Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: January 19, 2015
The Firm
201-896-4100 info@sh-law.comOn April 1, 2014, the New York City Earned Sick Time Act took effect for businesses conducting operations in the five boroughs of New York City:
| Number of Employees | Amount of Sick Leave per Calendar Year | Paid or Unpaid Sick Leave | Rate of Pay |
| 5 or more Must work 80+ hours a calendar year* | Up to 40 hours | Paid | Regular hourly rate but no less than $8 per hour (minimum wage) |
| 1-4 Must work 80+ hours a calendar year | Up to 40 hours | Unpaid | Not Applicable |
| 1 or more domestic workers Must work 80+ hours per calendar year and have been employed by the same employer at least 1 year | 2 days | Paid | Regular hourly rate but no less than $8 per hour (minimum wage) |
Employers must provide each employee with written notice of the right to sick leave, including accrual and use of sick leave, the right to file a complaint, and the right to be free from retaliation. The notice must designate the “calendar year” to be used for record-keeping, including Start Date and End Date. Employees have a right to the notice both in English and, where applicable, in their primary language (if not English).
Employers must keep and maintain records documenting compliance with the law for at least three years. All required records must be available to the New York City Department of Community Affairs upon notice.
Employers with existing paid-time off policies are not required to offer additional leave, so long as the policy meets the requirements of the new law. Although many New York City employers may assume that their sick leave policies pass muster, a thorough review is recommended as businesses that violate the law face civil penalties of up to $1,000. Furthermore, this law should be regarded as the “beginning” and not the “end;” meaning, the expectations of the law typically evolve towards greater legal imposition and costs.
In November 2014, the New York City Department of Consumer Affairs published a series of rules for a sick leave policy under the Earned Sick Time Act.
Employers should understand that the right to request medical proof and documentation creates other legal exposures that should be carefully considered. Knowledge of the employee’s medical condition creates an issue with accommodation is the condition constitutes a disability. Further, issues of confidentiality and HIPAA compliance present serious legal issues that cannot be ignored.
Paid sick leave promises to be an important employment law issue in 2015. This is the perfect time to conduct a critical review of your current policies and compliance. We encourage you to check back for updates on additional legislation that may impact your business.
Are you a New York employer whose sick leave policy has been affected by these laws? If so, feel free to leave your thoughts and/or opinions in the comment section below.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: George McGowan

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Author: George McGowan

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
Author: George McGowan

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Author: George McGowan

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!