employment

Resolutions for 2019?  Here are a Few Small, Measurable Goals for New York Employers

The New Year typically invites personal reflection on what we’ve accomplished last year and what we resolve to improve in the coming year. But resolutions are often overly ambitious wishes that end up being unrealized.  I propose that in lieu of grand goals that are unrealizable, here are some smaller and measurable goals that every New York nonprofit employer should consider for 2019.

  1. Schedule Mandated Annual Trainings; Keep Postings Current

Effective April 1, 2019, NYC employers with 15 or more employees (including independent contractors) have until December 31, 2019 to implement sexual harassment prevention training for all employees and then must conduct such training annually.  NYC Commission on Human Rights has recently updated its FAQ, clarifying the deadline and other guidance on the law as well as training materials. Training should be provided to employees in their primary language (though not legally required).

For New York employers outside NYC or those with fewer than 15 employees in NYC, the deadline to complete sexual harassment prevention training for all employees that meets New York State’s standards is October 9, 2019Schedule your training now!

As of January 2019, employers that are State contractors must now submit an affirmation to New York State in connection with bids for such contracts that they have a sexual harassment policy and provide annual sexual harassment prevention training .

Both the State and the City have enacted new laws last year that require posting in a visible location in the workplace, including sexual harassment prevention postings.  Make sure your postings are current. 

  1. Update Employee Handbooks

There have been a spate of recent federal, State and New York City legal developments and so it’s a good idea to review your employee handbook and make necessary updates. Here are a few:

Employee Legal Protections under NYC and NYS Human Rights Laws

On January 20, 2019, the NYC Council passed a bill amending the NYC Human Rights Law to prohibit workplace discrimination by a covered employer against an employee for “sexual and reproductive health decisions.”   These are defined as “any decision by an individual to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions. Such services include, but are not limited to, fertility-related medical procedures, sexually transmitted disease prevention, testing, and treatment, and family planning services and counseling, such as birth control drugs and supplies, emergency contraception, sterilization procedures, pregnancy testing, and abortion.”  The law takes effect on May 20, 2019.

In January, New York State enacted Gender Expression Non-Discrimination Act (GENDA), amending New York State’s Human Rights Law to explicitly prohibit workplace discrimination based on gender identity and expression.

Lactation Accommodation (eff. March 18, 2019)

NYC employers with 4 or more employees must provide a “lactation room” unless doing so would pose an undue hardship to the employer and must implement a written lactation accommodation policy meeting certain requirements and provided to employees upon hire.  The lactation “room” must be a clean space, other than a bathroom, to express breast milk; it must be shielded from view and free from intrusion and have an electrical outlet, a chair, and a surface for a breast pump and personal items. The space must have access to running water and be in “reasonable proximity to” the employee’s work area.  There also must be a refrigerator suitable for breast milk storage “in reasonable proximity to” the employee’s work area.

NY Paid Family Leave (PFL)

New York Paid Family Leave may be used to bond with a new child, care for a family member with a serious health condition, or assist loved ones when a family member is deployed abroad on active military service.  In 2019, eligible employees are entitled to 10 weeks’ PFL at 55% of their average weekly wage, up to a cap of 55% of the current Statewide Average Weekly Wage of $1,357.11. The maximum weekly benefit for 2019 is $746.41.  Also, effective February 3, 2019, PFL may be used to care for a family member who is preparing for and recovering from surgery related to organ or tissue donation.

  Amended Rules for NYC Earned Safe/Sick Time Act (ESSTA)

In 2018, the NYC Department of Consumer Affairs Office of Labor Policy and Standards issued amended rules regarding ESSTA and updated its FAQ.

The updates include, but are not limited to, that covered NYC employers must distribute a written policy (“in a single writing”) addressing paid sick leave to all new hires, within 14 days of the effective date of any changes to the policy, and/or upon employee request and that the policy must also include a description of the confidentiality requirements of Section 20-921 of New York City’s Administrative Code. https://www1.nyc.gov/assets/dca/downloads/pdf/about/Paid-Sick-Leave-Law-Rules.pdf . It also updates and expands upon certain definitions.  Read more about the law in my earlier blog post. https://www.perlmanandperlman.com/nycs-earned-safe-and-sick-time-effective-may-5/

Temporary Schedule Changes

NYC’s Administrative Code was amended last year to required covered NYC employers to provide eligible employees with the opportunity to make temporary schedule changes for specified “personal events,” under certain conditions. Read more.   

