.jpg?width=1170&name=FranklyHR_blog_Header%20(1).jpg)
Previous Updates
Several New Employment Laws 
Signed by Governor Kathy Hochul, the new measures affect key areas of workplace compliance, including restrictions on training repayment agreements, limits on credit checks during hiring, expanded anti-discrimination standards, and new safety requirements for healthcare facilities. Trapped at Work Act Assembly Bill 584C prohibits all employers from requiring current or prospective workers to sign, as a condition of employment, an employment promissory note requiring repayment of training costs if the worker leaves employment before the passage of a stated time period. Such agreements or clauses are sometimes called training and retention repayment provisions (TRAPs) or "stay-or-pay" clauses. The law declares such provisions to be against public policy and unenforceable. Employer is defined to include any subsidiary or contractor of the employer, and worker includes an employee, independent contractor, extern, intern, volunteer, or apprentice. The law does not prohibit or render unenforceable any agreement requiring workers to repay wage advances that were not used for employment-related training, or to pay for the cost of property sold or leased to employees. Also excluded are any payments required under a program covered by a collective bargaining agreement. Credit Check Limitations Effective April 18, 2026, Senate Bill 3072 prohibits most employers from using credit history in employment decisions. Specifically, an employer may not request or use an applicant's or employee's consumer credit history for employment purposes, or discriminate on the basis of credit history, unless one of eight exceptions applies. Consumer credit history refers to an individual's creditworthiness, credit standing, credit capacity, or payment history, as indicated by a consumer credit report, credit score, or information obtained directly from the individual. Violence-Prevention Programs for Healthcare Employers Senate Bill S5294A requires general hospitals and nursing homes (as defined under state law) to establish a workplace violence-prevention program no later than September 18, 2027. Starting January 1, 2027, and once a year thereafter, general hospitals will be required to conduct a workplace safety and security assessment and develop a safety and security plan that addresses identified workplace violence threats or hazards. Effective September 18, 2026, a hospital's emergency department (ED) will be required to have a security officer on premises at all times, either in the ED (for hospitals located in cities or counties with a population of 1 million or more) or near the ED (for hospitals in smaller localities). Disparate Impact Senate Bill 8338 amends the New York State Human Rights Law (NYSHRL) to officially recognize disparate impact liability. Under the law, an employment practice can constitute unlawful discrimination if it results in a disparate impact on a protected class, even if there is no discriminatory intent. An employer can defend a challenged practice by showing that:
- It is job-related and consistent with business necessity; and
- There is no alternative practice that would serve the same business purpose with less discriminatory effect.
The federal government's recent retreat on disparate impact likely motivated the bill. Although disparate impact liability is part of Title VII of the Civil Rights Act of 1964, an April 2025 executive order characterized it as "contrary to equal protection under the law" and directed the Equal Employment Opportunity Commission (EEOC) to deprioritize disparate impact cases. New York City ESSTA Amendments Effective February 22, 2026, amendments to New York City's Earned Safe and Sick Time Act (ESSTA) include:
- Allowing safe/sick time under the City’s Earned Safe and Sick Time Act (ESSTA) to be used to provide care for a child or care recipient, to attend a legal proceeding for subsistence benefits or housing, to respond to a public disaster, or to respond to workplace violence.
- Providing an additional 32 hours of unpaid safe/sick time under ESSTA, which would be available for use immediately upon hire and subsequently on the first day of each calendar year. The unpaid safe/sick time would replace the two days that were provided by the City’s Temporary Schedule Change Act (TSCA), however, employees would still be able to request temporary changes to their work schedule subject to approval by their employer.
Bill Search and Legislative Information | New York State Assembly
- Adopt the New York State model retail workplace violence prevention policy or establish their own policy.
- Utilize the New York state model workplace violence prevention training program or establish their own training program.
- Provide certain written information and notices to all employees upon hire and annually thereafter.
https://www.nyc.gov/site/dca/workers/worker-rights.page
The New York City Council - File #: Int 0892-2024
- Hotel operators must obtain a hotel license from the Department of Consumer and Worker Protection (DCWP) to legally operate a hotel in the City;
- For hotels with 100 or more guest rooms, the hotel owner must directly employ all core employees, with limited exceptions; and
- Each hotel must maintain specified health and safety conditions for guests and hotel workers.
