A surge of new employment laws and regulations is on the way this spring, and co-op and condo boards need to be prepared. Here are the big ones:
Arbitration. A new federal law voids pre-dispute arbitration agreements that require a party to arbitrate sexual assault or sexual harassment claims. An employee, even though he or she may have previously entered into such an agreement with an employer, will have the option to litigate his or her state or federal harassment claims either in the courts or through arbitration. While New York State enacted a law in 2018 that invalidated such agreements, there was a question about whether it was preempted by the federal law. This new federal law takes precedence.
Secondly, New York is establishing a hotline that, no later than July 14, 2022, will enable individuals to be in contact with pro bono attorneys who will provide sexual harassment-related counsel upon request. Employers will have to include the hotline number in their employment policies.
Whistleblowers. New York State recently expanded the scope of its general employee-whistleblower law, which prohibits employers from retaliating against employees who report concerns about violations of public health or safety. The law now protects whistleblowers who raise a concern regarding any “violation of law, rule or regulation.” The employee no longer has to afford the employer an opportunity to remedy the situation before reporting the alleged violation; the employee only has to “...
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