On May 12, 2022, New York City Mayor Eric Adams signed Introduction Number (Int. No.) 134-A into law, just days before the current salary disclosure law was set to take effect. New York City’s salary disclosure law will now take effect on November 1, 2022.
On May 12, 2022, New York City Mayor Eric Adams will hold a hearing on New York City’s salary disclosure bill, Introduction Number 134-A. The bill, which the New York City Council passed on April 28, 2022, would revise Local Law 32, New York City’s previously enacted salary disclosure law.
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.
Under an amendment to the New York Civil Rights Law that will take effect on May 7, 2022, private-sector employers that monitor their employees’ use of telephones, emails, and the internet must provide notice of such monitoring. The following provides highlights of the new 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.
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.
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.
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.
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.
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.
On January 25, 2022, the New York Appellate Division, Second Department granted a stay of a Nassau County trial court’s injunction of the enforcement of the state’s mask mandate, which went into effect on December 13, 2021. The mandate, which was announced by Governor Kathy Hochul on December 10, 2021, required that masks be worn in indoor public spaces, unless a covered businesses had implemented a mandatory vaccination requirement.
On December 13, 2021, New York Governor Kathy Hochul instituted a mandate requiring that masks be worn in indoor public spaces, unless a covered business has implemented a mandatory vaccination requirement. The mandate was set to be reevaluated on January 15, 2022. However, as part of her “Winter Surge Plan 2.0,” and before the mandate’s original expiration date, Governor Hochul extended the mask-or-vaccine requirement for an additional two weeks, until at least February 1, 2022. As part of the announcement, the governor indicated that the state would reassess masking requirements in February 2022.
On December 22, 2021, the New York State Department of Labor (NYSDOL) published highly anticipated final regulations in the New York State Register regarding New York State Paid Sick Leave (PSL), which went into effect on September 30, 2020. These final regulations address comments received from the public following the issuance of proposed regulations published on December 9, 2020. The final regulations provide some additional clarification regarding the PSL and its requirements.
Employers and employment agencies in New York City that currently utilize, or expect to utilize, automated tools to make employment decisions may wish to begin planning now for restrictions that will take effect on January 1, 2023, concerning the types of tools that may be utilized and the disclosures concerning such tools that must be provided to candidates for employment or promotions.
On December 22, 2021, the New York State Department of Labor (NYSDOL) published highly anticipated proposed regulations in the New York State Register regarding section 2 of the New York Health and Essential Rights Act (NY HERO Act).
On November 8, 2021, New York Governor Kathy Hochul signed into law an amendment to the New York Civil Rights Law that requires employers with places of business in the state to provide prior notice concerning the monitoring of employee telephone, email, or internet usage.
On December 24, 2021, New York City enacted a law (Introduction No. 2448-2021) permitting employees who are parents to take paid time off to accompany their children when they receive COVID-19 vaccinations. In addition, the law allows these employees to take paid time off to care for their children if they experience side effects from the COVID-19 vaccine.
On December 15, 2021, the New York City Council passed a bill that would require New York City employers with four or more employees (including independent contractors) to disclose minimum and maximum salary information in job postings. The bill, which has not yet been signed by the mayor, would amend the New York City Human Rights Law (NYCHRL) and go into effect 120 days after it is signed into law.
On November 23, 2021, the New York City Council passed a bill (Introduction No. 2448-2021) that, if enacted into law, would allow employees who are parents paid time off to accompany their children to receive COVID-19 vaccinations and to care for their children due to side effects from vaccines.
In 2022, while the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees, several states’ minimum wage rates will increase. The chart below lists the state (and certain major locality) minimum wage rate increases for 2022—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.
On December 6, 2021, New York City Mayor Bill de Blasio announced a first-in-the-nation vaccination order for private-sector workers in New York City, set to take effect on December 27, 2021. The New York City commissioner of Health and Mental Hygiene issued an order, dated December 13, 2021, requiring COVID-19 vaccination in the workplace, and, on December 15, 2021, the city promulgated guidance regarding how employers should implement the order.
On December 10, 2021, New York State Governor Kathy Hochul announced a new mandate requiring that masks be worn in indoor public spaces, unless a covered business has implemented a mandatory vaccination requirement.
On December 6, 2021, outgoing New York City Mayor Bill de Blasio announced major expansions to New York’s “Key to NYC” program, which was implemented through Emergency Executive Order 225 and became effective on August 17, 2021. The mayor also announced a first-in-the-nation vaccination mandate for private-sector workers in New York City, which is set to take effect on December 27, 2021.
On October 28, 2021, New York Governor Kathy Hochul signed into law Senate Bill S4394A, which amends section 740 of the New York Labor Law (NYLL) to enhance protections for private-sector employees who allege retaliation for reporting violations of and “law, rule or regulation.” While cases alleging whistleblowing and the reporting of unsafe working conditions have been on the rise since March 2020, Governor Hochul indicated a need to ensure employees’ ability to speak out, stating that “protecting workers must be part of our overall economic recovery efforts.”
The New York State Division of Human Rights (NYSDHR) recently announced that for complaints filed on or after October 12, 2021, it will no longer discontinue complaints following private settlements. This announcement comes as a significant change in the division’s long-standing practice of allowing parties to privately settle complaints before case closure.
In accordance with the New York Health and Essential Rights Act (NY HERO Act), on July 6, 2021, the New York State Department of Labor (NYS DOL), in consultation with the New York State Department of Health, published the Airborne Infectious Disease Exposure Prevention Standard and Model Airborne Infectious Disease Exposure Prevention Plan. Although the NYS DOL initially published the standard and model plan only in English, the NYS DOL has since furnished the standard and the model plan in Spanish. In addition to the non-industry specific model plan, the NYS DOL has created 11 industry-specific templates, which are available only in English.
On September 23, 2021, the New York City Council passed six bills—a first-of-its-kind legislative package directed at gig economy workers—that seeks to provide protections to the city’s food delivery workers. The bills, each of which amend the administrative code of New York City, have been sent to Mayor Bill De Blasio, who has already voiced his support for the legislation. The legislative package is the culmination of a lengthy controversy in New York City regarding the rights and protections that should be afforded to gig workers. Notably, many states, including New York, have been engaged in prolonged legal battles over the questions relating to the treatment of gig workers.
On September 6, 2021, New York State Commissioner of Health Howard A. Zucker designated COVID-19 as “a highly contagious communicable disease that presents a serious risk of harm to the public health in New York State.” As a result of the commissioner’s designation, employers are required to activate their airborne infectious disease exposure prevention plans in accordance with the New York Health and Essential Rights Act (NY HERO Act).
The New York attorney general’s August 3, 2021, report regarding the sexual harassment allegations brought against former New York governor Andrew Cuomo, “Report of Investigation Into Allegations of Sexual Harassment by Governor Andrew M. Cuomo,” contains extraordinary detail to support the conclusion that Cuomo “sexually harassed a number of current and former New York State employees.” Beyond noting the political consequences of the investigation, employers in New York and elsewhere may wish to consider utilizing these recent developments as an opportunity to reassess their workplace practices to minimize the likelihood of events occurring similar to those described in the report. Among the many potential action items and considerations, below are tips on training, education, and communication that employers may wish to explore as a result of the Cuomo report.