  1. Ensure Workers are Properly Paid

Eff. 12/31/18:  NY State Minimum Wage increased to $15/hour for New York City employers with 11 or more employees; $13.50/hour for NYC employers with 10 or fewer employees; $12/hr. for Long Island and Westchester employers; and $11.10/hr. for employers in other parts of New York State.  Effective 12/31/19, minimum wage increases to $15/hr. for all NYC employers.   Salary thresholds for executive and administrative exemptions to overtime pay requirements also increased to $1,125/week ($58,500 annually) for NYC employers with 11 or more employees, and to $1,012.50/week ($52,650 annually) for NYC employers with fewer than 11 employees.

Review Worker Classifications and Job Descriptions.

Job responsibilities change over time and the job descriptions should keep up with those changes to ensure workers are properly classified as exempt or nonexempt from overtime pay laws, to clarify the essential functions of the job (in the event you need to provide that job description to the health care provider of an employee seeking reasonable accommodation for a disability), and to ensure performance evaluations are aligned with expectations set out in the job description.  Review those worker classifications as well to make sure they are still accurate based on salary threshold (where applicable) and the job duties.

  1. Know Your Obligations for Employees On Leave Or Out Sick And Know How To Handle Requests for Reasonable Accommodation

Whether your employee is out on disability, FMLA, NY Paid Family Leave, paid safe/sick (in NYC), short-term disability, worker’s compensation, or military leave, refresh your understanding of your legal obligations.

Refresh training of supervisors on legal obligations where an employee asks for a reasonable accommodation for a disability, pregnancy, childbirth or related medical condition, domestic violence victim status, lactation, sincerely held religious belief, or other legally protected category. Train your managers how to handle employee requests for reasonable accommodation, and how to engage in a “cooperative dialogue” now required under NYC’s Human Rights Law.  Read more.

  1. Review Personnel Files

New York has so many notice and record-keeping requirements that it’s sometimes hard to keep up.  It’s a good idea to review your personnel files annually to ensure you have all current notices and records, particularly those that you’re required to provide upon hire.

Last but not least, consult with your labor and employment counsel to head off any potential legal problems and ensure it is smooth sailing for 2019!

Our employment law department conducts workplace trainings, audits of your employment/personnel practices, and updates policies and employee handbooks. Please contact Lisa Brauner, Head of Perlman & Perlman LLP’s Employment Law Practice, at: lisa@perlmanandperlman.com or 212-889-0575 if you have any questions.

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who we work with

Our clients are diverse nonprofit organizations with a broad range of missions, as well as for-profit companies in evolving areas such as social enterprise, corporate philanthropy, joint ventures, technology-driven fundraising, and impact investing.

A.B. Data
AB InBev Foundation
Absolut Company
American Committee for the Weizmann Institute of Science
American Diabetes Association
American Friends of the Hebrew University
American Parkinson Disease Association
Association of Fundraising Professionals
Avalon Consulting
Baton Rouge Area Foundation
Black Lives Matter Global Network Foundation
Bleeding Blue for Good Fund
Bradley Cooper’s One Family Foundation
BrightFocus Foundation
Brooks Brothers
Chadwick Boseman Foundation for the Arts
Changing Our World
Charity Defense Council
Christian Appalachian Project
Doctors of the World/ Medecins du Monde
Doctors Without Borders/ Medecins San Frontieres
Drug Policy Alliance
Duke University
Emory University
Estee Lauder Companies, Inc.
Feed The Children
Food For The Poor
Gerald R. Ford Presidential Foundation
Grameen Foundation USA
Hope for New York
International Campaign for Tibet
International Crisis Group
International Justice Mission
J. Crew Group
Johns Hopkins University
Lautman Maska Neill & Company
Lawyers Committee for Civil Rights Under Law
LSU Foundation

Marts & Lundy
Meyer Partners, LLC
Milken Institute
NAACP Foundation
National Alliance on Mental Illness (NAMI)
National Marrow Donor Program
National Park Foundation
Natural Resources Defense Council
North Carolina State University
North Shore Animal League
Operation Smile
PBS Foundation
Pernod Ricard USA
PetSmart Charities
PopSockets
Population Action International
Project ORBIS International
Public Interest Communication
Rails to Trails
Redeemer Presbyterian Church
Rockefeller Philanthropy Advisors
Save the Children Federation
Sesame Workshop
Simon Wiesenthal
SOS Children’s Villages – USA
Subaru of America
The Little Market
Touro University
United States Equestrian Team Foundation
United Way Worldwide
University of Connecticut
University of Virginia
Vote.org
Whitney Museum of American Art
World ORT
World Wildlife Fund
YWCA USA

