ATTORNEY ON LAW
Employment Law Madness, New York City Style But federal and state governments get in on the act, too. Lance Plunkett, J.D., LL.M.
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YSDA does not generally dwell on local law matters. For one thing, NYSDA is not registered to lobby in New York City. But when it comes to employment laws, it’s worth taking notice because New York City is often the catalyst for later statewide laws. And New York City employment laws do affect dental practices that are within the counties that make up New York City (Bronx, Kings, New York, Queens and Richmond). The new laws in question require posting the salary in any job opening listing, regulating the use of artificial intelligence in hiring practices, and toughening requirements on conducting employee background checks. But first, a look at a federal law that became effective in March. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, signed by President Biden on March 3, prohibits employers from using mandatory arbitration where an employee alleges sexual harassment or sexual assault. The employee now has the right to choose either going to court in such cases or going to arbitration. The choice is entirely the employee’s and he or she cannot be compelled to waive the right to choose. The law applies to all employers and preempts any contrary state law.
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APRIL 2022
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The New York State Dental Journal
New York had already tried to do this, but courts struck down the earlier New York law on the basis that it was preempted by the Federal Arbitration Act. Now, the Federal Arbitration Act has been amended to do what New York State wanted to do anyway. Meanwhile, in New York City The New York City law most likely to directly affect dental practices is Law #2022/032 amending Section 8-107 of the New York City Administrative Code to prohibit any employer within New York City from posting any job listing that does not include minimum and maximum salary information. The law, which will take effect on May 15, applies only to employers with four or more employees. It makes it an unlawful discriminatory practice for an employment agency, employer, employee or agent of such entities to advertise a job, promotion or transfer opportunity without stating the minimum and maximum salary for such position in the advertisement. The range may extend from the lowest to the highest salary the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.
