New York Workplace Compliance
News & Resources
Life moves fast in New York. From the crowded streets of Manhattan to the winding roads and sudden shifts in weather upstate, there’s little time to catch a break or catch a breath. To make it in the Empire State, businesses need to have grit, acuity, and the capacity to adapt to tough, ever-changing circumstances.
Those circumstances include the state’s rigorous workforce laws and regulations. New York has earned a reputation for far-reaching legislation and aggressive enforcement of rules surrounding employee health and safety, fraud, harassment, and more. For employers, noncompliance could lead to significant fines, litigation, and even criminal prosecution. Learn what you need to know to keep your people safe and stay on the right side of the law.
Stay on top of safety and compliance the right way with this New York-specific information but be sure to seek legal counsel when you’re looking for how these changes will directly impact your business. Wherever available, KPA products are updated with the latest government notices and posters for employers.
New York HR News
Who: New York City employers
When: Effective immediately; notify employees by March 24, 2026
On February 19, 2026, the New York City Department of Consumer and Worker Protection released an updated New York City Notice of Employee Rights Protected Time Off Notice. The notice provides information about employees’ rights to sick and safe time and paid prenatal leave. Employers must post the notice in the workplace and distribute it to current employees and new hires by March 24, 2026. Employers must provide the notice in in English and in any language spoken as a primary language by at least 5% of employees at the workplace if translations are available on the DCWP website.
The city also published FAQs that provide guidance on the updates to the NYC Earned Sick and Safe Time Act (ESSTA), including information about covered uses, accrual for sick leave, and the addition of 32 hours of unpaid sick leave. The new unpaid sick leave went into effect on February 22, 2026, in compliance with an amendment to ESSTA.
When updating sick and safe leave policies, employers should remove any language related to the temporary schedule change (TSCA), which has been eliminated under the amended ESSTA.
How:
- Distribute the Notice of Employee Rights Protected Time Off Notice to all employees and post it in the workplace by March 24, 2026.
- Give the notice to all new employees upon hire.
- Update your safe and sick leave policies to comply with the new law.
- Train HR and other personnel who manage safe and sick leave.
Additional Resources:
Notice of Employee Rights: Protected Time Off
NYC Consumer and Worker Protection Protected Time Off Law
NYC Consumer and Worker Protection Protected Time Off Law: Frequently Asked Questions
Who: New York City employers
When: Effective February 22, 2026
New York City enacted Int. 780-A on October 25, 2025, which amends the New York City Earned Safe and Sick Time Act (ESSTA) beginning February 22, 2025. The current law requires employers with 100 or more employees to provide up to 56 hours of safe and sick leave per year, and employers with 99 or fewer employees to provide up to 40 hours of safe and sick leave per year. Employees accrue one hour of safe and sick leave for every 30 hours worked. Employers with fewer than four employees and a net income of less than $1 million in the previous year do not have to provide paid safe and sick leave.
Changes to ESSTA include:
- Expanded reasons employees can take safe and sick leave;
- Front-loaded, unpaid safe and sick leave;
- Additional hours of parental leave; and
- Elimination of most requirements under the Temporary Schedule Change Act (TSCA).
The amended law states that employees can now also use safe and sick leave when:
- There is a closure of a workplace, school, or childcare center due to a public disaster;
- A public official announces that people must stay indoors and avoid travel due to a public disaster;
- Caring for a minor child or care recipient;
- Obtaining services related to the employee or a covered family member being a victim of workplace violence; and
- Attending or preparing for legal proceedings for benefits or housing, or taking action to help restore or maintain benefits for themselves, a family member, or a care recipient.
Employers must provide an additional 32 hours of unpaid leave up front, which employees can use for any reason immediately upon accrual. The leave does not carry over to the following year.
In addition to paid and unpaid sick and safe time, employers must provide up to 20 hours of paid prenatal leave during any 52-week period, which employees can use in one-hour increments.
Employees may still request a temporary schedule change under TSCA, but employers do not have to approve the request.
How:
- Update your safe and sick leave policies.
- Train HR and other personnel who administer safe and sick leave.
- Review your policies related to temporary schedule change.
- Implement the new 32-hour unpaid leave bank.
- Post the updated notice of employee rights in the workplace and provide it to all employees.
Additional Resources:
Who: New York City employers
When: Effective immediately
On June 3, 2025, the New York City Department of Consumer and Workforce Protection (DCWP) amended the city’s rules related to its Earned Safe and Sick Time Act (ESSTA), which updates paid prenatal leave obligations for employers effective July 2, 2025.
DCWP’s new rules address:
- The amount of paid prenatal leave;
- Written policy requirements;
- Employee notice;
- Balance notification;
- Documentation;
- Increments of use;
- Confidentiality;
- Coordination with other leaves;
- Recordkeeping; and
- Potential penalties.
Under New York law, paid prenatal leave is “leave taken for healthcare services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a healthcare provider related to the pregnancy.”
Under the law, employees are entitled to up to 20 hours of paid prenatal leave in any 52-week period, and employers must maintain “written safe/sick time and paid prenatal leave policies in a single writing,” which must include:
- The employer’s method of calculating safe/sick time in accordance with the law;
- The availability of a separate bank of 20 hours of paid prenatal leave during any 52-week calendar period;
- The employer’s policies regarding the use of safe/sick time and paid prenatal leave, including any limitations or conditions the employer places on the use of such time, to include:
- Any requirement for an employee to provide notice of a need to use such time;
- Any requirement for reasonable written documentation or confirmation of the use of such time;
- Any reasonable minimum increment or fixed period for the use of such time, not to exceed a requirement of one hour per day;
- Any policy on discipline for employee misuse of such time; and
- A statement regarding confidentiality requirements under the law, specifically affirming that employees are not required to disclose details about their medical condition that led to their use of leave;
- The employer’s policy regarding carry-over of unused safe/sick time at the end of the employer’s calendar year; and
- If an employer uses a term other than “safe/sick time” or “safe and sick time” to describe leave required under ESSTA, a statement that such leave may be used in any way that complies with the law.