- There has been an extension of the effective date for workplace violence prevention policies, training, and notice provisions from March 4, 2025, to June 2, 2025.
- Employers with fewer than 50 retail employees now only need to provide workplace violence training to their retail employees upon hire, and then every other year, rather than annually.
- “SRBs are now required for employers with 500 or more retail employees statewide rather than nationwide. Still effective January 1, 2027.
- New York State model templates will now be issued in English and the twelve most common non-English languages spoken in New York (as determined by data published by the United States Census Bureau).
- Adopt the New York State model retail workplace violence prevention policy or establish their own policy.
- Utilize the New York state model workplace violence prevention training program or establish their own training program.
- Provide certain written information and notices to all employees upon hire and annually thereafter.
- 20 hours of leave will be automatically available to all employees
- Leave can be used for a number or reasons, including purposes beyond “active” pregnancies.
- Leave is limited to the individual receiving prenatal medical care.
- Employers cannot request confidential medical information to verify leave qualification.
- The 20 hours restarts each 52-week period, not each pregnancy.
- Employers do not have to pay out unused leave upon termination or year-end (i.e., no accrual).
- The employee must take the leave in increments of at least one hour.
- The employee should be paid their regular rate of pay or the statutory minimum wage, whichever is higher, when taking leave.
- There is no tracking/pay stub notice required; but it is a best practice to maintain records of available leave and amounts for an employee to access.
- Ethnicity;
- National origin;
- Age;
- Disability; and
- Sex, which includes:
- Sexual orientation;
- Gender identity;
- Gender expression;
- Pregnancy;
- Pregnancy outcomes; and
- Reproductive healthcare and autonomy.
-
Protects laws and programs that aim to prevent or dismantle discrimination.
-
Provides that one protected characteristic may not be used as a basis for discriminating or denying a person's rights based on another protected characteristic.
2024 Statewide Ballot Proposal | New York State Board of Elections
- From $1,200.00 per week to $1,237.50 per week for employers in New York City, Nassau County, Suffolk County and Westchester County; and
- From $1,124.20 per week to $1,161.65 per week for employers in the remainder of New York.
Policy on the Rights of Employees to Express Breast Milk (ny.gov)
- Enter into written contracts;
- Make timely payments (within 30 days); and
- Refrain from retaliation.
DCWP - Information for Employees about NYC Temporary Schedule Change Law
Effective November 13, 2023, employers are required to provide notice of the right to file for unemployment insurance benefits to an employee who has been terminated, has had scheduled work hours reduced or whose continued employment has been interrupted. The form may be downloaded here: https://dol.ny.gov/system/files/documents/2021/02/ia12_3.pdf.
New York City was the first to pass a law regulating employers' use of automated employment decision tools (AEDTs) in hiring and promotions. The law requires employers to audit their HR technology systems for bias and publish the results. This took effect earlier this year, but enforcement was delayed while clarifications in the regulations were ironed out. The New York City Department of Consumer and Worker Protection has released FAQs to accompany the enforcement, providing more clarification on some of the law's provisions. The FAQs clarify that the law applies to employers and employment agencies only when the job is located in New York City.
Click here for the FAQs.
.
Effective November 22, 2023, New York City employers with four or more employees are prohibited from discriminating against an individual on the basis of height or weight.
There are exceptions for:
- Uses of height or weight in employment decisions that are required by federal, state or local law;
- Situations in which a person's height or weight could interfere with essential job duties; and
- Jobs or job categories for which consideration of height or weight criteria is reasonably necessary for the employer's business operations.
In addition, the law does not affect weight management programs that are part of voluntary wellness programs.
Stronger Penalties For Wage Theft
Captive Audience Meetings
- Communicating information that the employer is legally required to communicate;
- Communicating information that is necessary for employees to perform their job duties;
- An institution of higher education from meeting with or participating in any communications with its employees that are part of coursework, any symposia or an academic program;
- Casual conversations between employees or between an employee and employer or employer's representative, provided participation is not required; or
- A requirement that is limited to supervisory and managerial employees.
Pay Transparency Law
- The compensation, or a range of compensation, for the position; and
- The job description for the position, if one exists
Human Trafficking Training for Lodging Facilities
Employees who are employed by a lodging facility on July 20, 2023, must receive training by November 20, 2023. New employees must receive training within their first 60 days of employment.
