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.
On August 15, Michael Dell will present a live webinar, "Top 10 Ways Supervisors and Managers Create Legal Risks for Your Workplace Under Federal Law," sponsored by BLR.
On July 11, partner Francine Esposito will present a live webinar, "FMLA Leave Is Exhausted: How to Address Transfer and ADA Accommodation Requests, Fitness-for-Duty Exams, and More," sponsored by BLR.
Heather Weine Brochin and Theresa Kelly authored Employee Privacy Laws: New Jersey, a Q&A guide published by Thomson Reuters Practical Law.
Theresa Kelly and Alba Aviles authored an article, "The Weighty Matter of Obesity in the Workplace," which was published in the May 2019 edition of Employee Benefit Plan Review.
On May 31, Francine Esposito will serve as the moderator and speak on a multi-national panel of attorneys on the topic of "Unions in the Workplace," at the 2019 Lex Mundi Labor and Employee and Employee Benefits and Pension Joint Practice Group Global Meeting in Boston.
Day Pitney Press Release
Gary Betensky and Michael Napoleone were featured in a profile, "Day Pitney LLP: Firm Expands to Better Serve South Florida Clients," published in the March issue of The Boca Raton Observer magazine.
Day Pitney associate Arianna Mouré was featured in an article, "Practicing Law and Contributing to the Greater Good," published in the Fall/Winter 2018 edition of the Rutgers University School of Arts and Sciences Access Newsletter.
Heather Weine Brochin was quoted in an article, "Confidentiality Disqualifies Harassment Settlement Tax Deductions," published on the Society for Human Resource Management (SHRM) website.