Employers must distribute written policies to all employees upon hire, within 14 days of when any changes to the policies go into effect, and upon employee request. Employers must also post and provide a notice of rights, published by DCWP, containing information on sick leave and paid prenatal leave.
Under DCWP’s amended rules, if an employee’s use of leave results in an absence of more than three workdays, employers can require an employee to submit reasonable documentation demonstrating that the employee’s use of leave was for an authorized purpose. This, however, is not addressed in and/or is contrary to New York state law, which could necessitate legal consultation in specific circumstances.
Per the amended rules, “unless otherwise in conflict with state or federal law or regulations, an employer shall not require an employee to use other leave in lieu of paid prenatal leave, exhaust other leave before using paid prenatal leave, or use or exhaust paid prenatal leave before using other leave.”
The new rules require employers to keep and maintain records for each employee with respect to safe/sick time and paid prenatal leave. The records must be maintained for three years and, in addition to any other statutory requirements, must include:
- The date and time of each instance of safe/sick time or paid prenatal leave used by the employee;
- The amount paid for each instance;
- For each pay period, the amount of safe/sick time accrued and used during the pay period, the employee’s total balance of accrued safe/sick time, and
- For each pay period, the amount of accrued safe/sick time available for use by the employee, the amount of paid prenatal leave used during the pay period, and the employee’s total balance of paid prenatal leave.
Employers must provide these records to DCWP upon request, and to employees within three days of the employee’s request.
For violations of the paid prenatal leave law, a current employee or former employee may be entitled to the following:
- The full amount of any underpayment of wages owed, plus interest;
- Liquidated damages up to 100% of the total amount of wages found to be due; and/or
- For prohibited retaliation, all appropriate relief, including injunctive relief, and liquidated damages up to $20,000.
For violations of the paid prenatal leave law, employers can be penalized for the following:
- Prohibited retaliation, which carries a civil penalty between $1,000 and $10,000 and
- Wage underpayment, which carries a penalty of up to $500.
How:
- Update your policies to comply with the law.
- Train managers and HR personnel on the law.
- Provide a notice of rights to employees upon hire and upon request, and post it in the workplace.
- Review your payroll systems for recordkeeping purposes in accordance with the law, to include new recordkeeping requirements as they relate to safe/sick time and paid prenatal leave.
- Consult legal counsel to navigate the legal landscape of New York state and New York City laws.
Additional Resources:
New York City Department of Consumer and Worker Protection Rules
Paid Safe and Sick Leave Law: Notice of Employee Rights Website
Notice of Employee Rights: Safe and Sick Leave Poster Notice
Who: New York retail employers with 10 or more employees
When: Effective immediately for these provisions: workplace violence prevention plan, notice, policy, and training; effective January 1, 2027, for implementing the panic button (now called a silent response button)
On May 29, 2025, the New York Department of Labor launched a retail worker safety website that includes FAQs, a model policy, and model training related to the Retail Worker Safety Act, which imposes requirements on retail employers to improve workplace safety.
Employers must provide their retail workplace violence prevention policy to new employees upon hire and annually, in the employee’s primary language. The policy must include risk factors and prevention methods.
Employers must provide the interactive prevention training to all employees upon hire, along with a written copy of the training material. Employers with 50 or more employees must provide the training once a year, employers with fewer than 50 employees must provide the training every two years. The training must include emergency procedures, de-escalation tactics, and the use of security devices.
The effective date for the panic button, now referred to as a silent response button, is January 1, 2027, for employers with 500 or more retail employees. Employers can use the New York Department of Labor templates or their own, as long as they meet the minimum standards for compliance.
How:
- Assess workplace violence risks and review emergency procedures.
- Create a workplace violence prevention policy.
- Develop an interactive retail workplace violence prevention training.
- Plan for the installation of the silent response button by January 1, 2027.
Additional Resources:
Model Retail Workplace Violence Prevention Policy for Retail Employers in New York State
Retail Workplace Violence Prevention Training
Who: New York retail employers with 10 or more employees
When: Effective June 2, 2025, for these provisions: workplace violence prevention plan, notice, policy, and training; effective date of January 1, 2027, is unchanged for implementing the panic button (now called a silent response button)
New York Governor Kathy Hochul signed S740 on February 14, 2025, which amends the New York Retail Worker Safety Act. The effective date of the notice, policy, and training provisions was March 4, 2025, and is now June 2, 2025. The effective date for the panic button, which is now called the silent alarm button, is still January 1, 2027.
The New York Retail Worker Safety Act continues to apply to New York retail employers with 10 or more employees. The amendments to the law are as follows:
- The panic button is now called a silent response button.
- Instead of law enforcement, the silent response button will notify security, a supervisor, or a manager in case of an emergency.
- The silent response requirement applies to employers with 500 or more employees statewide rather than nationally.
- Employers with fewer than 50 employees are required to provide training on the New York Retail Worker Safety Act to new employees upon hire and every two years instead of annually.
- The New York Department of Labor will create a model policy in English and the 12 most common non-English languages spoken in New York. They will also create a model employee training program.
How:
- Assess the risk factors for workplace violence and review your emergency procedures.
- If applicable, plan to implement the silent response buttons.
- Monitor the New York Department of Labor website for the release of the model policy template and model training program, or create your own that meet the requirements.
Additional Resources:
Who: New York employers
When: The 30-day deadline and notification of additional government agency provisions are effective immediately; the new definition of private information is effective on March 21, 2025
Governor Kathy Hochul signed Senate Bills S2659B and S2376B on December 24, 2024, which amend the 899AA data breach law for the private sector and section 208 of the data breach law for government agencies. Businesses must notify New York residents of a data breach within 30 days of discovery. Businesses must also now inform the New York State Department of Financial Services of a data breach in addition to the regulatory agencies previously identified: the New York Attorney General, Department of State, and Division of State Police. The 30-day requirement impacts only the private sector.