The law requires the training to take place on the lodging facility premises during paid time.
New York City App-based Restaurant Delivery Worker Requirements
- Workers must be paid at least once a week.
- The app must tell the worker how much a customer tips for each delivery.
- The app must also tell the worker their total pay and tips for the previous day.
- The delivery worker can limit their maximum delivery distance.
- The app must tell the worker the route details before accepting a delivery, including address, estimated time and distance for the trip, the amount of the tip (if known), and pay.
- The app must provide a free insulated food delivery bag to the driver after six deliveries.
- Delivery workers must also have access to restaurant bathrooms when picking up orders.
Carlos' Law
An employee now includes any person providing labor or services for remuneration for a private entity or business within New York state without regard to an individual’s immigration status and includes part-time workers, independent contractors, apprentices, day laborers, and other workers. The penalties for criminal corporate liability for the death or serious injury of an employee now include maximums of $500,000 when centered on a felony, and $300,000 when centered on a misdemeanor.
S 621B and A 4947B: https://legislation.nysenate.gov/pdf/bills/2021/S621B
Expanded Required Lactation Accommodations
If compliance with these requirements would impose an undue hardship on an employer, the employer must make reasonable efforts to provide a location other than a restroom or toilet stall that is in close proximity to the work area where an employee can express breast milk in privacy.
The law has also notice requirements and anti-retaliation protections. For additional information and resources, click here.
Warehouse Worker Quotas
- Employee was amended to clarify that the WWPA applies only to non-exempt employees under the state overtime law, and to exclude “Drivers or couriers to or from a warehouse distribution center.”
- Employer was amended to increase the threshold for coverage by the WWPA for multiple warehouses across the state from 500 to 1,000 employees in the aggregate. The threshold for coverage at a single site remains the same, at 100 employees.
- Warehouse distribution center was amended to exclude Farm Product Warehouses.
New York City Automated Tools in Hiring
- The tool has been the subject of a bias audit within the last year; and
- The results of the most recent bias audit of the tool have been made publicly available on the employer or employment agency's website prior to the use of the tool.
Model Sexual Harassment Policy
The updates to the policy include adding gender identities and examples of sexual harassment and retaliation. The model policy also addresses ways for bystanders to intervene when they witness sexual harassment in the workplace.
Click here to see additional New York resources and requirements.
Albany County Pay Transparency
Temporary employment at a temporary help firm is excluded from the requirement.
You can learn more by clicking here.
Veterans Poster
Click here for the poster.
Warehouse Worker Protection Act
Covered employers must provide each employee, upon hire, or within 30 days of the effective date of this law, a written description of each quota and any potential adverse employment action relating to the same. Each time the quota changes, the employer must provide an updated description within two business days. Anytime an employee has corrective action, they must also be provided with the applicable quota.
Protections Based on Citizenship and Immigration Status
The law does not expressly ban employers from checking the citizenship or immigration status of current and prospective employees for lawful purposes, such as to comply with the Immigration Reform and Control Act of 1986 (IRCA), which prevents employers from knowingly hiring undocumented immigrants or individuals who are not authorized to be employed in the United States. Thus, employers are permitted to take adverse actions against individuals where obligated to do so by law.
Pay Transparency Law
The pay transparency law applies to employers with four or more employees and requires covered employers to include the following in any advertisement for a job, promotion, or transfer opportunity that can or will be performed at least partly in New York:
- The compensation, or a range of compensation, for the position; and
- The job description, if one exists.
To prove compliance with the law, covered employers will be required to maintain records, including the history of pay ranges for each job, promotion and transfer opportunity, and the associated job descriptions. The law also includes anti-retaliation provisions that prohibit employers from refusing to interview, hire, promote, employ, or otherwise retaliate against an applicant or employee for exercising rights under the law.
Recruiters and other organizations that connect applicants with employers must also comply with the law. There is an exception for temporary help firms.
NYC took effect recently and as well as other localities nationwide, including California and Washington, on 1/1/23.
Stay tuned for additional information in the coming months.
Lawful Absences
The amendment prohibits employers from assessing any demerit, other points, or deductions from an employee's allotted time bank, which could subject them to corrective action, including but not limited to the loss of pay or failure to receive a promotion for taking such absences.
