New York

Federal Arbitration Act Preempts New York’s Bar On Agreements To Arbitrate Sexual Harassment Claims, Court Rules 

New York State

From JDSupra, Brendan Sweeney reports that New York’s statute that prohibits arbitration agreements for sexual harassment claims is preempted by the Federal Arbitration Act (FAA). This is good news for companies that engage with independent contractors and enter into arbitration agreements because it affirms the enforceability of arbitration agreements despite individual state laws that might…

New York State Significantly Expands its Workplace Harassment Laws (Again) 

New York State

From JDSupra, Emily Haigh and Devjani Mishra report on changes to New York’s harassment laws which strengthened the law and made it more broadly applicable to independent contractors. Emily and Deviani write: New York Employers May be Held Liable for Discrimination of any Kind Against a Contractor. New York State expanded its sexual harassment protections last year to…

New York City Sets Minimum Wage for Independent Contractors of Ride-Hailing Companies 

new york city traffic

From Lexology, Jeffrey H. Ruzal and Carly Baratt report that New York City has set minimum rates for ride sharing companies such as Uber and Lyft. They write: On December 4, 2018, New York City’s Taxi and Limousine Commission (“TLC”) voted to require ride-hailing companies operating in New York City to compensate its drivers who are treated…

New York’s Ban on Arbitration of Sexual Harassment Claims: Can it Survive Federal Preemption? 

woman with blue shirt #metoo

  From Lexology, Seyfarth Shaw LLP discusses the recent New York statute that prohibits an arbitration agreement that requires claims of sexual harassment to be arbitrated and whether the statute will survive federal preemption under the Federal Arbitration Act (FAA). They write: In light of these precedents, the new CPLR provision concerning harassment claims appears to have…

New York officials recognize three Uber drivers as employees

New York State

  From engadget, Mariella Moon reports that Uber will be required to pay unemployment taxes for its driver in New York because they will be considered employees. Mariella writes: New York authorities have reached a decision that could change the way Uber drivers are classified — at least when it comes to unemployment insurance. The New York State Unemployment…

New York State Court Declines To Compel Arbitration, Cites Purported Ambiguities In Mobile Contracting Process 

New York State

  From Mondaq,  Jeffrey D. Neuburger discusses a recent case in which a New York court refused to enforce an arbitration agreement in an online contract. Jeffrey writes: Courts are increasingly taking a magnifying glass to electronic contracting processes, particularly how the presentation of the terms of service and call to action are displayed.  As such, companies…

New York court says Postmates courier is IC, not employee

Postmates about page

  Staffing Industry Analysts (SIA) reports that a New York appellate court found a Postmates courier to be an independent contractor. It says: The court’s 3-2 ruling reverses an earlier finding from the Unemployment Insurance Appeal Board that Postmates couriers were employees and the company was liable for paying unemployment insurance as well as other…

New York Enacts Sweeping Sexual Harassment Legislation

Nathan S. Gibson -- what can I do

  From Lexology, Jacklyn J. Ford and Michael C. Griffaton discuss changes in the laws of New York that prohibit harassment of independent contractors.  They write: HARASSMENT OF NON-EMPLOYEES IS PROHIBITED (EFFECTIVE IMMEDIATELY) It is now an unlawful discriminatory practice for an employer to permit sexual harassment of contractors, subcontractors, vendors, consultants, or other persons providing services…

NY Provides Protections from Sexual Harassment to Contractors

New York State

  From Politico, Marie J. French discusses the New York state budget and a provision that extends protections from sexual harassment to independent contractors and other non-employees. Marie writes: Critics say new protections against workplace sexual harassment are inadequate, although it’s likely that Gov. Andrew Cuomo and legislative leaders will hail them as a key achievement.…

New York City’s “Freelance Isn’t Free” Act Also Isn’t Waivable 

Freelance

From JDSupra, Andrew Lauria, Rebecca Carr Rizzo, and Kenneth Taber discuss the regulations published by the New York City Department of Consumer Affairs implementing the Freelance Isn’t Free Act.  They write: The Freelance Isn’t Free Act is a recent New York City law that went into effect on May 15, 2017. As previously reported in our Client Alert, “NYC…