Effective March 21, 2025, S2376B expands the definition of private information for the private and public sectors. It now includes medical information and health insurance information. Medical information consists of the individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. Health insurance information includes the individual’s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual’s application or claims history, including the individual’s appeals history.
How:
- Update your incident response plans and data security policies to comply with the law.
- Continue to monitor for changes to the law.
Additional Resources:
Breach Notification and Incident Reporting
899-AA (General Business/Private)
Who: New York retail employers with 10 or more employees
When: Effective March 4, 2025; panic button provisions go into effect January 1, 2027
Governor Kathy Hochul signed the Retail Worker Safety Act into law on September 5, 2024, which applies to retail employers with 10 or more employees. It does not apply to businesses that primarily sell food for consumption on the premises. The law requires retailers to create a workplace violence prevention policy and provide related training. The law is effective March 4, 2025.
There is also a provision for giving all employees a panic button, which isn’t effective until January 1, 2027, and is applicable only to employers with 500 or more employees. The panic button may be a physical device placed at easily accessible locations in the workplace or a button on wearable or mobile phone technology. Once activated, the panic button immediately calls 911 and identifies the employee’s location; then the law enforcement agency dispatches officers to the site.
Retail employers must meet the Retail Worker Safety Act requirements by March 4, 2025. The New York Workplace Safety Act requires retail employers to model the California workplace violence prevention requirements that went into effect on July 1, 2024. Covered employers must give the prevention policy to all employees once a year and to all new hires; it has to be in English and the employee’s primary language (unless a template is not available for that language). Employers may use New York’s to-be-published model policy or create their own that meets the requirements. The policy must address workplace violence risk factors and prevention methods.
Workplace training must be interactive and include “examples of measures that retail employees can use to protect themselves when faced with workplace violence,” such as de-escalation tactics; active shooter drills; emergency procedures; instructions on the use of security alarms, panic buttons and other related emergency devices; site-specific emergency exits and meeting places; and supervisors’ conduct and responsibilities.
Employers have to give the training annually and to each employee upon hire. Employers must also provide a written notice annually to employees and to new employees upon hire in the employee’s primary language that includes the workplace violence prevention policy and information about the annual workplace violence prevention training. The New York Department of Labor plans to publish a model interactive training program that employers can follow, or they may create their own if it meets the requirements.
How:
- Assess your workplace violence risk factors and emergency procedures.
- Familiarize yourself with and adopt the model violence prevention written policy and interactive violence prevention training program (or create your own that meets the requirements) by March 4, 2025.
- Monitor the New York Department of Labor for the model workplace violence policy and model workplace violence prevention training.
- If you have 500 or more employees nationwide, implement panic buttons by January 1, 2027.
Additional Resources:
Who: New York private employers
When: Effective January 1, 2025
New York Governor Kathy Hochul signed the FY 2025 executive budget bill A08805C on April 20, 2024, which amends New York Labor Law §196-b. New York’s final fiscal 2024-2025 budget enacts a new prenatal law and is the first state to provide this kind of leave. Effective January 1, 2025, private employers must provide up to 20 hours of paid prenatal personal leave in a 52-week period.
Pregnant employees can take the leave in hourly increments for pregnancy-related medical appointments, physical examinations, medical procedures, monitoring, and testing. The paid prenatal leave is separate from the state’s paid sick leave program. Employers must provide 20 hours of paid prenatal leave immediately to all employees and upon hire and not accrue it over time.
Employers must pay employees at their regular rate of pay or the applicable minimum wage, whichever is greater. Upon terminating an employee, employers do not have to pay out unused prenatal leave to employees.
New York released a new paid prenatal leave website that includes additional guidance and FAQs for employers and employees.
How:
- Update your leave and break policies to comply with the law.
- Provide training to managers on the provisions of the new law.
- Monitor the New York state paid prenatal leave website for additional guidance or updated FAQs.
Additional Resources:
New York’s budget for fiscal 2024-2025
New York State Paid Prenatal Leave
New York State Paid Prenatal Leave Frequently Asked Questions
Who: New York employers
When: Effective November 16, 2024
On November 16, 2023, Governor Kathy Hochul signed S7551A, known as the “Clean State Act,” which goes into effect on November 16, 2024. The law protects applicants from discrimination based on criminal history and requires automatic sealing of specific criminal history records. It is intended to help the formerly incarcerated to obtain employment, education, and housing. Employers may not inquire about or discriminate based on an applicant’s sealed criminal records.
The law requires certain misdemeanor convictions to be sealed three years after incarceration, or the imposition of the sentence if there was no sentence. Certain felony convictions will be sealed eight years after incarceration, or the imposition of the sentence if there was no sentence. Records will not be sealed until parole or probation is complete.
Records won’t be sealed if the applicant is charged with another criminal charge before the waiting period is complete. The legislation does not allow for sealing records related to sex crimes, murder, or other non-drug Class A felonies or criminal convictions under federal law or any other state law.
Unless the employer is exempt, an applicant or employee can respond as if the criminal record did not exist if an employer requests or requires sealed criminal records.
In some situations, inquiries into otherwise sealed records are allowed, such as legally required background checks for jobs involving children, the elderly, or other vulnerable populations and the hiring of police and peace officers.
How:
- Review your screening, onboarding, and background check policies and practices to ensure compliance with the law.
- Seek legal counsel as needed.
Additional Resources:
New York Correction Law Article 23-A
Who: New York private and public employers
When: Effective June 19. 2024
Effective June 19, 2024, all private and public employers a must provide employees with a paid 30-minute lactation break each time they have a reasonable need to express breast milk. Employees are also allowed to use other paid breaks and meal times for the purpose of expressing breast milk each time they need more than 30 minutes to do so.
