New Changes to New York State and New York City Labor Laws

Article contributed by Jaclyn Ok. Ruocco, Esq., Ellenoff Grossman & Schole LLP

New York employers within the hospitality business are not any strangers to the fixed proliferation of labor legal guidelines they have to sustain with so as to keep away from substantial penalties and costly lawsuits.

Now, simply because the hustle to comply with COVID-related labor legal guidelines calms down, employers needs to be conscious that there are a number of new necessities and modifications to present New York regulation that needs to be addressed.

New York City Employers: Obligatory Posting of Wage Ranges

Efficient Could 15, 2022, New York City employers with 4 or extra workers should present a minimal and most wage in any commercial for a job, promotion or switch alternative. The required wage vary might embrace the bottom and highest potential wage that the employer believes “in good faith at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.” When counting the variety of workers so as to decide if the regulation applies to your institution, you will need to embrace any impartial contractors and relations that be just right for you.

The aim of this regulation is comparable to the City’s ban on inquiring right into a job candidate’s wage historical past, in order to promote equal pay amongst workers and job candidates no matter race, gender and/or every other protected attribute underneath City regulation. Whereas the regulation goes into impact later this Spring, there are nonetheless many unanswered questions regarding compliance, for instance, does it apply to hourly positions, what constitutes an “advertisement”, what’s the interaction, if any, with a collective bargaining settlement. Because the efficient date nears, the City might publish further steering that solutions a few of these questions. Employers ought to evaluate any job postings with authorized counsel to guarantee compliance.

All New York State Employers: Enlargement of Whistleblower Legislation

Efficient January 26, 2022, New York State considerably expanded its present whistleblower regulation, which beforehand prohibited employers from retaliating in opposition to an worker for reporting or threatening to report precise violations of regulation that current a considerable and particular hazard to the general public’s well being or security. Now, the regulation additionally prohibits retaliation when an worker, former worker or an impartial contractor, reviews or threatens to report firm exercise that the person moderately believes is in violation of a regulation (no matter whether or not it’s an precise violation of the regulation) or that poses a considerable and particular hazard to the general public’s well being or security.

A number of different modifications had been made to increase worker protections underneath this regulation, together with enjoyable the requirement that an worker notify the employer in order that the employer has a time frame to remedy the alleged violation earlier than the regulation is triggered. Moreover, employers at the moment are required to inform workers of their protections, rights and obligations pursuant to the whistleblower regulation by posting a discover within the office in a “conspicuous, easily accessible and well-lit place customarily frequented by employees and applicants for employment.” A mannequin poster may be discovered right here:

The growth of the City’s whistleblower regulation reinforces an worker’s proper to complain about office points with out concern of retribution.  Employers are inspired to prepare managers on these anti-retaliation guidelines so as to keep away from pointless penalties or lawsuits.

All New York State Employers: New Necessities for Digital Monitoring of Workers

Efficient Could 7, 2022, all New York employers that monitor worker e mail, phone or web utilization should present advance written discover to workers who’re topic to such monitoring and should submit a discover of digital monitoring in a “conspicuous place which is readily available for viewing” by workers.

The discover should present that “any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee by any electronic device or system” could also be topic to monitoring “at any and all times by any lawful means.” The discover should additionally determine the digital gadgets or programs that could be topic to monitoring together with, however not restricted to, “computer, telephone, wire, radio or electromagnetic, photoelectronic or photo-optical systems.” Discover have to be supplied to present workers by the efficient date and thereafter for brand new workers upon their rent date. Employers should preserve written information of acknowledgement of receipt of such discover by workers.

Whereas discover and poster necessities appear trivial within the difficult scheme of New York labor regulation, violations of those legal guidelines can lead to vital penalties by the City or State governmental businesses and will definitely be low hanging fruit for plaintiffs’ attorneys to file lawsuits in opposition to employers, which might open firms up to broad discovery obligations and costly protracted litigation.

New York employers are inspired to seek the advice of with labor and employment counsel to guarantee firm compliance with these new authorized necessities.

EGS Jaclyn K RuoccoJaclyn Ok. Ruocco is an affiliate within the Agency’s Labor and Employment Observe Group. Ms. Ruocco represents hospitality firms in all areas of federal, state and native labor and employment regulation, together with conventional labor relations, employment counseling, and employment litigation protection. As a part of her observe, Ms. Ruocco has broad expertise in negotiating and decoding labor contracts and separation agreements, conducting administration and worker trainings, and devising firm insurance policies. Ms. Ruocco may be reached at (212) 370-1300 or

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