Paid Family Leave for Siblings
New York City Limits Automated Tools in Hiring
- The tool has been the subject of a bias audit within the last year; and
- The results of the most recent bias audit of the tool have been made publicly available on the employer or employment agency's website prior to the use of the tool.
Westchester County Pay Information in Job Postings
New York City
Originally scheduled for May 15, 2022, effective November 1, 2022, New York City employers with four or more employees must include a minimum and maximum salary or hourly wage in all listings for job openings and promotion or transfer opportunities in the city. The requirement does not apply to temporary positions at a temporary help firm or to positions that cannot or will not be performed at least partially in New York City.
Effective November 1, 2022, NYC’s private sector COVID-19 vaccine mandate becomes optional. Private employers may continue to require vaccination for employment consistent with the mandate or their own policies.
Division of Human Rights Sexual Harassment Hotline
The law also requires the NYSDHR to work with the New York State Department of Labor (NYSDOL) to ensure that information on the hotline is included in materials employers provide to employees regarding sexual harassment.
Employers should review the requirements regarding the free confidential hotline so their practices comply and stay tuned for additional updates, as guidance from the NYSDOL is expected to take form in the coming months, including an update to the model sexual harassment materials. Learn more about what you need to know as an employer here and reach out to your FrankAdvice HR Consultant as needed.
New York State Human Rights Law
Effective July 14, 2022, the New York State Human Rights Law directs the New York State Division of Human Rights to operate a toll-free confidential hotline during regular business hours, which will provide counsel and assistance to individuals with complaints of workplace sexual harassment.
This prohibition does not apply to certain individuals, including:
- Police officers;
- Persons who were employed as police officers but are retired;
- Security guards who have been granted a special armed registration card, while at the location of their employment and during their work hours as such a security guard; or
- Active-duty military personnel.
New York City Salary Disclosure Law Delayed
The requirement for New York City employers with four or more employees to include a minimum and maximum salary in all listings for job openings and promotion or transfer opportunities in the city has been delayed to November 1, 2022.
New Sexual Harassment Laws
The NY Governor has signed new workplace harassment and discrimination legislation into effect.
Effective on or about July 14, 2022, a toll-free confidential hotline for complaints of workplace sexual harassment will be established. The legislation also prohibits the release of personnel files as a retaliatory action against employees – this is effective immediately.
Notice of Employer Monitoring
Effective May 7, 2022, New York requires that covered employers provide prior notice to new hires and employees before engaging in electronic monitoring.
The required notice must be in writing, in an electronic record or in another electronic form and acknowledged by the employee either in writing or electronically. In addition, each employer must post the notice of electronic monitoring in a conspicuous place that is readily available for viewing by its employees who are subject to electronic monitoring.
You can read more about this here.
Salary Disclosures on Job Postings
Effective May 15, 2022, New York City employers with four or more employees must include a minimum and maximum salary in all listings for job openings and promotion or transfer opportunities in the city. The requirement does not apply to temporary positions at a temporary help firm.
Learn more here. *A bill has been introduced before the NYC Council that would amend and delay this law. Stay tuned.
Whistleblower Notice
The NY Department of Labor has released a model notice for the expanded retaliation protections that took effect on January 26th, 2022 (see more in last month’s FranklyHR). Click here to download the notice to post in a conspicuous location.
Expanded Whistleblower Protections
Effective January 26, 2022, New York expands retaliation protections to those who report unlawful or dangerous business practices.
The amendments expand the definition of:
- Employee to include former employees; and
- Retaliatory action to include actions or threats to take actions that would adversely affect a former employee's current or future employment and contacting or threatening to contact immigration authorities.
With the addition of former employees to the definition of covered employees under the law, the statute of limitations was also extended to two years to ensure proper action can be taken in the case of retaliation.
Under the amendments, employees are protected whether or not they are acting within the scope of their job duties. The amendments also ensure employees only have to prove that they reasonably believe there is a violation of the law or that there is substantial or specific danger. Under prior law, employees had to show that there was an actual violation of law that created and presented a substantial and specific danger to be protected from retaliation - expanding the type of whistleblowing that is protected.
Rules Adopted Clarifying Sick Leave Law
The New York Department of Labor has adopted rules implementing the state’s Sick Leave Law, providing clarification of the law, which took effect on September 30, 2020. Clarifications include:
- Employers may not require employees to provide medical verification for sick leave lasting fewer than three consecutive workdays or shifts and employers are prohibited from requiring employees to bear any costs associated with obtaining the documentation.