The law is applicable to employees who need to express breast milk for up to three years following child birth. It applies to all employers with at least one worker in New York State. Employers are prohibited from discriminating against employees for exercising their rights under the law.
How:
- Update your relevant policies and procedures to include paid lactation breaks.
- Monitor for the release of updated guidance.
- Train managers and employees on the law.
- Comply with requirements to post notices and distribute the lactation policy.
- Document the accommodation process.
Additional Resources:
Breast Milk Expression in the Workplace
Expressing Breast Milk in the Workplace
New York Policy on the Rights of Employees to Express Breast Milk in the Workplace
Who: New York City employers
When: Effective July 1, 2024
The New York Department of Consumer and Worker Protection (DCWP) issued a multilingual “Your Rights at Work” poster on March 1, 2024, with a QR code that links to City’s Workers’ Rights web page. That page explains employees’, prospective employees’, and independent contractors’ rights and protections under relevant federal, state, and local law; provides information about employees’ rights to form a union; and explains that worker rights apply regardless of immigration status.
New York City employers must post the Your Rights at Work poster where employees can easily view and access it; post it on their intranet or mobile app if they use them as a regular mode of communication to employees; and provide a copy of it to every current employee by July 1, 2024. In addition, employers must provide a copy of the notice on or before an employee’s first day of work, starting July 1, 2024.
Violations are subject to a $500 civil penalty. Enforcement is complaint-based. First time offenders will be given 30 days to correct the violation.
How:
- Familiarize yourself with the new law and its requirements.
- Post and distribute the “Your Rights at Work” poster by July 1, 2024.
Additional Resources:
Who: New York City employers
When: Bill of Rights Notice to be published by March 1, 2024; post and provide notice by July 1, 2024
On December 3, 2023, the New York City Council pass a law that will require New York City employers to provide a workers’ bill of rights their employees. Several agencies will work together to publish a final draft of the document on the City’s website no later than March 1, 2024.
Employers will have to:
- Post the notice on their website or mobile app;
- Post it in the workplace in a place that is accessible and visible to employees;
- Provide a copy of the bill of rights to their current employees by July 1, 2024; and
- Provide a copy to all new employees on their first day of work.
The notice must be in English and any language spoken as a primary language by at least 5% of employees, if the City has posted the information in said language.
The bill of rights will:
- State the federal, state, and local labor laws that protect employees and independent contractors,
- Provide information about employees’ rights to form a union, and
- Explain that worker rights apply regardless of immigration status.
Violations are subject to a $500 civil penalty.
How:
- Monitor the New York City website for the publication of the notice by March 1, 2024.
Additional Resources:
Who: New York employers
When: Effective January 1, 2024
On May 3, 2023, Governor Kathy Hochul signed SB S4006C into law, effective January 1, 2024. The law increases the New York minimum wage at the beginning of the year. In previous years, the minimum wage took effect in December.
The minimum wage for New York City, Westchester, and Long Island will increase to $16.00 per hour. The minimum wage for the rest of New York state will increase to $15.00 per hour. Further, the law states that New York will increase the minimum wage each year from January 1, 2024, to January 1, 2026. For 2027 and beyond, the state will base increases on the U.S. Department of Labor consumer price index, which is published by October 1 of the previous year. If the index is negative, there will be no increase in minimum wage.
The exempt salary threshold will also increase. In the past, the threshold has been 75 times the hourly minimum wage per week.
How:
- Provide updated Notices of Pay Rates to affected employees.
- Ensure that you are paying all employees in accordance with the new minimum wage as of the beginning of the year.
Additional Resources:
Who: New York employers
When: Effective November 13, 2023
On September 14, 2023, New York Governor Kathy Hochul signed Senate Bill 4878A, which amends Section 590 of New York Labor Law. The law goes into effect November 13, 2023, and applies to all New York employers.
The amendment requires employers to provide a written notice of their right to unemployment insurance benefits under these circumstances:
- Reduction in hours
- Permanent or indefinite separation
- Temporary separation
- Any other interruption of employment that results in total or partial unemployment
Employers must use the notice provided by the New York Department of Labor or one that it approves. It must include:
- Employer name,
- Employer registration number,
- Employer address, and
- Any other information required by the New York Department of Labor commissioner.
How:
- Provide notice of an employee’s right to unemployment insurance benefits upon separation as required by the law.
- Review your separation notices and agreements and update your notification process as needed to comply with the law.
Additional Resources:
Who: New York City employers
When: Effective immediately
On September 15, 2023, New York City amended its Earned Safe and Sick Time Act (ESSTA) and the New York City Department of Consumer and Worker Protection adopted the changes effective October 15, 2023. Changes include the definition of covered employee, how to determine employer size, notice requirements, documentation requirements, and how to make leave balances available to employees.
The amendments clarify that an employee who performs work, including telecommuting, only while physically located outside of the City of New York is not “employed for hire within the City of New York,” even if the employer is located in New York City. An employee with a primary work location outside of New York City could be covered “if they regularly perform, or are expected to regularly perform, work in New York City” during a calendar year. Only hours worked within the City count as “hours worked” for the purposes of safe and sick time accrual. All domestic workers are entitled to safe and sick time.
The amended law clarifies that for the purpose of counting employees to determine how much paid safe and sick time the employer has to provide, the count is based on the number of employees nationwide. The employer must count the highest total number of employees employed at any point during the calendar year to date, including full-time employees, part-time employees, employees jointly employed by one or more employers, and employees on leaves of absence, suspensions, and other temporary absence.
If an employer’s headcount increases to 100 employees at any time during the year, it must allow its employees to use an additional 16 hours of sick and safe time for the remainder of the calendar year (for a total of 56 hours). If an employer’s headcount shifts below 100 employees, it cannot reduce employee sick and safe time benefits from 56 hours to 40 hours until the following calendar year.
