The Scoop

New York Laws

Discover important state and local employment laws for New York.
Share
Published: Jun 13, 2024

(New York City) NYC Prohibits Employer Agreements with Shortened Windows for Bringing Claims

(New York City) NYC Prohibits Employer Agreements with Shortened Windows for Bringing Claims
Share
Update Effective: May 11, 2024

New York City recently passed a law that prohibits employers from imposing shorter length of time requirements to file complaints and lawsuits than those outlined by the NYC Human Rights Law (NYCHRL).  Employers should review all of their agreements and policies that might set limitations on bringing claims for their NYC employees, and speak to counsel on the need to update those company documents and procedures accordingly.

Read More
Published: May 16, 2024

New York Sets End Date for COVID-19 Sick Leave Requirements

New York Sets End Date for COVID-19 Sick Leave Requirements
Share
Update Effective: Immediately

New York’s Paid Leave for COVID-19 requirements will end on July 31, 2025. Until that time, employers will continue to be required to provide time off for employees who are under a mandatory quarantine or isolation order due to COVID-19. Employer size will determine the length of the leave and whether it will be paid. This required COVID-19 leave is in addition to paid sick and safe leave requirements. Employers should maintain their existing policies and procedures through July 2025 to comply with the existing COVID-19 eligibility, benefits, and record-keeping requirements.

Read More
Published: May 16, 2024

New York Mandates Paid Prenatal Leave and Lactation Breaks

New York Mandates Paid Prenatal Leave and Lactation Breaks
Share
Update Effective: June 19, 2024 and January 1, 2025

New York passed legislation that will require all employers to provide pregnant workers in New York with 20 hours of paid prenatal care leave for each calendar year, effective January 1, 2025. Employees will be entitled to use this leave for medical appointments, procedures, tests, and discussions with healthcare providers in hourly increments; this leave will be in addition to paid sick leave requirements. The state is expected to provide interpretative guidance prior to the effective date.

New York continues to expand the scope of rights for nursing parents, as it did last year, and will now require employers to provide paid break time for nursing parents. Effective June 19, 2024, this new law will allow nursing employees to take 30-minute paid lactation breaks as needed, in addition to their regular paid or unpaid meal or break time. This accommodation must be provided for up to three years following childbirth. 

Employers should review and revise their paid leave policies and break policies to include prenatal care leave and lactation breaks that reflect the new requirements.

Read More
Published: Apr 19, 2024

(New York City) NYC Workers’ Bill of Rights Website and Poster Released

(New York City) NYC Workers’ Bill of Rights Website and Poster Released
Share
Update Effective: July 1, 2024

In February, we shared news about New York City (NYC) officials planning to release the Workers’ Bill of Rights by March 1. The Workers’ Bill of Rights has now been made available and mandates that NYC employers must give a copy to current employees by July 1, 2024 and to subsequent new hires thereafter. The Workers’ Bill of Rights lays out protections for NYC based employees, covering topics like minimum wage, sick leave, paid family leave, anti-discrimination policies, and the right to unionize, amongst others. Employers are required to post a notice of the Bill of Rights, along with a QR code linking to the website, by July 1, and to separately share it with current employees and all new hires. 

Impacted Justworks PEO customers who subscribe to our poster service will receive a new poster for their office locations and remote employees in NYC. Ahead of the July 1 deadline, Justworks will add the notice to the PEO employee onboarding flow for all new hires in NYC and to the Documents section for employees of our PEO customers who work in NYC. PEO customers should encourage existing employees to sign into their accounts and view this document.

Read More
Published: Mar 14, 2024

Employer Access to Employees’ Personal Social Media Accounts Restricted in New York

Employer Access to Employees’ Personal Social Media Accounts Restricted in New York
Share
Update Effective: March 12, 2024

Effective March 12, 2024, a new state law signed by New York Governor Kathy Hochul will prevent employers asking their employees or job applicants for the usernames or passwords to their personal social media accounts. Employers are also restricted from having employees log into their personal accounts, and showing pictures or posts from these accounts. This new law aims to protect people's privacy on social media while at work. Of note, this law will not prevent employers from viewing or accessing information about an employee or job applicant that is publicly available without login information.

Read More
Published: Feb 15, 2024

(New York City) New York City Employers Required to Provide Worker Bill of Rights to Employees

(New York City) New York City Employers Required to Provide Worker Bill of Rights to Employees
Share
Update Effective: March 1, 2024 and July 1, 2024

New York City has enacted a law requiring employers to distribute a "Workers' Bill of Rights" to all employees by July 1, 2024. Employers that use a website or mobile application to regularly communicate will also be required to post the notice through those means.

