New York State recently updated several employment related laws that will impact almost everyone. Below is just a snapshot of some of the recent changes for the year 2022.
Notice Requirement for Employee Electronic Monitoring
Employees are now entitled to some electronic privacy protection. Governor Hochul recently signed a new law, effective May 7, 2022, that amends New York State’s Civil Rights Law to require employers to provide New York State employees with written notice upon hiring to inform them of the types of electronic monitoring that may occur. Employers are also required to post the notice and obtain written acknowledgment of the notice. The full bill can be found here: New York AB 430 (SB 2628)
Covid-19 Vaccination Paid Leave Laws
The New York State Department of Labor (DOL) recently updated its guidance under Section 196-c of the New York Labor Law (NYLL) to mandate that employers provide up to four (4) hours of paid leave for each shot regarding the Covid-19 vaccine, including booster shots. For the full Q&A on this issue, please see the DOL’s updated guidance here: Covid-19 Vaccine Paid Leave.
New York State Minimum Wage Rate Increase
Minimum wage in Upstate New York for private employers is increasing December 31, 2021 from $12.50 to $13.20 in the area outside of New York City. The Fast-Food Minimum Wage will increase from $13.20 to $15.00 per hour on December 31, 2021 as well. The minimum wage increases can vary by geographic location and sometimes even by the industry. For example, there is specific guidance on the hospitality industry, food service employees, service workers, and more. Therefore, employers should carefully review the full minimum wage schedule per region that was recently published in the New York State Division of the 2022 Budget found here: Minimum Wage Increase 2022
The overtime threshold is also anticipated to increase from $937.50 to $990.00 per week for Upstate New York employees due to the increase in minimum wage. The exemption thresholds vary based on location, so employers in the New York City and surrounding areas should double check to see what the increase will be for their area.
Contractor Joint and Several Liability for Subcontractor Employee Wages
Governor Hochul recently signed a new law, effective January 4, 2022, that finds general contractors in New York State to be considered jointly and severally liable for wages, benefits, or wage supplements that a subcontractor owes to its construction workers. The new law also provides contractors with the authority to demand payroll information from subcontractors and withhold payment if the information is not provided. The full bill can be found here: New York SB 2766C/AB 3350A
We will continue to keep you updated on the changes to be made in 2022 regarding employment laws as the list continues to grow. This article does not contain every aspect of the new laws discussed, so please feel free to reach out and schedule a consultation to discuss any questions you may have that are specific to your company or individual needs.
This article is intended for general information and educational purposes only and should not be considered legal advice or counsel. No attorney-client relationship is created by the distribution of this article. The substance of this article is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2021 Law Office of Regina Sarkis, PLLC.