Over the veto of Mayor Michael Bloomberg, New York City will soon have what’s being called the nation’s toughest law against discrimination based on a job applicant’s employment status. The city council passed the law on March 13 despite Bloomberg’s veto. It will take effect in mid-June.

Currently, New Jersey, Oregon, and Washington, D.C., have laws against job advertisements that require applicants to be employed. New York City’s law goes a step further and allows applicants to file a complaint with the city’s Commission on Human Rights (CHR) or file suit if they believe they were rejected because of their unemployed status. Also, the law allows employers to inquire about an applicant’s employment status only if they have a job-related reason for doing so.

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by Katherine Ritts Schafer

An amendment to New York state’s Social Security Number Protection Law goes into effect today, and employers need to understand its implications.

Although there are a number of exceptions, employers generally are prohibited from requiring an individual to disclose or furnish his Social Security number (SSN) “for any purpose in connection with any activity.” The amendment also bars employers from refusing any service, privilege, or right to an individual, in whole or in part, because he refuses to disclose or furnish his SSN.

Exceptions

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A reminder for New York employers: If you haven’t already completed the Notice of Wage Payment forms required under the New York Wage Theft Prevention Act (WTPA), time is running out. The law, which took effect on April 9, 2011, requires covered employers to give written notice of wage rates to all new hires at the time of hire and annually to all employees by February 1. This year is the first year in which the annual notice has been required.

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by Traycee Ellen Klein and Erin Carney D’Angelo

On Monday, December 13, New York Governor David Patterson signed the Wage Theft Prevention Act (WTPA). According to the governor’s press release, the new law:

• enacts more stringent and transparent record-keeping and employee notification requirements;
• increases the amount of wages that can be recovered as damages in a suit for nonpayment over and above the lost wages themselves — from 25 percent to 100 percent, the amount allowable under federal law;
• creates stronger collection tools;
• raises criminal penalties for failure to pay minimum wage to up to a year in prison and a $5,000 fine; and
• strengthens protections for whistleblowers in cases involving wage violations.

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On September 5, 2008, New York Governor David A. Paterson signed into law Bill No. A10625, which amends New York’s General Business Law. Effective immediately, the amendment clarifies who must abide by New York’s Disposal of Personal Records Law, which relates to the disposal of records containing personal identifying information.

Personal identifying information consists of personal information, such as a name, number, personal mark, or other identifier, that can be used to identify a natural person, coupled with one or more data elements. Data elements range in type and are enumerated in the statute.

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