On March 1, 2024, the New York City Department of Consumer and Worker Protection ("DCWP") published a Workers' Bill of Rights, which was developed in collaboration with the Mayor's Office of Immigrant Affairs, the New York City Commission on Human Rights, and community and labor organizations in accordance with Local Law 161. By July 1, 2024, all New York City employers are required to post prominently in the workplace the "Know Your Rights At Work" poster, which contains a scannable QR code linked to the DCWP website containing the Workers' Bill of Rights. Employers are also required to distribute a copy to each employee, and to provide every new hire with a copy on or before their first day of work. Employers must also post it on their intranet or mobile app if they offer one for employees to use.
The Workers' Bill of Rights summarizes city, state, and federal laws that protect workers and job applicants in New York City, regardless of immigration status, including Paid Safe and Sick Leave, Paid Family Leave, Workers' Compensation and Disability, Pay Transparency, Automated Employment Decision Tools, and worker classification laws. The Workers' Bill of Rights also informs employees of their rights to form a union, stating as follows: "You can join together with your coworkers to improve your working conditions, including organizing a union. Employers can't take action against you for organizing or talking with your coworkers about working conditions." The Workers' Bill of Rights also includes industry-specific laws, including those related to fast food workers, retail and utility safety workers, food delivery workers, grocery workers, and freelance workers. The notice indicates which rights apply to independent contractors as well as to employees. The law does not, however, appear to require employers to distribute the notice to independent contractors. Local Law 161 also requires the Mayor's Office of Immigrant Affairs to conduct outreach to employees, prospective employees, and independent contractors and to provide information regarding immigration-related resources and protections.
For a first violation of Local Law 161, employers will be provided with notice, a 30-day correction period, and the right to contest the DCWP Commissioner's findings. Employers will be subject to a $500 civil penalty for each subsequent violation.
Employers should plan to post and distribute the Workers' Bill of Rights prior to the July 1st deadline. Crowell attorneys are available to help employers ensure compliance with all employment-related legal obligations.
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