On Tuesday, April 15, New York City Mayor Bill de Blasio signed a law to protect interns working in New York City from discrimination, harassment and retaliation by their employers. This new law takes effect on June 14.
The New York City Council introduced and passed the bill in March 2014 in response to a federal district court decision holding that New York State and City laws did not protect unpaid interns from sexual harassment, because they did not qualify as "employees." See Wang. v. Phoenix Satellite Television U.S., Inc., 2013 U.S. Dist. Lexis 143627.
Once the new law takes effect, all protections afforded to employees under the New York City Human Rights Law ("NYCHRL") will also be afforded to interns. Specifically, interns will now be protected against unlawful discriminatory practices on the basis of their actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation, alienage or citizenship status, or status as a victim of domestic violence, sex offenses or stalking. The new law also extends employers' obligations to provide reasonable accommodations for disabilities and religious observances to interns.
The new law defines "intern" as someone who performs work for an employer on a temporary basis whose work:
(a) provides training or supplements training given in an educational environment such that the employability of the individual performing the work may be enhanced;
(b) provides experience for the benefit of the individual performing the work; and
(c) is performed under the close supervision of existing staff.
Day Pitney Alert
Day Pitney Alert
Day Pitney Alert
Heather Weine Brochin and Gregory Tabakman authored an article entitled "Third Circuit Advises that Employer Must Pay Employees for Short Rest Breaks," which was published by the New Jersey Law Journal.
Day Pitney partner Francine Esposito will speak at the upcoming webinar "Workplace Leave Laws: Strategies to Navigate the Changing Landscape in the U.S." Taking place on Sept. 14 at 2 p.m., the webinar is the first in a series of webinars hosted by the Employment Law Alliance (ELA) on workplace leave laws around the globe.
John McLafferty was quoted in an article, "Employment Lawyers Leery of Bill Banning NDAs, Arbitration," published by Massachusetts Lawyers Weekly.
Heather Weine Brochin was quoted in an article, "Confidentiality Disqualifies Harassment Settlement Tax Deductions," published on the Society for Human Resource Management (SHRM) website.
John McLafferty was quoted in an article, "How Employers' Haunted House and Fright Night Went Way Wrong," published on the Society for Human Resource Management (SHRM) website.
Michael Furey was quoted in an article, "The Biggest New Jersey Cases of 2016," which was published in Law360.
Michael Furey was quoted in an article, "NJ Panel Grills Hospitals Over Discovery In Horizon Row," in Law360. Day Pitney is representing five New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Furey advocated on behalf of the five hospitals on Wednesday before a New Jersey appeals court that Horizon should turn over a consultant's report and certain agreements relating to how Horizon categorized hospitals under its controversial OMNIA Alliance program and the impact of OMNIA on the hospitals. These Tier 2 hospitals are alleging various claims, including breach of contract and citing concerns that being ranked in the lower tier of the program will cost them business. Horizon contends the sought-after materials, including a financial analysis, strategic alliance agreements and rate agreements between the insurer and OMNIA network hospitals, contain trade secret and confidential information. "If we're going to prove our hospitals should be Tier 1 alliance members, we need the documents and the information," Furey said.