- Employee count is nationwide but only employees working in New York must be provided sick leave. If an employer’s total workforce falls to a lower threshold, the employer cannot reduce the annual accrual cap (e.g., from 56 hours to 40 hours) until the following calendar year. If an employer’s workforce grows and it moves to a higher threshold, employees must accrue additional leave from the date of the new threshold was reached.
- Even though the law requires employers to carry over unused sick leave to the next calendar year even when frontloaded, employers have the discretion to: (1) give employees the option to voluntarily elect to use and receive payment for paid sick leave prior to the end of a calendar year or to carry over unused sick leave; or (2) only allow employees to carry over unused sick leave. Regardless of which option an employer chooses, the Sick Leave Law permits capping sick leave use in a calendar year at 40 hours or 56 hours, depending on employer size.
Review more about New York Paid Sick Leave here.
New York Vaccine Guidance
As noted in last month’s FranklyHR, the New York City Mayor announced a vaccine mandate for private workers. New York City has released FAQs & amended guidance regarding their private employer vaccine mandate. Details of the updates are below.
https://www1.nyc.gov/assets/doh/downloads/pdf/covid/vaccination-workplace-accommodations.pdf
https://www1.nyc.gov/assets/counseltothemayor/downloads/Workplace-FAQ.pdf
New York City To Require Salary Disclosures
Effective May 15, 2022 it will be unlawful for an employer with four or more employees to advertise a job opportunity without stating the minimum and maximum salaries in the advertisement. The New York City Commission on Human Rights (NYCCHR) is expected to issue rules to clarify the requirement. Read more in the Wage Transparency Growing Trend article in this issue of FranklyHR.
New York City COVID-19 Vaccination
The New York City Mayor announced a vaccine mandate for private workers.
Effective December 27, 2021, all private sector employees must have received at least one dose of COVID-19 vaccine in order to be present at an in-person NYC workplace. Employers will need to have a process for employees to request a reasonable accommodation if they are unable to be vaccinated due to a disability, pregnancy, religious beliefs, or the employee’s status as a victim of domestic violence, stalking, or sex offenses, in accordance with NYC law. Testing will not be available as an alternative to vaccination.
For further information about the vaccination requirement click here.
General Contractors Liable for Subcontractor Labor Law and Wage Obligations
Last month NY passed a new wage protection statute that now holds construction contractors liable for all claims under Labor Law Section 198 for unpaid wages, benefits and wage supplements of employees of all of their subcontractors.
This is effective January 4, 2022, and will apply to construction contracts created, renewed, modified or amended. Contractors should consult with their attorneys on mitigating liability and risk with a combination of auditing and indemnification measures.
Intermittent Paid Family Leave
Effective January 1, 2022, when an employee takes paid family leave (PFL) in daily increments, the maximum number of days of PFL available is calculated based on the average number of days worked per week multiplied by 12 as of January 1, 2021. Previously, the law capped leave taken in daily increments to 60 days per year.
Paid Leave for Vaccinations
As noted previously in a FrankCrum news alert, the New York Department of Labor has updated its guidance to clarify that booster shots are included and covered by the COVID-19 vaccination paid leave law. Employees are entitled to a paid leave of absence that is not charged to any accrued leave time, not to exceed four hours in order to receive a COVID-19 booster shot.
You can review the guidance here.
Paid Family Leave Contribution Rates Increase
Effective January 1, 2022, the state employee paid family leave contribution rate will remain 0.511% of gross weekly wages, but the annual cap will increase to $423.71 (from $385.34 in 2021). The New York State Average Weekly Wage will increase to $1,594.57 per week (from $1,450.17 in 2021). The New York State PFL Updates for 2022 has additional FAQs and resources.
Marijuana Regulation and Taxation Act
The NY DOL has released guidance and FAQs related to the Marijuana Regulation and Taxation Act. New York employers may not refuse to hire, employ, discharge, or otherwise discriminate against someone who uses cannabis lawfully while off-duty and off-premises and while not using the employer’s equipment or other property. This means:
- Drug testing for marijuana is not permitted except in very limited circumstances (e.g., the test is required by law);
- A drug test result cannot serve as a basis for an employer’s conclusion that an employee was impaired by marijuana;
- The smell of marijuana, by itself, is not evidence of “articulable symptoms of impairment.”
