New York Employers Face New Requirements Under Recently Enacted Laws and Regulations

Due to the fact, as usual, new laws and regulations have gone into effect at the beginning of the year. Employers are encouraged to review their policies and practices based on recent developments and to monitor for further changes on a range of topics, including non-compete agreements, disability and leave, and artificial intelligence. 

These regulations effect the following areas as well as others: 

• Minimum wage

• Overtime exemption thresholds

• Increase to salary threshold for exemption from certain wage payment provisions

• Freelance Isn't Free Act

• New York employers cannot require workers' social media information

• Statute of limitations under Human Rights Act extended to three years

• New York issues guidance on pay transparency law 

There are other areas that are affected by these new laws and regulations. 

As a reminder, employers in New York are also facing other new obligations under various laws that took effect in 2023, including a prohibition on captive audience meetings, restrictions on invention assignment agreements, a prohibition on height and weight discrimination, a requirement for employers to provide notice of the right to file for unemployment benefits, restrictions on non-disclosure or non-disparagement provisions in release agreements, and new model sexual harassment policy. 

In New York City, Local Law 144 imposed new requirements related to the use of automated decision tools and amendments to the New York City Earned Safe and Sick Time Act (ESSTA) addressed various issues, including employer size, employee eligibility, notice requirements, documentation standards, payment of sick/safe time, and policy requirements. 

UPCOMING:

New York employers are also monitoring other pending bills and developments. For example:

1. Expansion to state disability leave

2. Paid parental leave

3. Cultural competency training

4. Electronic monitoring and automated decision tools

5. Non-compete legislation still on the horizon 

Employers should keep up to date on these efforts. In addition, employers should review their employee handbook.

This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship. 

For more information on this and other topics, please contact Kevin via any of the channels listed below:

📧 kevin@kmckernan.com  | 📞 718-317-5007