New York Labor and Employment Law Report
December 8, 2022
With 2022 nearing its end, many states and counties look to pass new employment laws and regulations at the turn of the year. While this is not intended to be a complete update of New York employment law, this article details a few highlights in this area.
Read More >> Wage Transparency Law and NYS Paid Family Leave Policy Updates
December 6, 2022
On Nov. 21, 2022 New York Governor Kathy Hochul signed a Bill A8092-B/S1958 into law that expands retaliatory workplace protections for employees. The newly signed law amends New York Labor Law (NYLL) Section 215 to prohibit an employer from punishing or disciplining an employee who takes time off work for a “lawful absence” protected by federal, state or local law.
Read More >> New York Expands Retaliatory Workplace Safeguards for Protected Leave
December 1, 2022
On Nov. 2, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking seeking to strengthen protections for unions in the election process. Among other things, the proposal would alter the rules instituted by the Trump Board in 2020 that made it easier for employees to decertify incumbent unions. The proposed changes are purportedly intended to protect workers’ ability to make free choices regarding union representation and to encourage collective bargaining.
Read More >> NLRB Proposes to Roll Back Union Election Rules
November 22, 2022
On June 23, 2022, the U.S. Supreme Court struck down New York’s requirement that individuals demonstrate an individualized need for protection to obtain a permit allowing them to carry a firearm for self-defense outside their home or business. In response, on July 1, 2022, Gov. Kathy Hochul signed new legislation – the Concealed Carry Improvement Act (CCIA) – which modifies the requirements for obtaining a conceal and carry permit and prohibits the possession of firearms in areas deemed “sensitive” or “restricted.” Under the CCIA, places of employment and business constitute restricted areas in which the possession of firearms is only permitted with express permission from the property owner or lessee.
Read More >> Additional Developments to New York’s Concealed Carry Improvement Act
November 15, 2022
Changes are on the horizon for Albany County after the county Legislature passed several laws in October, including legislation meant to provide greater salary transparency for job seekers. Local Law “E,” sponsored by Albany Democrat Carolyn McLaughlin, requires county employers to post the minimum and maximum salary range when advertising an open position, promotion or transfer. Adopted on Oct. 11, 2022, this law amends Local Law No. 1 for 2013, “An Omnibus Human Rights Law for Albany County” and is set to go into effect 90 days after being signed by the Albany County executive.
November 10, 2022
With the proliferation of remote work options in today’s post-pandemic world, employers’ electronic monitoring of their employees’ daily activities has become more routine. On October 31, the National Labor Relations Board (Board) general counsel (GC) released a new memo cautioning against the potential violations of Section 7 of the National Labor Relations Act (Act) that use of such electronic monitoring may raise by “significantly impairing or negating employees’ ability to engage in protected activity and keep that activity confidential from their employer[.]” The GC announced intent to urge the Board to “zealously enforc[e]” existing Board precedent in this context and protect employees rights “to the greatest extent possible.”
November 4, 2022
On Oct. 20, 2022, the Equal Employment Opportunity Commission (EEOC) released an updated poster, titled “Know Your Rights.” This poster replaces the EEOC’s “Equal Employment Opportunity is the Law” poster, and covered employers are now required to replace the prior posters with the new version.
Read More >> EEOC Releases Update to “Know Your Rights” Poster
October 31, 2022
Overview
In March of 2021, New York passed the Marijuana Regulation and Taxation Act (MRTA), which legalized the recreational use of cannabis for individuals over the age of 21. When passed, the MRTA amended Labor Law § 201-d to protect an employee’s right to use “consumable products,” which now includes cannabis. However, the employee’s right to use cannabis is protected only if the use is (1) outside of work hours; (2) off of the employer’s premises; and (3) without use of the employer’s equipment or other property.
Read More >> Recreational Marijuana Use in the Workplace: An Update
October 25, 2022
In a September 2021 memorandum, the National Labor Relations Board (NLRB) signaled its intent to exercise the full extent of its power to enforce stricter and more costly penalties for unfair labor practices (ULPs). The change was made evident in June 2022, when the Board issued a consequential damages award in a settlement agreement for the first time ever.
Read More >> National Labor Relations Board Stepping Up Penalties for Unfair Labor Practices
October 20, 2022
On Oct. 11, 2022, the U.S. DOL of Labor (DOL) released a Notice of Proposed Rulemaking that would revise the analysis for determining independent contractor status under the Fair Labor Standards Act (FLSA). The proposed standard would rescind the current rule that has been in effect since March 8, 2021.
Read More >> DOL Proposes New Rule For Independent Contractor Classification
October 18, 2022
On Sept. 30, 2022, State Labor Commissioner Roberta Reardon announced that she has accepted the New York Farm Laborers Wage Board’s recommendation to lower the overtime threshold for agricultural workers from 60 hours down to 40 hours. During its Sept. 6, 2022 meeting, the Board voted 2-1 in favor of submitting its report recommending a 10-year phase in schedule for a 40-hour threshold. The overtime threshold will be reduced by four hours every two years beginning on Jan. 1, 2024 until it reaches 40 hours in the year 2032.
Read More >> New York Lowers Overtime Threshold for Agricultural Workers
October 17, 2022
Late last year, the New York City Council passed Local Law 144, which regulates employers and employment agencies’ use of “automated employment decision tools,” (AEDT), in making employment decisions. This new law is set to take effect on Jan. 1, 2023. In summary, the new law prohibits an employer or employment agency from using automated employment decision tools in making employment decisions unless, prior to using the tool, the following requirements are met: (1) the tool has been subject to a bias audit within the last year; and (2) a summary of the results of the most recent bias audit and distribution data for the tool have been made publicly available on the employer or employment agency’s website. Please see our prior blog post for a more thorough summary of the law.
