2019 brought a number of important changes in the law that warrant the attention of New York employers. Start off the new year right and ensure your calendars are up to date by including the 2020 effective dates of these New York State and City employment-related laws.

Effective Date

Change in Law

December 31, 2019

Minimum Wage Increase

The minimum wage in New York City increases to $15.00 per hour for businesses of all sizes. 

December 31, 2019

Minimum Salary for Exempt Employees Increase

The minimum salary for an employee to qualify for the executive or administrative exemptions to overtime increases to:

New York City

$1,125.00 per week ($58,500.00 per year)

 

 

Nassau, Suffolk and Westchester counties

$975.00 per week ($50,700 per year)

Remainder of State

$885.00 per week ($46,020 per year)

January 1, 2020

New York Paid Family Leave Pay Increase

The amount of leave provided under the New York Paid Family Leave law remains at 10 weeks, but the benefit during leave increases from 55 percent to 60 percent of the employee’s average weekly wage, up to a cap of 60 percent of the current Statewide Average Weekly Wage of $1,401.17.

January 1, 2020

New Language in Nondisclosure Provisions of Employment Agreements

Agreements that prevent the disclosure of “factual information related to any future claim of discrimination” are void and unenforceable unless the agreement notifies the employee or potential employee that it does not prohibit him or her from speaking with law enforcement, the Equal Employment Opportunity Commission, the New York State Division of Human Rights, a local commission on human rights or an attorney retained by the employee or potential employee.

January 6, 2020

New York State Salary Inquiry History Ban

The New York State salary history inquiry ban prohibits employers from, among other things, relying on or requesting an applicant’s or current employee’s wage or salary history.  

January 7, 2020

Notice of Rights Re: Reproductive Health

New York employers must provide a notice of employee rights and remedies regarding the prohibition on discrimination and retaliation against employees based on an employee’s or a dependent’s reproductive health decision-making.

January 11, 2020

Employment Protections for Independent Contractors and Freelancers

Employment protections of the New York City Human Rights Law expand to freelancers and independent contractors.

January 28, 2020

Westchester County Safe and Sick Leave (Notice Deadline)

Employers are required to provide both a copy of Westchester County’s safe leave ordinance and the Notice of Employee Rights to eligible employees.

February 8, 2020

Expanded Protections Under the NYSHRL

The New York State Human Rights Law (NYSHRL), which previously only applied to New York employers with four or more employees, applies to all New York employers, regardless of size.

May 10, 2020

Ban on Pre-Employment Marijuana Testing

New York City employers, labor organizations and employment agencies are banned from testing job applicants for marijuana and tetrahydrocannabinols, or THC — the active ingredient in marijuana.

August 12, 2020

Expanded Statute of Limitations for Harassment Allegations

The statute of limitations for complainants to file a complaint of sexual harassment under the NYSHRL expands to three years.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.