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New York, N.Y. (February 23, 2022) – In 2021,
the New York State Legislature and the New York Metropolis Council had been
usually lively in adopting new legal guidelines and amending present legal guidelines
referring to labor and employment. Employers in these jurisdictions
should proceed to remain nimble in adjusting themselves to modifications in
the regulation that influence how they function in a myriad of respects. We
summarize the important thing developments under.
NEW YORK STATE
Marijuana
New York formally legalized leisure marijuana use for
adults aged 21 and older, thereby creating a brand new protected class.
Adults are actually permitted to devour, possess, buy, show,
receive, and transport marijuana in restricted portions. As well as,
the regulation additionally creates a brand new class of people entitled to
cheap lodging within the office. As a result of medical
practitioners are actually in a position to suggest medical marijuana for
therapy of any situation, the potential realm of “licensed
medical marijuana customers” has been expanded to incorporate extra
than simply people affected by a “severe medical
situation.” Employers are prohibited from discriminating
in opposition to staff based mostly on their off-duty use of marijuana.
Employers might, nevertheless, prohibit marijuana use throughout work hours,
on firm property, and whereas an worker is utilizing firm
gear or property. Employers might take antagonistic motion in opposition to
staff for on-duty marijuana use when acceptable, akin to when
an worker is impaired by marijuana whereas at work.
Paid Depart
The Empire State additionally expanded its Paid Household Depart Legislation and
Paid Sick Depart Legislation. The previous was amended to supply that
staff who take depart to take care of relations can now achieve this
to care for his or her siblings. Workers eligible for paid household
depart might take as much as 12 weeks off from work to take care of siblings,
which incorporates organic, adopted, half, and step-siblings, whereas
incomes 67% of their pay. Depart may be taken to take care of
relations who stay outdoors of the state or nation and endure
from severe well being circumstances.
The Paid Sick Depart Legislation was revised particularly to cope with
pandemic-related points. Employers should now present 4 hours of
paid depart time for all non-public and public sector staff after
every COVID-19 injection, along with 4 hours for every
worker’s kid’s injection. The Paid Sick Depart Legislation additionally
covers paid depart for workers to care for his or her kids who’re
experiencing short-term COVID-19 vaccination negative effects.
Wage Theft
The New York State Labor Legislation was amended to facilitate worker
claims for unpaid and owed wages. The “No Wage Theft Loophole
Act” eliminates a loophole concerning the applying of the
Labor Legislation’s prohibition in opposition to improper deductions when an
employer withholds an worker’s pay in full. Workers might now
convey non-public lawsuits in opposition to their employers below the Labor Legislation
when both a portion of their pay or full pay is withheld.
HERO Act
New York enacted the novel HERO Act. Precipitated by the
COVID-19 pandemic, the regulation goals to make sure that employers have a
plan in place in case of airborne infectious illness. Employers are
required both to undertake the relevant requirements established by
the State Division of Labor or to determine another
equal airborne infectious illness publicity plan. Employers are
obligated to put up their plan within the office and supply it to all
staff both in writing or within the worker handbook. Employers
with 10 or extra staff should additionally allow the formation of a
joint-management labor office security committee (if one is just not
already in place), consisting of not less than two-thirds non-managerial
staff. Committees are allowed to lift points concerning
office occupational security and well being related to insurance policies
put into place by the HERO Act.
Wage Thresholds
Lastly, New York State elevated sure counties’ wage
thresholds for classifying government and administrative staff
as exempt. Now, the thresholds for people working in Nassau,
Suffolk, and Westchester Counties mirror New York Metropolis at $58,500
annual wages, and the classification threshold for the remainder of the
state is $51,480.
NEW YORK CITY
Ban the Field
New York Metropolis expanded the scope of its Truthful Probability Act (FCA),
or “ban-the-box” regulation, to extend safety for each
candidates and staff with prison backgrounds, together with
convictions, prices, and arrests. The FCA initially protected job
candidates solely, however it now extends to supply protections for
present staff in addition to interns, freelancers, and impartial
contractors. The regulation was additionally broadened with respect to what’s
thought of “prison historical past,” which now consists of pending
arrests and different prison accusations. Employers are subsequently
prohibited from inquiring or taking antagonistic employment actions
in opposition to an applicant or an worker for these bases in addition to for
violations, non-criminal offenses, non-pending arrests, or
adjournments in contemplation of dismissal, youthful offender
adjudications, or sealed offenses, if disclosure of such issues
would violate the New York Metropolis Human Rights Legislation.