An employer may require reasonable advance notice of an employee’s need to use safe and sick time, but now they have to include information about that requirement in a written policy that explains how to give notice. Now an absence is considered “foreseeable” only if the employee is aware of the need to take the leave seven days or more before the use.
If an employer requires written documentation of an employee’s need for sick time, it must reimburse employees for all fees charged by a licensed health care provider and all reasonable costs or expenses incurred in obtaining such documentation. Documentation signed by a licensed clinical social worker or licensed mental health counselor is now considered “reasonable documentation” as long as it indicates a need for the employee to take sick time.
Employers who require documentation of the need to take safe and sick time must have a written policy that includes a statement of the requirement, the types of written documentation the employer will accept, and how employees can submit the documentation. Employers who withhold payment of safe and sick time until they receive reasonable documentation must state that rule in their policy.
Accruals of safe and sick time must account for all time worked, even when less than a 30-hour increment. Employers can round accruals to the nearest five minutes, one-tenth of an hour, or one-quarter of an hour.
The “regular rate of pay” means the employee’s regular rate of pay at the time they take safe and sick time. The rate cannot be less than the highest rate of the pay the employee is entitled to under applicable law, contract, or agreement.
Employers who provide paid safe and sick time in an annual upfront lump sum must inform employees upon hire that the time is immediately available for use. Employers must also include a written statement in their ESSTA policy that the employer will not ask for details about what led the employee to take safe and sick time and that they will keep the information confidential.
Additionally, the changes clarify employers’ responsibility to report accrual, usage, and balance information to employees. Employers must specify the balance and the amount of time available for use, if those two values differ. If they use an electronic system to issue documentation of the availability of sick and safe time, they must electronically alert the employee each pay period as to the availability of the required information; make the required content readily accessible by the employee outside of the workplace within the electronic system; and maintain accrual, use, and balance information for any past pay period in the electronic system.
If an employer fails to maintain or distribute a written safe and sick leave policy or maintain adequate records of employees’ safe and sick time use and balances, New York City will now make a “reasonable inference” that the employer is not in compliance with the ESSTA.
How:
- Monitor for the release of the updated Earned Safe and Sick Time notice.
- Monitor for updated administrative guidance on employers’ paid sick leave obligations.
- Update your safe and sick leave policies and paid time off policies to comply with the law.
- Train managers, supervisors, and HR personnel on the amended law.
Additional Resources:
Who: New York employers with 50 or more employees
When: Effective immediately
The New York State Department of Labor amended the New York State Worker Adjustment and Retraining Notification Act (NYS WARN Act), effective June 21, 2023. Employers with 50 or more employees at a single site must provide at least 90 days’ notice before closing a plant or enacting a mass layoff if:
- At least 33% of employees (a minimum of 25) lose their jobs/experience an employment loss at a single site (excluding part-time employees) OR
- 250 employees lose their jobs/experience an employment loss (excluding part-time employees).
Employers must now count remote workers as being employed at the site where they are based.
When selling a business, the seller must provide a notice to affected employees. The amendments specify that the seller has no such obligation if the buyer planned to transfer employees as part of the purchase agreement but then ends up not doing so.
The faltering business exception applies only to plant closings, not mass layoffs.
When asking the NY Department of Labor to make a determination about whether one of the exceptions to the WARN Act applies, employers must submit a request to the Commissioner of Labor within 10 business days of providing the required layoff/closing notice to the Commissioner, unless the Commissioner grants an extension. The request must include documentation that demonstrates why the exception is applicable and an affidavit stating that the information is true and correct.
The list of unforeseeable business circumstances warranting an exception to the Act now includes “a public health emergency, including but not limited to a pandemic, that results in a sudden and unexpected closure, [and] a terrorist attack directly affecting operations.”
Notice requirements have changed. The notice employers must give to the New York Commissioner of Labor and the chief elected official of the local government where the affected site is located, they must now also give it to the school district and the locality that provides police, firefighting, emergency medical or ambulance services, or other emergency services.
In addition, the notice must now include the following information:
- The complete legal business name, and any business names used in the operation of the business;
- Business addresses and email addresses for the employer’s and employees’ agents;
- The personal telephone number, personal email address (if known), job title, work location, full-time or part-time status, method of payment, and union affiliation of each employee to be laid off;
- The total number of their full-time and part-time employees in New York State and at each affected site;
- The number of affected full-time and part-time employees at each affected site; and
- Any other information required by the Commissioner.
The notice to affected employees must now include:
- The complete legal business name and any business names used in the operation of the business;
- The address of the affected employment site;
- The separation date;
- The business address and email address of the employer’s agent;
- Information about severance packages and financial incentives if an employee continues to work until the separation date;
- Available dislocated worker assistance; and
- For temporary layoffs or plant closings, the estimated duration.
The amended law explains how to calculate back pay for hourly and non-hourly employees when the employer fails to give proper notice. Employers can offset their liability for improper notice if they maintain “an employment agreement or a uniformly applied company policy” that provides for a notice period.
Employers are strongly encouraged to submit WARN notices through the online WARN Portal. An alternative way to submit a notice is to email it to WARN@labor.ny.gov
How:
- Seek legal counsel when contemplating a mass layoff or plant closing to ensure compliance with the WARN Act.
Additional Resources:
Who: New York employers with four or more employees
When: Effective September 17, 2023
New York Governor Kathy Hochul signed SB S1326 into law on March 3, 2023, effective September 17, 2023. The amendment applies to employers with four or more employees and to jobs that are physically performed in New York and jobs physically performed outside of New York when the employee reports to a supervisor, office, or other work site in New York.
The law amends the New York pay transparency law and requires employers to include the minimum and maximum annual salary or hourly range of compensation in job advertisements, including those for promotions and transfer opportunities. Advertising a job is defined as making “available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.” If a job description exists, the employer must post it with the job ad.