NYC Severance Pay for Hotel Workers
Mayor Bill de Blasio signed into law a requirement that NYC hotels pay non-managerial employees severance pay. The law expires on June 1, 2022. This new law requires certain hotels to pay severance to covered hotel service employees in the amount of $500 per week for up to 30 weeks. It impacts hotels that closed on or after March 1, 2020, had 100 or more rooms as of that date, and have not reopened as of November 1, 2021, as well as those that had a mass layoff on or after March 1, 2020, and have not recalled at least 25% of employees by October 11, 2021.
Secure Choice Savings Program
The Governor has signed legislation that converts New York State’s voluntary participation state-run IRA program (Secure Choice Savings Program) to mandatory for employers that do not offer a retirement plan and employ 10 or more employees. Employees may still opt out.
Employers which have had at least 10 in-state employees in the past year, have been in operation for at least two years, and do not offer a workplace retirement plan will be required to create a payroll deposit arrangement within nine months after the program opens for enrollment.
More guidance to come.
If you would like to offer a retirement plan to your employees, reach out to the FrankCrum Benefits Department at benefits@frankcrum.com or call 1-800-393-0815.
New York City Fair Work Practices Ordinances
New York City Fair Chance Act
As noted previously, the New York City Fair Chance Act has been amended regarding employer use of criminal background information. The New York City Commission on Human Rights has released guidance – see below for details. Reach out to your FrankAdvice HR Consultant as needed.
https://www1.nyc.gov/assets/cchr/downloads/pdf/fca-guidance-july-15-2021.pdf
New York City Ban the Box Law Amended
Effective July 29, 2021, New York City's Fair Chance Act is amended to place additional limits on employers' use of criminal background information.
Specifically, employers considering adverse action against a job applicant or employee based on an arrest, criminal accusation or criminal conviction must consider certain fair chance factors. The employer may take the adverse action only after considering the fair chance factors and identifying either:
- A direct relationship between the criminal conduct or alleged wrongdoing and the employment sought or held; or
- An unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
Preexisting law requires employers to evaluate the relationship between preemployment convictions and the employment sought by an applicant. The amended law extends this requirement to convictions that occur during employment, as well as to arrests and pending criminal charges for employees and applicants alike.
The law also contains procedural and notice requirements for employers that intend to take adverse action based on criminal background information and prohibits inquiries into certain categories of criminal background information.
New York City Amends Fair Practices Ordinances to Include Wrongful Discharge Protections, Layoff Procedures
Effective July 4, 2021, New York City's Fair Work Practices Ordinances are amended to include wrongful discharge protections for fast-food employees to prevent them from being fired without just cause or a bona fide economic reason.
In addition, when a fast food employer needs to lay off employees, the employer must do so by reverse seniority (e.g. those hired last will be discharged first). The amendments also provide for the arbitration of disagreements.
Legalization of Recreational Marijuana
The New York Marijuana Regulation and Taxation Act (the Act) legalizes the recreational use of cannabis by persons 21 years of age or older. Although the Act allows individuals to possess, display, purchase, obtain, or transfer without compensation up to three ounces of cannabis, employers are not required to accommodate the use, possession, sale or transfer of cannabis in the workplace.
Specifically, the Act permits employers to:
- Prohibit cannabis use or possession during work hours, on employer premises and while using an employer's equipment or other property.
- Take adverse action against an employee who uses cannabis while off-duty under certain circumstances.
- Take adverse action against an employee who is impaired by the use of cannabis (the law details the symptoms of impairment).
However, the Act prohibits an employer from refusing to hire, employ or license, or to discharge from employment or otherwise discriminate against an individual in compensation, promotion or terms, conditions or privileges of employment, because of an employee's legal use of cannabis under certain circumstances.
The smoking of cannabis is prohibited in places where smoking is prohibited under state law (e.g., workplaces).
Paid Leave for COVID-19 Vaccine
As shared in a previous news alert, employers are required to provide their employees with up to four hours of excused leave per injection. The leave cannot be charged to any other leave, including New York paid sick leave, and the entire period of leave must be provided at an employee’s regular rate of pay.
