Can we count on an increase in M&A activity for the staffing industry in 2021? Will strategic buyers continue to dominate the market? What industry sectors will see the most activity? You now have the opportunity to tap into the expertise of Paul Mehring, Patrick Morin and Paul Pincus as they share their insight and answer your questions about what we can expect to see in the M&A landscape for 2021. Vince Grillo will moderate this discussion that’s sure to leave you with an educated outlook on the year ahead.

New York City Amends Its Sick Leave Law To Align With New York’s Statewide Sick Leave Law

On September 28, 2020, Mayor de Blasio signed into law amendments to New York City’s Earned Safe and Sick Time Act (the “Act”). The amendments, which went into effect on September 30, 2020, generally align the Act with New York’s recently enacted statewide sick leave law that also went into effect on September 30, 2020. However, several important differences described below exist between the two laws.

New York State Issues Reopening Requirements And Guidance For Office-Based Work

As part of its “New York Forward” reopening plan1 for “Phase II” businesses, New York State authorized office-based businesses (other than medical offices) to reopen on June 22, 2020; provided they meet certain “minimum” requirements in light of COVID-19. These requirements must be met for office-based businesses to reopen, as well as by office-based businesses that have already reopened. They are in addition to requirements of the New York State Department of Health (“DOH”) and applicable federal requirements (such as from the Centers for Disease Control and Prevention (“CDC”) and Occupational Safety and Health Administration (“OSHA”)).

New York City Enacts Ban On Pre-Employment Marijuana Testing

Last year the New York City Council by a vote of 40-4 enacted Int. 1445-A (the “Law”), which amends the New York City Human Rights Law to prohibit employers and staffing firms from pre- employment drug testing for marijuana and THC (the active ingredient in marijuana). The Law will go into effect on May 10, 2020. It is applicable to employers with four or more employees who physically work in New York City and, pending further guidance, only to those employees who physically work in New York City (including temporary employees of staffing firms).

New York State Enacts Covid-19 Sick Leave Law

In response to the COVID-19 pandemic, Governor Cuomo signed into law on March 18, 2020 the New York COVID-19 Sick Leave Law, S. 8901 (the “Law”). The Law, which was effective immediately, requires employers regardless of size to provide sick leave to their eligible employees who physically work in New York State. The sick leave to be provided is paid or unpaid leave, depending on the size and net income of the employer. Guidance issued by New York State on March 25, 2020 is attached to this Legal Advisory.

Families First Coronavirus Response Act

In response to the coronavirus pandemic (COVID-19), President Trump signed into law on March 18, 2020 the Families First Coronavirus Response Act, H.R. 6201 (the “Act”). This sweeping Act temporarily expands the federal Family and Medical Leave Act (“FMLA”) relating to COVID-19, creates a temporary federal paid sick leave program relating to COVID-19, expands unemployment insurance benefits, mandates insurance coverage of coronavirus testing, and expands nutrition and food assistance. This Legal Advisory focuses on the Act’s FMLA expansion and the paid sick leave program it creates, and includes the most recent attached guidance issued by the U.S. Department of Labor (“DOL”).

New York Enacts Statewide Ban On Salary History Inquiries

On July 10, 2019, Governor Cuomo signed into law bills A. 5308-B and S. 6549 (the “State Law”) that amends New York State’s Labor law to prohibit, statewide, employers from inquiring about or relying on the salary history of a job applicant or current employee in determining whether to offer employment to an individual or in determining the compensation of an individual. The State Law follows and supplements similar laws previously passed in New York City, Albany County, Suffolk County, and Westchester County, of New York State, and will go into effect on January 6, 2020.

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