New York Judge Blocks COVID-19 Vaccination Mandate for Healthcare Facilities

On January 17, 2023, a New York trial court judge struck down the state’s vaccine mandate for healthcare workers, ruling that the New York State Department of Health (DOH) acted outside its authority and noting that “the COVID-19 shots do not prevent transmission.”

New York State Publishes Proposed Updated Model Sexual Harassment Prevention Policy

In accordance with its quadrennial obligation to evaluate the impact of New York State’s Model Sexual Harassment Prevention Policy in the workplace, on January 12, 2023, the New York State Department of Labor (NYSDOL), in consultation with the New York State Division of Human Rights, published a proposed updated model sexual harassment prevention policy.

Albany County, New York’s New Law Requiring Disclosure of Pay Ranges in Job Postings

Employers in Albany County, New York, will soon be required to disclose expected pay ranges in job postings under a new pay transparency law. The law, which is expected to go into effect on March 9, 2023, adds Albany County to the growing list of jurisdictions across New York State with similar pay transparency requirements.

New York City’s New Job Protection Bill: Will It End At-Will Employment?

New York City is considering a bill known as the “Secure Jobs Act,” which would prohibit employers from discharging employees without “just cause” and advanced notice in most cases. Introduced on December 7, 2022, Int 0837-2022 would further restrict employers’ use of electronic monitoring and biometric data in making discharge and disciplinary decisions, and provide other protections for workers.

New York State’s Requirement to Provide Workplace Notices and Posters Electronically: What Employers Need to Know

In an acknowledgement of the increase in remote work, on December 16, 2022, New York State Governor Kathy Hochul signed into law Senate Bill S6805, which amends section 201 of the New York Labor Law to require New York State employers to make available electronically notices and posters that are required by law to be physically posted in the workplace.

New York City Updates Proposed Rules for Automated Employment Decision Tools: What’s New and What’s Next

On December 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) published updated proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local Law 144). The law conditions the use of automated employment decision tools to screen candidates for employment or employees for promotion within the city on compliance with certain requirements, including the performance of a bias audit, and the furnishing of notifications to candidates and employees.

State and Major Locality Minimum Wage Updates for 2023

Several state and local minimum wage rates will increase in 2023, with a majority of the changes effective on January 1, 2023. The following chart lists state and certain major locality minimum wage increases for 2023—and future years, if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.

New York City Postpones Enforcement of Automated Employment Decision Tools Law, Will Hold Second Public Hearing

With the January 1, 2023, effective date of New York City’s automated employment decision tools law looming, the city’s Department of Consumer and Worker Protection announced on December 12, 2022, that it intended to convene a second public hearing and postpone enforcement of the law until April 15, 2023.

New York Enacts Law Prohibiting Discipline for Legally Protected Absences

On November 21, 2022, Governor Kathy Hochul signed into law Senate Bill S1958A, which amends section 215 of the New York Labor Law (NYLL) to enhance protections for employees who take legally protected absences. The law takes effect on February 19, 2023.

New York City COVID-19 Vaccine Mandates Dealt a Fatal Blow

On October 25, 2022, the Supreme Court of the State of New York, Richmond County, upheld a challenge to New York City’s vaccine mandate for public-sector employees, ordered the immediate reinstatement of and back pay to former New York City Department of Sanitation employees who had challenged the mandate, and declared the vaccine mandate for private-sector employees to be arbitrary and capricious.

New York City’s Automated Employment Decision Tools Law: Proposed Rules Are Finally Here

On September 23, 2022, the New York City Department of Consumer and Worker Protection published proposed rules to implement the city’s automated employment decision tools (AEDT) law. The law, which will take effect on January 1, 2023, conditions the use of automated employment decision tools by employers and employment agencies on their compliance with certain requirements, including the performance of bias audits and the furnishing of notifications to candidates and employees. The proposed rules define several key terms, identify the requirements for a bias audit, address obligations for publishing the results of a bias audit, and specify the notices to be furnished to employees and candidates for employment.

New York City to Convene Hearing on Proposed Rules for Automated Decision Tools Legislation

As we previously reported, restrictions concerning the use of automated tools to screen candidates for employment or employees for promotion within New York City are scheduled to take effect on January 1, 2023. The New York City Department of Consumer and Worker Protection will hold a public hearing concerning proposed rules to implement the closely watched law on Monday, October 24, 2022.

