Here is a snapshot of the new employment laws that New York employers and employees will need to know as they start off 2023:
New York State Sexual Harassment Hotline
In March 2022, Governor Kathy Hochul signed into law S.812B/A.2035B, amending the New York State Human Rights Law, N.Y. Exec. Law § 296 to require the establishment of a toll-free, statewide, confidential hotline (the "Hotline") for reporting workplace sexual harassment complaints.
The Hotline (1-800-427-2773, or 1-800-HARASS-3) launched on July 19, 2022. The Hotline is managed by the New York State Division of Human Rights, operates during normal business hours, and is staffed by a team of pro bono attorneys who can also give callers legal advice.
Employers should update their sexual harassment materials and policies provided to employees to include information about the new Hotline.
New York City Pay Transparency Law
New York City recently enacted a pay transparency law, which went into effect on November 1, 2022. This law requires employers that have four or more employees (or one or more domestic workers) to state in job advertisements the minimum and maximum salary range for positions to be performed, in whole or in part, in New York, including remote positions.
Advertisements for jobs, promotions, or transfer opportunities that would be performed in New York City are covered by this new law. Importantly, the new law also covers employment agencies, regardless of size, but does not apply to temporary firms.
Westchester Pay Transparency Law
In late 2022 Westchester County enacted its own pay transparency law. The law, which amended the Westchester County Human Rights Law Section 700.03 and went into effect on November 6, 2022, requires employers with at least four employees to disclose the minimum and maximum salary for positions in advertisements for jobs, promotions, or transfer opportunities. The law applies to positions that will be performed, in whole or in part, in Westchester County (including remote positions), and applies to any employer labor organization, employment agencies, and licensing agencies, but does not apply to temporary help firms.
Importantly, Westchester County's new law has a preemption clause stating that it "shall be null and void on the day that" state or federal legislation that incorporat[es] either the same or substantially similar provisions as are contained in this law". Once New York's statewide pay transparency law goes into effect in September 2023 (see below), employers located in Westchester County will likely only have to comply with the statewide law.
New York State Pay Transparency Law
Like New York City and Westchester County, New York State also enacted a pay transparency law in 2022. Governor Hochul signed into law S.9427-A/A.10477 on December 21, 2022 which takes effect on September 17, 2023. The law amends the New York Labor Law, and will be codified as a new section (194-b).
This law requires all private sector New York employers with four or more employees to list compensation ranges in job advertisements or postings for all positions to be performed, at least in part, in New York state. Like New York City's law, the statewide law applies to advertisements for jobs, promotions, or transfer opportunities. Advertisements for jobs, promotions, or transfer opportunities paid solely on commission must disclose generally that compensation is based on commission. New York state's law does not apply to temporary firms.
New York state's pay transparency law differs from New York City's law—and in fact goes one step further—in the respect that it provides that if a job description exists for the position, employers are required to post that as well.
Expanded New York Paid Family Leave Law
New York amended its Paid Family Leave Law to expand the definition of "family member". Effective January 1, 2023, the definition of "family member" is expanded to include siblings with a serious health condition. This includes biological siblings, adopted siblings, stepsiblings, and half-siblings. Under the law, eligible employees can take up to 12 weeks of Paid Family Leave to care for a family member.
Protection Against Lawful Absences from Work
On November 21, 2022 Governor Hochul signed into law Bill A.8092B (S.1958A), amending Section 215 of the New York Labor Law, protecting employees who take legally protected time off of work from retaliation, discrimination, or discipline. The law protects absences from work protected by federal, state, or local law, and goes into effect on February 19, 2023.
On December 16, 2022, New York State amended Section 201 of the New York Labor Law, requiring employers to provide electronic copies of mandatory workplace postings to employees. Employers must also provide notice to employees that documents that are required to be posted physically are also available electronically.
New York City Automated Employment Decisions Tool Law
As we previously reported, the New York City Department of Consumer and Worker Protection (DCWP) announced that it would postpone the enforcement of New York Local Law Int. 2021/144 (which makes it unlawful for New York City employers to use automated employment decision tools (AEDTs) to screen job candidates for jobs or promotions in the city unless the employer conducts an independent "bias audit".
The law was going to go into effect on January 1, 2023, but has been postponed until April 15, 2023.
New York City Private Employer Vaccine Mandate/New York State Vaccination Leave Law
In Fall 2022, Mayor Eric Adams announced that as of November 1, 2022, New York City will end its COVID-19 vaccine mandate for private sector employers, which has been in effect since late 2021. Read more about this update here. New York City has extended its paid vaccination leave law, previously reported here, for another year. The law will now expire on December 31, 2023.
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