The amendment specifies that employers no longer need to maintain related records. Employers in local jurisdictions with pay transparency laws must comply with both local and state laws.
How:
- Review your job advertisements, job descriptions, and compensation ranges to determine if you need to make changes.
Additional Resources:
Who: New York employers
When: Effective immediately
The New York Department of Labor released a model Policy on the Rights of Employees to Express Breast Milk in the Workplace pursuant to the amended State Labor Law Section 206-C, which went into effect June 7, 2023. The law requires employers to provide lactation rooms or spaces that meet certain requirements to employees to breastfeed or express milk. It also requires employers to provide reasonable unpaid break time for employees to express milk for up to three years following the birth of a child. In addition, employees are allowed to use their paid break or meal time to express milk.
Employers must adopt a written policy for workplace lactation rights and provide the policy to employees upon hire, to all employees once a year, and to employees who return to work after having a child.
How:
- Review your lactation policy and update it to comply with the model policy.
- Provide the lactation policy to employees upon hire, to all employees once per year, and to employees who return to work after having a child.
Additional Resources:
New York Department of Labor Breast Milk Expression in the Workplace
New York Policy on the Rights of Employees to Express Breast Milk in the Workplace
New York Rights of Nursing Employees to Pump Breast Milk at Work Employer Guide
New York Your Rights as an Employee to Express Breast Milk at Work Employee Guide
Who: New York hospitality, transportation, and lodging employers
When: Effective immediately
On July 20, 2023, New York Governor Kathy Hochul signed legislation in an effort to provide resources and support for victims of human trafficking. Hospitality and transportation businesses must post signs in every public restroom with information about the rights of victims of human trafficking and resources for assistance. Establishments that sell alcoholic beverages or adult entertainment must display notices of human trafficking offenses. The signs must include the hotline for the National Human Trafficking Resource Center and the phone number for the Trafficking in Persons and Worker Exploitation Task Force Complaint Line. Businesses face penalties of up to $100 a day for violations.
All New York State Liquor Authority-certified Alcohol Training Awareness Programs (ATAP) must now include a human trafficking component, including the nature of the offense, how to recognize victims, and how to report suspected offenses. Starting on July 30, 2023, employers must provide onsite ATAP training to new hires within 60 days of hire and to current employees by November 20, 2023. Employers must maintain a record of the training for at least one year after the employee has separated from the employer. Businesses that do not comply will not be authorized to administer any ATAP.
The legislation requires every inn, hotel, motel, and motor court to train each employee who is likely to meet with guests how to recognize signs of human trafficking. They must provide the training within the first 60 days of employment. The Division of Criminal Justice Services, and the Office of Temporary and Disability Assistance will provide a list of approved training programs.
How:
- Provide training on the law starting July 30, 2023, and complete it by November 20, 2023.
Additional Resources:
New York Human Trafficking Poster English
New York Human Trafficking Poster Spanish
New York Department of Labor Human Trafficking
S.7360/A.9821 (New York State Liquor Authority-certified Alcohol Training Awareness Programs)
S.244B/A.887C (Lodging Facility Employees)
S.8711A/A.9883A (Public Restrooms)
S.8678/A.9814 (Truck Stops Posting)
S.8710/A.9406 (Airport Posting)
S.8262/A.9169 (Port Authority Airports Posting)
Who: New York City employers
When: Effective July 5, 2023
The New York City Department of Consumer and Worker Protection (DCWP) published the Final Rule regarding the implementation of its Artificial Intelligence (AI) law on April 6, 2023. The DCWP will begin enforcement of the AI law on July 5, 2023. The AI law restricts employers’ and employment agencies’ use of Automated Employment Decision Tools (AEDT) with regard to screening candidates or employees for employment decisions. Employers that use AEDT must:
- Subject the tool to a bias audit within one year of the tool’s use,
- Make information about the bias audit publicly available, and
- Provide notice to employees or applicants about their use of the tool.
The Final Rule defines terms, clarifies how bias audits can comply with the law, clarifies the specifics of how the employer must publish the results of the bias audit, recites requirements for notice to employees and applicants, and clarifies additional obligations for employers and employment agencies.
When determining if their use of AI triggers compliance with the law, employers should take into account the following elements of the definition of AEDT:
- It is a computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence.
- The process results in simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for hiring and promotions.
An employer must publish the date the employer first used the AEDT and a summary of the results of the bias audit on their website. The final rules state that the summary must contain “the source and explanation of the data used to conduct the bias audit, the number of individuals the AEDT assessed that fall within an unknown category, and the number of applicants or candidates, the selection or scoring rates, as applicable, and the impact ratios for all categories.” The auditor must be independent and not have been involved with the use, development, or distribution of the AEDT.
Violations are subject to a civil penalty of $375 for the first offense and $500 to $1,500 per subsequent offense or day of uncorrected violation.
How:
- Review your use of AEDT and work with legal counsel to determine if that triggers the need to comply with the AI law.
- Create or update your policies and processes to comply with the audit and notice requirements.
Additional Resources:
Who: New York employers
When: Effective immediately
On April 11, 2023, the New York State Department of Labor released an updated sexual harassment model policy and updated training materials. The agency drafted the new model in consultation with the New York State Division of Human Rights. The materials give more details that help employers and employees better understand employees’ rights in the workplace.
The updated materials give more information about gender identity, bystander intervention, and harassment of remote workers. They also provide more examples of scenarios of gender-based discrimination and clearly explain that the harassment need not be severe or pervasive to be illegal.
Employers may use the new training video to meet all minimum requirements except for the interactive portion, which could be a Q&A session or group discussion. The materials include a training assessment form, which employees need to complete and turn in to a supervisor. Employers need to keep a copy of the completed form for recordkeeping purposes.