Please see below for further details including new FAQs:
Paid Leave for COVID-19 Vaccinations
December 2020
New York Paid Sick Leave
On September 30, 2020 covered employees in New York State began to accrue leave at a rate of one hour for every 30 hours worked. As a reminder, on January 1, 2021, employees may start using accrued leave. Read more here.
New York City Paid Safe and Sick Leave Law
As a reminder, as of January 1, 2021, NYC’s Paid Safe and Sick Leave law will require:
- Employers with 100 or more employees must provide up to 56 hours of paid leave.
- Employers with four or fewer employees and a net income of $1 million or more must provide PAID leave.
Read more here about what employers need to know and what they need to do.
October 2020
Minimum Wage Order for Miscellaneous Industries and Occupations
Effective December 31, 2020, the tip credit for workers covered by the Minimum Wage Order for Miscellaneous Industries and Occupations is eliminated. Workers in these affected industries will be making the normal minimum wage. For more details click here: https://www.governor.ny.gov/news/governor-cuomo-announces-end-subminimum-wage-across-miscellaneous-industries-statewide
New York Paid Family Leave Benefits Duration and Rate Increase to 12 Weeks and 67%
Beginning January 1, 2021, employees are eligible to receive 12 weeks of paid family leave (PFL) benefits during any 52-week calendar period at 67% of their average weekly wage, up from 10 weeks at 60%.
Employees who have worked at least 26 consecutive weeks are eligible for PFL benefits for:
- Caring for a family member with a serious health condition;
- Bonding with a newborn baby or a newly adopted or fostered child; or
- A qualifying exigency related to a family member's active military service.
Learn more about NY PFL here: https://paidfamilyleave.ny.gov/2021
New York Expands WARN Act Notice Requirements
New York employers must provide advance written notice to additional government entities of a Worker Adjustment and Retraining Notification Act (WARN Act)-triggering event, such as a mass layoff, plant closing or relocation. Gov. Andrew Cuomo signed an amendment to New York's mini-WARN law on November 11, expanding the law's notice requirements.
Under New York law previously, an employer could not order a mass layoff, relocation or employment loss without giving at least 90 days' written notice to the following parties:
- Affected employees;
- Any unions representing affected employees; and
- Local Workforce Investment Boards.
The amendment expands the list of required recipients to also include:
- The chief elected official of the unit or units of local government and the school districts in which the mass layoff, relocation or employment loss will occur; and
- Each locality that provides police, firefighting, emergency medical or ambulance services to the site subject to the WARN-triggering event.
The New York WARN Act applies to private employers with 50 or more employees (excluding part-time employees) or 50 or more employees (including part-time employees) who work a combined total of at least 2,000 hours per week. In contrast, the federal WARN Act requires employers with 100 or more full-time employees to provide 60 days' notice of a mass layoff or plant closing.
Notice to these additional entities is to notify nearby communities that may rely on tax revenue from the business, and may face health and safety maintenance issues in the case of a property being abandoned.
New York City Earned Safe and Sick Leave Law Amendments
The New York City Council passed a suite of amendments to NYC’s Earned Safe and Sick Leave Law (ESSL) in part aligning obligations with New York state paid sick leave. One update is if you require employees to submit documentation substantiating absences over three days, you must now reimburse your employees for any costs associated with obtaining the documentation.
Click here for more details on the NYC ESSL:
https://www1.nyc.gov/site/dca/about/paid-sick-leave-law.page
Click here for the required notice to employees:
https://www1.nyc.gov/assets/dca/downloads/pdf/about/PaidSafeSickLeave-MandatoryNotice-English.pdf
New York State Paid Sick Leave
New York state has released guidance on their paid sick leave law. On January 1, 2021, employees may start using accrued leave.
Click here for the guidance:
https://www.ny.gov/programs/new-york-paid-sick-leave
September 2020
Wage Theft Prevention Act (WTPA)
The WTPA currently requires employers to provide employees, at the time of hiring, a written wage notice. The notice must be provided to the employees in English and in their primary language. It must be signed and dated by the employee and must be maintained for six years.
As noted in a prior FranklyHR, due to recent amendments, all employers are required to maintain records of the amount of sick leave provided to each employee for at least a six-year period. This goes into effect on September 30, 2020.