A.B. Data
Absolut Company
American Committee for the Weizmann Institute of Science
American Diabetes Association
American Friends of the Hebrew University
American Parkinson Disease Association
American Rivers
Association of Fundraising Professionals
Baton Rouge Area Foundation
BrightFocus Foundation
Burger King McLamore Foundation
Cancer Care
Carnegie East House and James Lenox House Association
Center for Car Donations
Changing Our World
Charity Defense Council
Christian Appalachian Project
Coca-Cola Scholars Foundation
Convoy of Hope
Cornell University
Doctors Without Borders/ Medecins San Frontieres
Drug Policy Alliance
Duke University
Emory University
Feed The Children
Gerald R. Ford Presidential Foundation
Grameen Foundation USA
Helen Keller Services
Hope for New York
Human Rights Watch
Humane Society of US
Indiegogo
International Campaign for Tibet
International Crisis Group
International Justice Mission
Japanese American National Museum
Johns Hopkins University
Lane Bryant Charities
Lautman Maska Neill & Company
Lawyers Committee for Civil Rights Under Law
LSU Foundation
Mattel
Meyer Partners, LLC
Milken Institute
National Breast Cancer Coalition
National Marrow Donor Program
Natural Resources Defense Council
North Carolina State University
North Shore Animal League
Obama Foundation
Operation Smile
PBS Foundation
Pernod Ricard USA
PetSmart Charities
Population Action International
Project ORBIS International
Public Interest Communication
Rails to Trails
Redeemer Presbyterian Church
Rock and Roll Hall of Fame and Museum
Rockefeller Philanthropy Advisors
Sesame Workshop
Simon Wiesenthal
SOS Children’s Villages – USA
Steinhardt Foundation
Subaru of America
United States Equestrian Team Foundation
University of Montana Foundation
University of Nevada, Las Vegas Foundation
Whitney Museum of American Art
World ORT
World Wildlife Fund
YMCA USA
YWCA of New York City
YWCA USA

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news & events

Our attorneys’ recent contributions to the media and nonprofit sector publications.

news & events

Check out our attorneys’ recent contributions to the media and industry publications.

Secure Your Data – Seriously, AFP New York Chapter News
As Jon Dartley, a data privacy and security attorney at Perlman and Perlman says, “It is vital to have the appropriate legal terms in the contract to protect your interests.”  Find out what your liability limit is.  Have it in writing who bears the responsibility and cost of a data breach.  And, have the vendor agree on a specific timeframe within which they need to advise you of a data breach.

Warning: Don’t Cut Legal Corners When Mixing Social And Business Impact,  Forbes
Particularly striking is that (Karen) Wu believes this is the “first multi-state regulatory activity involving cause marketing in almost two decades.”

Is stealing, then giving back, OK?
Cliff Perlman lends his advice on theft within a nonprofit.

Buyer Beware: Negotiating Terms in Technology Agreements
Jon Dartley provides tips on negotiating contracts with technology vendors.

Four Ways Charitable Giving Could Change with a Tax Overhaul
Cliff Perlman remarks on the possible threat of a change to charitable deduction.

How To Deal With Residual Data, Nonprofit Times
Jon Dartley’s advice on addressing “data exhaust”.

Secure Your Data – Seriously, AFP New York Chapter News
As Jon Dartley, a data privacy and security attorney at Perlman and Perlman says, “It is vital to have the appropriate legal terms in the contract to protect your interests.”  Find out what your liability limit is.  Have it in writing who bears the responsibility and cost of a data breach.  And, have the vendor agree on a specific timeframe within which they need to advise you of a data breach.

Warning: Don’t Cut Legal Corners When Mixing Social And Business Impact,  Forbes
Particularly striking is that (Karen) Wu believes this is the “first multi-state regulatory activity involving cause marketing in almost two decades.”

Is stealing, then giving back, OK?
Cliff Perlman lends his advice on theft within a nonprofit.

Buyer Beware: Negotiating Terms in Technology Agreements
Jon Dartley provides tips on negotiating contracts with technology vendors.

Four Ways Charitable Giving Could Change with a Tax Overhaul
Cliff Perlman remarks on the possible threat of a change to charitable deduction.

How To Deal With Residual Data, Nonprofit Times
Jon Dartley’s advice on addressing “data exhaust”.

perlman & perlman philanthropic sector law firm blue and green logo

click to exit page

perlman & perlman philanthropic sector law firm blue and green logo

click to exit page

silk lanterns

who we work with

Our clients are diverse nonprofit organizations with a broad range of missions, as well as for-profit companies in evolving areas such as social enterprise, corporate philanthropy, joint ventures, technology-driven fundraising, and impact investing.

who we work with

Our clients are diverse nonprofit organizations with a broad range of missions, as well as for-profit companies in evolving areas such as social enterprise, corporate philanthropy, joint ventures, technology-driven fundraising, and impact investing.

