2020Directory_FNL_FlippingBook

2020 MEMBERSHIP DIRECTORY & SERVICES GUIDE HOT TOPICS

Compliance For New York City Dealers

Exceptions to the new “Fair Workweek” laws are limited to the following situations: • Employees may consent in writing to allow the employer to take otherwise prohibited action within the 72- hour period; • Employers may make changes where their operations cannot begin or continue due to: • threats to the retail employees or the retail employer’s property; • the failure of public utilities or the shutdown of public transportation; • a fire, flood, or other natural disaster; or • a state of emergency declared by the President of the United States, Governor of New York, or Mayor of New York City. Cooperative Dialogue: Dealers must engage in cooperative dialogue when an employee requests an accommodation related to religious needs, a disability, pregnancy/childbirth/a related condition, or as a victim of domestic violence/sex offenses/stalking. Lactation Accommodation and Policy: Dealers must provide lactation space, break time, and a written lactation policy. The policy must include: • A statement that employees have the right to request a lactation room and the process for making a request; • That the dealership will respond to requests within five days; • A procedure for how to handle multiple employees needing to use the lactation room at the same time; • A statement that the dealership will engage in a cooperative dialogue if an employee’s request poses an undue hardship. The lactation roommust: • Be a sanitary place, not a restroom, that employees can use to express breast milk; • Be free from intrusion and parents using it must be shielded from view; • Have an electrical outlet, chair, and surface on which to place a breast pump and other personal items; • Have nearby access to running water; • Be in “reasonable proximity”to the employee’s work area. • Dealers must provide a refrigerator suitable for breast milk storage in reasonable proximity to the employee’s work area. • Where the retail employee requests time off; or • Where two employees voluntarily trade shifts.

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