This ordinance prohibits employers from inquiring about or
contemplating details about a person’s conviction
historical past or pending circumstances till after a conditional provide of
employment is made. After the employer extends a conditional
employment provide, that provide can solely be withdrawn in restricted
circumstances after following a stringent course of. New FCA
rules have been adopted, which set forth the seven components
that employers should think about when contemplating taking an antagonistic
motion in opposition to an applicant or worker based mostly on arrest and
conviction historical past. These components are:
- New York Metropolis’s coverage to beat stigma towards and
pointless exclusion of individuals with prison justice involvement
within the areas of licensure and employment; - The particular duties and obligations essentially associated to
the employment held by the particular person; - The bearing, if any, of the prison offense for which the
applicant or worker was convicted, or that’s alleged within the case
of pending arrests or prison accusations, on the applicant or
worker’s health or capacity to carry out a number of such
duties or obligations; - Whether or not the particular person was 25 years outdated or youthful on the time the
prison offense at concern occurred; - The seriousness of the offense;
- The reliable curiosity of the general public company or non-public
employer in defending property and the protection and welfare of
particular people or most of the people; and - Any extra info produced by the applicant or
worker, or produced on their behalf, as to their rehabilitation
or good conduct, together with a historical past of constructive efficiency and
conduct on the job or in the neighborhood, or every other proof of
good conduct.
After contemplating such components, an employer might solely rescind a
conditional job provide after figuring out that there’s both (a) a
direct relationship between the alleged wrongdoing that’s the
topic of the pending arrest or prison accusation and the
employment sought or held, or (b) granting or persevering with employment
would contain an unreasonable danger to property or to the protection or
welfare of people or most of the people. Additional, earlier than the
employer can withdraw a conditional provide of employment based mostly on an
applicant or present worker’s prison historical past, the employer
should present a discover and written evaluation making use of the components
said above and stating the premise for its determination. Employers should
additionally permit the applicant or worker an inexpensive time to reply
earlier than making any antagonistic determination.
Vaccines
Within the COVID-19 realm, a vaccine mandate was enacted for all
non-public employers in New York Metropolis. Personal sector employers are
required to acquire and confidentially keep their staff’
vaccination info. Workers who don’t present proof of
vaccination are prohibited from coming into the office (outlined as
any location the place people work within the presence of others).
Employers can proceed to make use of unvaccinated people in the event that they
are in a position to do business from home. If an worker can solely present proof
of 1 vaccine injection, and if multiple is required, the
worker should present proof of the second vaccination dose inside
45 days of the primary. This mandate applies until the worker
falls inside a medical or non secular exemption.
Paid Depart
New York Metropolis additionally expanded its Paid Depart Legislation to supply
extra paid depart for workers and authorized guardians with minor
kids (and grownup kids with psychological or bodily disabilities)
to get COVID-19 vaccinations.
Metropolis Contractors
Underneath a 2021 New York Metropolis Government Order, organizations that
contract with metropolis businesses for the supply of human providers are
topic to added sexual harassment reporting necessities. Human
providers suppliers below the regulation consists of day care, foster care,
dwelling care, homeless help, housing and shelter help,
preventive providers, youth providers, and senior facilities, well being or
medical providers together with these offered by well being upkeep
organizations, authorized providers, employment help providers,
vocational and academic packages, and recreation packages. If
the New York Metropolis Division of Investigation pursues an
investigation, coated entities are required to make obtainable
their sexual harassment insurance policies and grievance procedures, any
worker, consumer, or different particular person’s complaints or
allegations of sexual harassment or retaliation by the CEO or
equal principal (together with the ultimate dedication or judgment
of mentioned grievance), and different info as requested.
Biometric Info
Lastly, within the employment and knowledge privateness enviornment, companies in
New York Metropolis are actually topic to restrictions on the sale of,
leasing of, or taking advantage of biometric details about clients
and staff. Companies should put up notices to clients and
staff if they are going to be gathering such info, which
consists of traits akin to retina scans and fingerprints.
The regulation offers a 30-day discover and treatment interval for violations of
the signage requirement. Nevertheless, a person might pursue a
non-public lawsuit with out giving any such discover if the entity has
offered or shared the biometric info.
The content material of this text is meant to supply a common
information to the subject material. Specialist recommendation ought to be sought
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