A.B. Data
AB InBev Foundation
Absolut Company
American Committee for the Weizmann Institute of Science
American Diabetes Association
American Friends of the Hebrew University
American Parkinson Disease Association
Association of Fundraising Professionals
Avalon Consulting
Baton Rouge Area Foundation
Black Lives Matter Global Network Foundation
Bleeding Blue for Good Fund
Bradley Cooper’s One Family Foundation
BrightFocus Foundation
Brooks Brothers
Chadwick Boseman Foundation for the Arts
Changing Our World
Charity Defense Council
Christian Appalachian Project
Doctors of the World/ Medecins du Monde
Doctors Without Borders/ Medecins San Frontieres
Drug Policy Alliance
Duke University
Emory University
Estee Lauder Companies, Inc.
Feed The Children
Food For The Poor
Gerald R. Ford Presidential Foundation
Grameen Foundation USA
Hope for New York
International Campaign for Tibet
International Crisis Group
International Justice Mission
J. Crew Group
Johns Hopkins University
Lautman Maska Neill & Company
Lawyers Committee for Civil Rights Under Law
LSU Foundation

Marts & Lundy
Meyer Partners, LLC
Milken Institute
NAACP Foundation
National Alliance on Mental Illness (NAMI)
National Marrow Donor Program
National Park Foundation
Natural Resources Defense Council
North Carolina State University
North Shore Animal League
Operation Smile
PBS Foundation
Pernod Ricard USA
PetSmart Charities
PopSockets
Population Action International
Project ORBIS International
Public Interest Communication
Rails to Trails
Redeemer Presbyterian Church
Rockefeller Philanthropy Advisors
Save the Children Federation
Sesame Workshop
Simon Wiesenthal
SOS Children’s Villages – USA
Subaru of America
The Little Market
Touro University
United States Equestrian Team Foundation
United Way Worldwide
University of Connecticut
University of Virginia
Vote.org
Whitney Museum of American Art
World ORT
World Wildlife Fund
YWCA USA

A.B. Data
Absolut Company
American Committee for the Weizmann Institute of Science
American Diabetes Association
American Friends of the Hebrew University
American Parkinson Disease Association
American Rivers
Association of Fundraising Professionals
Baton Rouge Area Foundation
BrightFocus Foundation
Burger King McLamore Foundation
Cancer Care
Carnegie East House and James Lenox House Association
Center for Car Donations
Changing Our World
Charity Defense Council
Christian Appalachian Project
Coca-Cola Scholars Foundation
Convoy of Hope
Cornell University
Doctors Without Borders/ Medecins San Frontieres
Drug Policy Alliance
Duke University
Emory University
Feed The Children
Gerald R. Ford Presidential Foundation
Grameen Foundation USA
Helen Keller Services
Hope for New York
Human Rights Watch
Humane Society of US
Indiegogo
International Campaign for Tibet
International Crisis Group
International Justice Mission
Japanese American National Museum
Johns Hopkins University
Lane Bryant Charities
LSU Foundation
Mattel
Meyer Partners, LLC
Milken Institute
National Breast Cancer Coalition
National Marrow Donor Program
Natural Resources Defense Council
North Carolina State University
North Shore Animal League
Obama Foundation
Operation Smile
PBS Foundation
Pernod Ricard USA
PetSmart Charities
Population Action International
Project ORBIS International
Public Interest Communication
Rails to Trails
Redeemer Presbyterian Church
Rock and Roll Hall of Fame and Museum
Rockefeller Philanthropy Advisors
Sesame Workshop
Simon Wiesenthal
SOS Children’s Villages – USA
Steinhardt Foundation
Subaru of America
United States Equestrian Team Foundation
University of Montana Foundation
University of Nevada, Las Vegas Foundation
Whitney Museum of American Art
World ORT
World Wildlife Fund
YMCA USA
YWCA of New York City
YWCA USA
Lautman Maska Neill & Company
Lawyers Committee for Civil Rights Under Law

perlman & perlman philanthropic sector law firm blue and green logo

click to exit page

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Vision

We view our clients as partners that share our commitment to bring about change in the world. Our goal is to provide them the peace of mind of knowing that they are in compliance with their legal obligations and to further empower them to achieve positive social impact and financial success.

Our Mission

Our mission is to provide the highest quality, integrity-driven legal services to our clients, using a practical, consultative, client-focused approach to identify and respond to problems and challenges.

We strive to maintain a culture characterized by respect, opportunity, diligence, mutual empowerment, entrepreneurship, and fair reward for efforts made on behalf of clients and the firm.

Perlman & Perlman is a Certified B Corporation

Certified B Corporations use the power of business to solve social and environmental problems. B Corps are unlike traditional businesses because they

  • Meet comprehensive and transparent social and environmental performance standards
  • Meet higher legal accountability standards
  • Build business constituency for good business