Recent amendments to the WTPA will also require home healthcare employers to specify the benefits (as defined by the Wage Parity Law) the home care worker is receiving in the new hire notice, and in their paystubs, effective October 1, 2020.
August 2020
Paid Sick Leave
As noted in a prior FranklyHR newsletter, New York enacted a new law in April requiring all employers to provide sick leave to their employees. The law’s leave accrual provision takes effect September 30th, 2020; however, employers are not required to provide sick leave to any employee until January 1, 2021.
Under the sick leave law:
- Employers with one to four employees and a net income in the prior tax year of less than $1 million must provide employees up to 40 hours of unpaid leave;
- Employers with one to four employees and a net income in the prior tax year of $1 million or more must provide employees up to 40 hours of paid leave;
- Employers with five to 99 employees must provide employees up to 40 hours of paid leave; and
- Employers with 100 or more employees must provide employees up to 56 hours of paid leave.
Sick leave may be used for:
- A mental or physical illness, injury or health condition of an employee or an employee's family member;
- The diagnosis, care or treatment of a mental or physical illness, injury or health condition of, or need for medical diagnosis of or preventive care for, an employee or employee's family member; or
- An absence from work for certain specified reasons related to when an employee or an employee's family member has been the victim of domestic violence, a family offense, sexual offense, stalking or human trafficking.
Employers are prohibited from discharging, threatening, penalizing or otherwise discriminating or retaliating against an employee for requesting or using sick leave or exercising any right under the sick leave law.
Under the law, employees may carry over unused sick leave hours. However, employers may limit the number of hours an employee may use each calendar year to 40 hours for employers of fewer than 100 employees or 56 hours for employers of 100 or more employees. Employers are not required to pay out unused sick leave when an employee separates from employment.
Suffolk County Human Rights Law Amended
Suffolk County has amended its Human Rights Law to ban race and religious discrimination based on hairstyle, hair texture, and religious garments as components of “group identity”. Suffolk County’s ban on discrimination follows a similar measure adopted by New York State last year.
July 2020
Suffolk County Bans the Box
Effective August 25, 2020, the Suffolk County Fair Employment Screening Amendment restricts the County and any other employer with 15 or more employees from inquiring into an applicant's prior criminal convictions during any part of the application process and until after the first interview. The intent of this legislation is to allow applicants with criminal convictions to have more employment opportunities without the stigma of their prior criminal history.
When considering an applicant's prior criminal convictions in determining suitability for employment, an employer must comply with Article 23-A of the New York Corrections Law which requires an employer to conduct an individualized assessment of the impact of the applicant's criminal history on the relevant job. After conducting the individualized assessment, an employer has the authority to withdraw conditional offers of employment for any lawful reason, including a determination that:
- The candidate has a conviction bearing a direct relationship to the position's duties and responsibilities; or
- Hiring the candidate would pose an unreasonable risk to property or to the safety of individuals or the general public.
The law also contains exceptions and enforcement procedures. Aggrieved individuals can contact and initiate the complaint process with the local Human Rights Commission.
NYC Commission Adds Exceptions to Pre-Employment Testing for Marijuana and THC
NYC Commission on Human Rights has made exceptions from the prohibition of testing for marijuana and THC to employees in certain positions. Examples include those positions requiring an employee to:
- Work on an active construction site regularly or within one week of beginning employment;
- Operate heavy machinery regularly; or
- Operate a motor vehicle on most work shifts
See further details here.
June 2020
Call Center Jobs Act
Effective June 30, 2020, the New York Call Center Jobs Act requires covered call center employers to comply with advance-notice requirements to the Labor Commissioner in the event of a:
- Relocation out of New York State; or
- Significant reduction of call volume with the intent to relocate out of state
The law requires the Labor Commissioner to keep a list of call center employers that have relocated out of state. These relocations affect the call center employers’ access to state grants, tax benefits, and procurement contracts.
Tip Credit for Miscellaneous Industries
New York is eliminating the tip credit for workers covered by the Minimum Wage Order for Miscellaneous Industries and Occupations, including car wash attendants, nail salon workers, tow-truck drivers, dog groomers, and more.
Effective June 30, 2020, the maximum tip credit is reduced by 50%, and effective December 31, 2020, the tip credit is completely eliminated.
The minimum wage tip credit for the hospitality industry (restaurants and hotels) remains unchanged.