If employers use something other than the state’s training model, the training must meet or exceed the state’s requirements. New York’s Combating Sexual Harassment website now includes a toolkit for workers and employers and updated FAQs. The agency added the toll-free confidential hotline, 1-800-HARASS-3, to the Combating Sexual Harassment in the Workplace website, policy, training materials, employee toolkit, and FAQs.
Employers must provide the Sexual Harassment Model Policy to all new hires and at the annual training. They can provide the notice to remote employees by posting it in a shared network and emailing it directly to all employees. Employers must also give employees a copy of the policy annually during the training.
How:
- Review the new materials and update your policy and training materials to comply with the law.
- Provide the Sexual Harassment Model Policy to all new hires and at the annual training.
- Post the Sexual Harassment Prevention poster.
- Provide training to employees once a year.
Additional Resources:
Minimum Standards for Sexual Harassment Prevention Policies
New York State Combating Sexual Harassment in the Workplace Website
New York State Model Sexual Harassment Policy and Training Website
Who: New York employers with warehouse distribution centers
When: Effective June 19, 2023
Governor Kathy Hochul signed A1000/S851 into law on March 3, 2023, which amended the Warehouse Worker Protection Act (WWPA). The WWPA was supposed to be effective February 19, 2023, but the effective date was pushed to June 19, 2023. The law requires employers at warehouse distribution centers to notify employees of quota systems the employer uses to track, monitor, and discipline workers. The purpose is to inform workers of how an employer is evaluating their performance.
Employers must provide employees a written description of each applicable quota or work standard—in English and the employee’s primary language—upon hire or within 30 days of the law’s effective date. Employers have two business days to notify employees of changes to the quota.
An employee may request their own work speed data and the aggregate data of similar employees, and the employer must provide it within 14 days.
The law amended the definitions of employer, employee, and warehouse distribution center. An employee under the WWPA is one who is non-exempt and is not a driver or courier. Employer is defined as one who employs or exercises control over 100 or more employees at a single distribution center or 1,000 or more employees at one or more centers in New York. The definition of warehouse distribution center was amended to exempt farm product warehouses.
Employers must maintain records that allow for compliance with requests from employees or the commissioner for three years.
The law protects employees against adverse employment action if the employer did not disclose the quota or if the employer did not allow for sufficient breaks. It also creates a rebuttable presumption of retaliation in situations where the employer takes an adverse employment action with 90 days of an employee’s first request in a calendar year for work speed data or making a complaint alleging a violation of the WWPA.
How:
- Create written descriptions of all quotas, and provide descriptions of quotas to employees by July 19, 2023.
- Develop a system to collect, compile, store, and share work speed data for individuals and peer groups.
- Write a procedure for complying with requests for work speed data.
- Train supervisors and employees who have authority to implement the provisions of the Warehouse Worker Protection Act.
- Consult with legal counsel to ensure compliance.
Additional Resources:
Who: New York employers
When: Effective June 7, 2023
Governor Kathy Hochul signed amendments to New York State’s Nursing Mothers in the Workplace Act into law on December 9, 2022, effective June 7, 2023. It applies to all employers, regardless of size. Employers must provide lactating employees daily paid or unpaid break time to express milk for up to three years following the birth of a child. The nursing mother may take a lactation break “each time such employee has reasonable need to express breast milk.”
Upon request by a lactating employee, an employer must designate a room or area that is in close proximity to the employee’s work area, shielded from view, well lit, and free from intrusion by other persons while the employee is using it. The room can’t be a restroom or toilet stall.
The designated room must have a chair, nearby access to clean running water, a working surface, and an electrical outlet. Employers must provide access to refrigeration to store milk (if the workplace has access to refrigeration). Employers must notify all employees when the room has been designated for lactation.
The New York Department of Labor will release a model policy that covers the rights of nursing mothers to express breast milk in the workplace. Employers must provide the policy notice to all new hires, once a year to all employees, and to all employees when they return to work after having a child.
The policy will also include information on how employees can request a room or area to express milk. Employers must respond to employees’ requests within five business days.
Employers that can prove undue hardship must still make a reasonable effort to provide a location close to the employee’s work area—other than a restroom or toilet stall—where the employee can express breast milk in private. The law requires a “cooperative dialogue” to identify accommodation that meets the employee’s needs.
Employers may not discriminate or retaliate against those employees that choose to exercise their rights under the law.
How:
- Post a notice regarding employee rights, or provide it in writing via your employee handbook or a policy.
- Monitor the New York Department of Labor website for a model policy.
- Review your lactation break policies and procedures and update as needed to comply with the law.
- Identify a room or location at the worksite that complies with the law.
- Train supervisors on the requirements of the amended law.
Additional Resources:
Who: New York City employers
When: Effective April 15, 2023
The New York City Department of Consumer and Worker Protection postponed the effective date of the New York City Automated Employment Decision Tools Law (AEDTL) from January 1, 2023, to April 15, 2023, in order to have a second public hearing in response to a high volume of comments on the December 2022 revisions to the proposed rules. AEDTL prohibits employers from using automated employment decision tools (AEDTs) (i.e., artificial intelligence) when making employment decisions about applicants and current employees.
The law was clarified to state that it applies only to AEDTs that result in employment decisions made a) that rely exclusively on a simplified output, b) where a simplified output is one of several criterion used but outweighs any other factors being considered, and c) using a simplified output to overrule conclusions derived from other factors, including human decision making. If the AEDT modifies conclusions derived from other sources, including human decision-making, the law does not apply.
Employers must notify applicants 10 days in advance if they plan to use automated technology tools to make employment decisions. They cannot use the tool if it has been more than a year since it has passed a bias audit conducted by an independent auditor. The amendment also modified the calculation of a scoring rate and impact bias.
Employers that don’t comply with the law may be fined up to $500 for a first violation, and up to $1,500 per subsequent violation.
