Intro to New York Labor Laws

Governor Hochul recently signed an amendment to the Retail Worker Safety Act, which will now go into effect on June 2, 2025 (rather than March 3, 2025). The amendment changes training requirements for smaller retail employers. Employers with fewer than 50 retail employees must provide training upon hire and every two years thereafter, while those with 50 or more retail employees must provide training at hire and annually. As previously reported, the New York Department of Labor (DOL) will publish a model policy that retail employers can adapt. Retail employers should review the changes to the law and make preparations as needed. Employers are encouraged to monitor the New York DOL website for further guidance.

​​New York has passed the Fashion Workers Act which outlines the requirements for model management companies (MMCs) and their clients – businesses that hire their models. The Act protects models’ rights and has specific contracting, wage and hour, workplace safety, and artificial intelligence usage requirements. In addition to these requirements, the new law also requires MMCs to register their businesses with the New York Department of Labor. 

Businesses working with models should review their policies to ensure compliance.

New York’s Clean Slate Act went into effect on November 16, 2024. Under the Act, employers are restricted from discriminating against employees and job applicants based on sealed criminal records or asking them about sealed criminal information, with certain exceptions including sex-based offenses. 

New York employers are already required to furnish job applicants with the results of criminal background checks that result in adverse employment decisions. Under the Act, employers are now required to furnish job applicants and employees with a copy of their criminal history records found during background checks even if they do not intend to take an adverse employment action against them.  Employers must also notify employees of their right to seek correction of any inaccurate information. 

Employers are encouraged to review their current background check processes and policies and consult with legal counsel before taking adverse employment action.

Starting May 8, 2025, New York City’s lactation accommodation law will be updated to require employers with four or more employees to post their lactation room accommodation policy in a place accessible to all employees. In addition, covered employers must also provide written notice of the policy to new employees when they are hired. 

The updated law also requires that lactation accommodation policies are updated to include New York State requirements. Policies must state that employers are required to provide 30-minute paid lactation breaks and allow employees to use existing paid breaks or meal time for any additional time beyond the 30 minutes.

Governor Kathy Hochul has signed new legislation to allow all employees to file workers’ compensation claims for mental health issues resulting from work-related stress. Previously, such coverage was limited to first responders experiencing post-traumatic stress disorder. Under the new legislation, employees are no longer required to prove that their stress is greater than what typically occurs in the normal work environment. Employers can take proactive steps to prepare for this expansion including updating policies to address work-life balance, training managers to recognize signs of stress, and offering mental-health related resources.

New York Governor Kathy Hochul recently signed the Retail Workers Safety Act into law. Effective on or around March 3, 2025, the Act will require covered employers with 10 or more retail employees to adopt a workplace violence prevention policy as well as implement and conduct an interactive workplace violence prevention training program.

The policy should include elements such as workplace safety risk factors, prevention methods, and available provisions to victims, among others. The New York Department of Labor (DOL) will publish a model policy that retail employers can adapt. Workplace violence prevention training programs should cover de-escalation tactics, protection methods, active shooter drills, and other related topics. There are additional requirements for larger retail employers.

Retail employers should update their workplace violence prevention policies and procedures in accordance with the new law. Employers are also encouraged to monitor the New York DOL website for further guidance.