New York Rings in the New Year with New Employment Laws
There are many new laws enacted in New York which drastically impact employers. They are the following:
1. Minimum Wage/Exemptions
Effective January 1, 2024, the minimum wage increased to $16 per hour in New York City, Long Island, and Westchester County and to $15 per hour in the rest of the state. The minimum wage will increase by $0.50 on January 1, 2025, and again on January 1, 2026.
The hourly wage rate and maximum tip credit for service employees also increased January 1, 2024. For tipped service credit employees working in New York City, Long Island, and Westchester County, the minimum hourly wage increased to $13.35 ($12.50 in the rest of the state), and the maximum tip credit increased to $2.65 ($2.50 in the rest of the state). For tipped food service workers working in New York City, Long Island, and Westchester County, the minimum hourly wage increased to $10.65.
2. Paid Family Leave
Effective January 1, 2024, the employee contribution rate decreased to 0.373 percent of gross wages per pay period, and the maximum annual contribution decreased to $333.25 ($66.18 less than 2023). Employees should recheck to make sure this is reflected in their pay stubs.
3. Amendments to Definition of 'Clerical and Other Worker' in NY Labor Law
Employees should check to ensure compliance.
4. Paid Leave for Prenatal Care
On January 4, Governor Hochul announced a proposed plan to expand New York's Paid Family Leave law to include 40 hours of paid leave to attend prenatal medical appointments. This has not been passed yet.
5. The Extended Statute of Limitations Under NY Human Rights Law has been extended so claims can be brought much longer after the alleged incident.
6. Social Media Disclosures
Effective March 12, 2024, New York employers will not be permitted to request, require, or coerce employees or job applicants to…
Disclose any username, password, or other authentication information for accessing a social media account;
Access the individual's social media account in the presence of the employer; or
Reproduce—in any manner—photographs, videos, or other information contained within a social media account.
7. NY Clean Slate Act
Employers who rely on criminal background checks in connection with hiring applicants should be aware of this new law relating to New York criminal records and not violate the applicants rights.
8. Freelance Isn't Free Act
The New York State Freelance Isn't Free Act becomes effective on May 20, 2024, providing certain protections to freelance workers who are paid at least $800 for their work.
The Bottom Line
As in recent years, New York has remained active in modifying its employment laws and that trend does not seem to be slowing. Employers are encouraged to review their handbooks, policies, and agreements and to consult employment counsel to ensure that they comply with the evolving law.
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