How:
- Monitor for updates from the Department of Consumer and Worker Protection.
- Review your data-retention policies related to data collected by AEDTs.
- Review your existing use of automated technology in hiring and promotion practices to determine if it is covered by the law.
- Communicate with your vendors who operate AEDTs to ensure they are in compliance with the law.
- Plan how you will meet the independent audit and notice requirements of the law.
- Train HR personnel, managers, and supervisors on the provisions of the new law.
Additional Resources:
Who: Public and private New York State employers with more than 50 full-time employees
When: Effective immediately
All public and private New York State employers with more than 50 full-time employees must post the new Veterans’ Benefits and Services poster in the workplace and give employees access to it electronically, effective January 1, 2023. Electronic distribution can be on a company website or via email. Employers must also notify employees that the poster is available electronically.
The poster contains information on legal services, tax benefits, education, workforce and training resources, and mental health and substance abuse resources, as well as sexual assault and domestic violence hotline numbers.
How:
- Post the New York Veterans Benefits and Services Poster in the workplace and provide it to employees on your website or via email.
- Notify employees that the poster is available electronically.
Additional Resources:
Veteran Benefits and Services Poster
New York State Department of Labor Veteran Benefits and Services Website
Who: Albany County, New York employers
When: Effective March 9, 2023
Albany County, New York has enacted a pay transparency law, Local Law “E,” that goes into effect on March 9, 2023. The new law amends the Albany County Omnibus Human Rights Law. Employers must list the minimum and maximum salary or hourly wage that they “in good faith” believe they would pay when advertising a job, promotion, or transfer opportunity. The purpose is to prevent discrimination in employment and unequal pay.
Job postings for temporary employment at a temporary staffing firm are exempt from this law. The New York State pay transparency law that goes into effect September 2023 does not preempt or supersede any provisions of the Albany County local law.
How:
- Complete a pay equity audit before setting salary ranges for job postings.
- Review your internal policies and update them as needed to comply with the law.
- Train HR personnel, supervisors, and managers on how to comply with the law.
Additional Resources:
Who: New York State employers
When: Comments due by February 11, 2023
The New York Department of Labor published a model sexual harassment policy and is seeking public comment from January 12, 2023, to February 11, 2023, before releasing a final version. The agency drafted the new model in consultation with the New York State Division of Human Rights, which gives more details to help employers and employees better understand employees’ rights in the workplace. It expands on gender identity, bystander intervention, and remote workers. It also provides more examples of scenarios of gender-based discrimination. The agency states that it is committed to ensuring the model policy reflects the evolution of the world of work. The agency will review the New York Sexual Harassment Policy every four years.
The agency is revising its training videos on sexual harassment prevention. Employers must provide training once a year to employees.
How:
- Monitor for the release of the final model policy.
- Familiarize yourself with the changes and incorporate them into your sexual harassment prevention policy.
- Monitor for the updated training to be released.
Additional Resources:
Proposed Sexual Harassment Policy for All Employers in New York State
New York Model Sexual Harassment Prevention Policy Comment Submission Site
Who: New York State employers
When: Effective February 19, 2023
New York Governor Kathy Hochul signed Senate Bill S1958A on November 21, 2022, which takes effect February 19, 2023, and amends New York Labor Law Section 215. It states that employers may not discipline, punish, or discriminate or retaliate against employees for taking a lawful absence pursuant to federal, local, or state law.
Employers may not assess points, demerits, occurrences, or any other points, or deduct from an allotted bank of time for such an absence. Violators may be assessed civil penalties of up to $10,000 for a first violation and $20,000 for subsequent violations, plus liquidated damages, front pay, restitution for lost compensation, and reinstatement.
How:
- Update all leave policies to comply with the law.
- Provide notice of the updated policies to all employees.
- Train HR personnel, managers, and supervisors on the law.
Additional Resources:
Who: New York State employers
When: Effective immediately
Governor Kathy Hochul signed A0795 into law on December 16, 2022, which amends New York Labor Law Section 201. In recognition of the fact that more and more employees are working away from the jobsite, the law requires employers to provide an electronic version of mandatory workplace postings to employees, including federal and industry-specific posters.
The employer can email the posters to employees or post them on the company website. Employers must still physically post posters in the workplace as well. Employers must advise employees that the posters are available electronically. Employers that do not comply may be fined.
How:
- Post electronic versions of the posters to your company intranet or email them to employees.
- Notify employees of the availability of electronic posters.
- Update your employee handbook with the notification.
Additional Resources:
Who: New York employers
When: Effective January 1, 2023
New York has amended its Paid Family Leave to include an updated definition of covered family members, an increase in the maximum weekly benefits, and a decrease in the employee contribution rate, effective January 1, 2023. The program allows eligible employees to take up to 12 weeks of job-protected time off to care for a new child, care for a family member with a serious health condition, or for qualifying exigencies related to military service.
Covered family members now include biological or adopted siblings, half-siblings, and step-siblings, which means employees may take time off to care for siblings who have a serious health condition.
The weekly paid family leave benefit is increasing in 2023 to a maximum of $1,131.08, which is 67% of the 2023 New York State average weekly wage.
The employee contribution rate will decrease to 0.455% of gross wages per pay period, with a $399.43 maximum annual contribution for 2023.
Employees are eligible to take the leave if they regularly work 20 or more hours per week after 26 consecutive weeks of employment or regularly work fewer than 20 hours per week after 175 working days.
How:
- Update your paid family leave policies and documentation to comply with the law.
Additional Resources:
New York Employee Notice of Paid Family Leave Payroll Deduction Form
New York Paid Family Leave Updates for 2023
New York State Paid Family Leave At a Glance 2023
New York Paid Family Leave Employer Resources Model Language for Employee Materials
New York Paid Family Leave Statement of Rights
New York Employee Notice of Paid Family Leave Sibling Care for 2023
