As Co-Chair of the Progressive Caucus, Ben Kallos frequently co-sponsored legislation, spoke at press conferences, at hearings, and on the floor of the City Council, and worked with advocates and industry to negotiate and pass legislation into law.
Using his experience as a Council Member, Kallos can bring knowledge of the legislative history, industry concerns, concessions from the Council, not to mention being able to identify discrepancies in agency enforcement. We can advise clients on compliance and employees on their rights.
Key employment laws co-sponsored or voted on by Kallos in the New York City Council that are overseen by the Commission on Human Rights:
- Fair Chance Act – Ban-the-Box – Co-Sponsor, Local Law 63 of 2015 and Local Law 4 of 2021 – Local Law 63 prohibits most employers in New York City from asking about applicant’s criminal records prior to making a job offer. Employers are also prohibited from rejecting, terminating, disciplining, or adverse action unless there is a direct relationship between the alleged or convicted crime and the job or employing the person poses an unreasonable risk to people or property. Local Law 4 added arrest records, sealed and unsealed violations, and pending adjournments in contemplation of dismissal.
- Stop Credit Discrimination in Employment Act – Local Law 37 of 2015 – prohibits employers from requesting a consumer credit check for the purpose of hiring, compensation, or any other employment decisions.
- Caregiver Protection – Co-Sponsor, Local Law 1 of 2016 – prohibits discrimination against a person giving care to a partner or relative.
- Pre-Employment Marijuana Testing – Co-Sponsor, Local Law 20 of 2019 – prohibits employers from testing most prospective employees for marijuana or THC.
- Salary History – Co-Sponsor, Local Law 67 of 2017 – prohibits employers from inquiring about or relying on salary history they may have obtained in setting compensation.
- Domestic Workers – Co-Sponsor, Local Law 88 of 2021, effective March 22, 2022 – expands all Title 8 Civil Rights protections to include domestic workers even if they are the sole employee in a home.
Key employment laws co-sponsored or voted on by Kallos in the New York City Council that are overseen by the Department of Consumer and Worker Protection:
- Paid Safe and Sick Leave Law (Expansion) – Co-Sponsor of Local Law 7 of 2014 & Local Law 97 of 2020 – Local law 7 extended covered employers from 15 to 5 or more employees and expanded definition of family to include siblings, grandparents, and grandchildren. Local law 97 conforms city law to New York State Labor Law as amended by the 2020 State Budget, to cover employers with 4 or more employees, providing 40 hours of unpaid or paid leave based on a $1 million income threshold and 56 hours of paid safe/sick leave for employers with 100 or more employees.
- Independent Contractors - Freelance Isn’t Free Act - Co-Sponsor, Local Law 140 of 2016 – establishes a right to a contract for an independent contractor on matters over $800 in any 120-day period, timely payment within 30 days, filing of complaints with DCWP, and freedom from retaliation.
- Stop Sexual Harassment Act – Local Laws 95 and 96 of 2018 – Employers with 15 or more employees are required to conduct annual sexual harassment prevention trainings for all employees and conspicuously hang a poster.
- Employee Retention
- Grocery Worker Retention Act – Co-Sponsor, Local Law 11 of 2016 – grocery stores exceeding 10,000 square feet must retain employees for 90 days after a change in control.
- Displaced Building Service Workers Protection Act (Expansion) – Co-Sponsor, Local Law 58 of 2016 – extends the law from owners to commercial tenants, specifically covers security guards and fire safety directors, and increases the salary cap from $25 to $35 an hour with annual adjustment for inflation.
- Fair Workweek
- Fast Food Workers – Co-Sponsor, Local Laws 1 and 2 of 2021 – fast food employers must give employees regular schedules, 14 days advanced notice on changes, premiums for schedule changes or back-to-back closing and opening shifts, the right to refuse extra works or these back-to-back shifts, the right to increase from part time before new employees are hired, protections from termination or a reduction of more than 15% of hours without just cause or a legitimate business reason, and a right reinstatement by seniority when hours become available following a layoff.
- Temporary Schedule Change Law – Co-Sponsor, Local Law 69 of 2018 – employees working more than 80 hours in a year who have been with an employer more than 120 days have a right to request temporary changes in work schedule for personal events up to twice a year including a change in hours, location, and leave which may be paid or unpaid.
- Pregnant Workers Fairness Act - Lactation Accommodations (Expansion) – Co-Sponsor, Local Laws 185 and 186 of 2018 – requires employers to adopt lactation policies, disqualifies bathrooms as lactation rooms, specifying that lactation rooms must offer privacy from other employees and electricity as well as having running water and refrigerated storage nearby.
- Reproductive Health – Co-Sponsor, Local Law 20 of 2019 – in the wake of the Hobby Lobby decision allowing an employer to restrict access to birth control, New York City passed a law to prevent employers from discriminating based on sexual or reproductive health decisions including birth control, fertility treatments, and abortion.
If you would like to learn more about how you and your company can comply with these laws or your an employee or job applicant who believes your rights may have been violated, we are here to help.