30, 2020

By Kerry W. Langan and Theresa E. Rusnak

On September 30, 2020, New York City’s amendments to the Earned Sick and Safe Time Act (ESSTA) became effective. The revisions changed ESSTA to be consistent with the New York Paid Sick Leave Law, and also added other requirements for employers. More information regarding the scope of these changes and their impact on employers can be found in our prior blog post.

Read More >> Employers with Employees in NYC Must Distribute Updated Earned Sick and Safe Time Notice Today