NYC Private-Sector Vaccine Mandate Becomes Optional Beginning November 1, 2022

On September 20, 2022, New York City Mayor Eric Adams announced that New York City’s private-sector vaccine mandate would become optional for businesses, beginning on November 1, 2022. The first-in-the-nation COVID-19 vaccination mandate for private-sector workers enacted by former mayor Bill de Blasio took effect on December 27, 2021.

New York State Launches Hotline for Reporting Sexual Harassment in the Workplace

On July 19, 2022, New York Governor Kathy Hochul announced the launch of a statewide confidential hotline for complaints of workplace sexual harassment. The hotline was provided under Senate Bill No. S812B, which Governor Hochul signed into law on March 16, 2022, as part of a legislative package enacted to address sexual harassment in the workplace.

New York City Council Passes Amended Salary Disclosure Law, Paving the Way for Enactment

On April 28, 2022, the New York City Council passed Int. No. 134-A, which revises Local Law 32, New York City’s previously enacted salary disclosure law. In order to become law, the bill must be signed by New York City Mayor Eric Adams. While the mayor has thirty days to consider the bill, timing is key as the current salary disclosure law is set to take effect on May 15, 2022.

New York City Council Proposes Amendments to Pay Transparency Law

On March 24, 2022, the New York City Council took up a new bill, Int. No. 134, which proposes changes to the local law enacted on January 15, 2022, regarding transparent pay practices. The local law, which is currently set to go into effect on May 15, 2022, makes it an “unlawful discriminatory practice” for employers with four or more employees to post job advertisements, internal promotions, or transfer opportunities without setting forth the anticipated salary ranges.

NYC Commission on Human Rights Issues Guidance Regarding Minimum and Maximum Salaries in Job Postings

On March 22, 2022, the New York City Commission on Human Rights (NYCCHR) published long-awaited guidance regarding New York City’s salary disclosure law, which requires employers to post the anticipated “minimum and maximum salary” in job advertisements. The law, which was passed on December 15, 2021, and takes effect on May 15, 2022, requires employers to include a “good faith” salary range in any external or internal job posting, as well as promotion or transfer opportunity.

New York City Private Employer Vaccination Mandate Remains, but Exemptions Expanded for Athletes and Performing Artists

On March 24, 2022, New York City Mayor Eric Adams signed Emergency Executive Order No. 62, which expands an exemption to New York’s vaccination order for private-sector workers to include athletes and performing artists who reside in New York City. The executive order takes effect immediately.

New York Enacts Series of Bills Focusing on Workplace Discrimination and Harassment

On March 16, 2022, New York Governor Kathy Hochul signed a series of bills into law designed at combatting harassment and discrimination in the workplace. The governor has made addressing sexual harassment in the workplace part of her “Equity Agenda,” (which is part of the 2022 State of the State) and a number of other bills aimed at strengthening New York’s discrimination laws are already in motion.

New York City Will Lift Mask and ‘Key to NYC’ Requirements

On February 27, 2022, New York City Mayor Eric Adams announced that if COVID-19 indicators continue to display low risk levels, the “Key to NYC” will be lifted, effective March 7, 2022. Individuals will no longer be required to show proof of vaccination to enter certain covered establishments, such as indoor dining, entertainment, and fitness establishments. Former New York City mayor Bill De Blasio implemented the Key to NYC through Emergency Executive Order 225 on August 17, 2021.

New York State’s Expanded Whistleblower Protection Law: 5 Action Items for Employers

On January 26, 2022, amendments to New York’s whistleblower protection law, codified at section 740 of the New York Labor Law (NYLL), took effect. As we previously reported, these amendments significantly expand the scope of section 740. Although New York employers that also operate in states with expansive private-sector whistleblower protection laws, such as New Jersey, Oregon, or Virginia, may not need to make significant adjustments, other employers may wish to consider updating their policies; implementing or enhancing support structures, including robust and accessible reporting mechanisms and regular training for supervisors, managers, and human resources professionals; and identifying appropriate resources for investigating complaints.