The notice is expected to include information about rights under federal, state, and local law for employees, job applicants, and independent contractors, regardless of immigration status.  It is also expected to provide information about the right to form a union.

The Department of Consumer and Worker Production (DCWP), along with other city agencies and organizations, will finalize and post this Bill of Rights by March 1, 2024.

Read More
Published: Jan 18, 2024

New York Minimum Wage and Salary Increases Adopted by NYDOL

New York Minimum Wage and Salary Increases Adopted by NYDOL
Share
Update Effective: January 1, 2024

In November, we covered the new Minimum Wage and Minimum Salary Threshold Increase proposals for Westchester, New York City, and Long Island. The New York Department of Labor (NYDOL) issued a notice on December 27, 2023 formally adopting these increases, making them effective on January 1, 2024. Affected employers should review employee wages and make changes as necessary.

Read More
Published: Jan 18, 2024

New York Enacts Statewide “Freelance Isn’t Free Act”

New York Enacts Statewide “Freelance Isn’t Free Act”
Share
Update Effective: May 20, 2024

In November, Governor Hocul signed the "Freelance Isn’t Free Act", which enhances protections applicable to freelance workers who provide services in exchange for an amount equal to or greater than $800 within a 120 day period. The Act, which will be effective on May 20, 2024, requires businesses to establish a contract with the worker that defines work terms, pay, and payment deadlines. The Act also requires companies to issue payments within 30 days of service completion. Lastly, the law empowers the Commissioner of Labor to oversee contractual compliance and prohibits retaliation against freelancers. Businesses should consult legal counsel to ensure compliant practices, and New York City businesses must also adhere to these state-level requirements in addition to existing city laws.

Read More
Published: Nov 9, 2023

New York Increases Salary Threshold for Certain Labor Law Exemptions

New York Increases Salary Threshold for Certain Labor Law Exemptions
Share
Update Effective: March 13, 2024

The Governor of New York has signed a new law that will change the applicability of wage protections under Article 6 of the New York Labor Law (NYLL), which generally regulates the method and frequency of wage payments. Some of these requirements are inapplicable to employees who fall under “executive,” “administrative” or “professional” employees and are paid a designated minimum salary. This amendment raises the minimum salary threshold from $900 per week to $1,300 per week and increases wage protections for these employees. Notably, this increase does not impact the state salary threshold for executive or administrative employees to be classified as exempt.

In light of the new law, all executive, administrative, or professional employees who earn less than $1,300 per week need to be paid at least semi-monthly and via direct deposit.  Failing to pay wages within 30 days of the required payday to an executive, administrative, or professional employee who earns less than $1,300 per week will constitute a misdemeanor.

Read More
Published: Nov 9, 2023

Change to Notice of Unemployment Eligibility

Change to Notice of Unemployment Eligibility
Share
Update Effective: November 13, 2023

Effective November 13, 2023, New York employers will be subject to expanded requirements to provide written notice of unemployment eligibility to employees, including upon permanent or temporary separation of employment, reduction in hours, and any other interruption in continued employment that results in total or partial unemployment. Employers should continue using the NYS DOL Record of Employment when employees separate.

Read More
Published: Nov 9, 2023

New York Prohibiting Social Media Disclosure

New York Prohibiting Social Media Disclosure
Share
Update Effective: November 13, 2023

Employers in the state of New York will be prohibited from requesting, requiring, or coercing any employee or any applicant to disclose their personal social media information which includes username, password, access to the individual's personal account, photographs, video, or other information contained within a personal account.

Read More
Published: Nov 9, 2023

New York Minimum Wage Upcoming Increases

New York Minimum Wage Upcoming Increases
Share
Update Effective: January 1, 2024

New York State has proposed regulations that would adjust industry-specific wage standards to the upcoming increases in the state's minimum wage. Starting from January 1, 2024, individuals falling under the executive or administrative employee exemption category will be required to earn a minimum of $1,200.00 per week, or $62,400.00 annually, if located in New York City, Westchester, or Long Island. For those in other parts of New York, the exemption mandates a weekly income of $1,124.20 or an annual sum of $58,458.40. Employers should review and update salaries for all employees in preparation for the January 2024 deadline.

Read More

Need employment law & compliance support?

We've got your back with The Scoop, a monthly newsletter you can subscribe to for the latest compliance updates.
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.
Ebook

Download our free ebook

Scale your business and build your team — no matter which way it grows. Access the tools, perks, and resources to help you stay compliant and grow in all 50 states.

Download
Kindle