New York Rings in Significant Employment Law Changes for the New Year
New York employers should be ready to kick-off 2018 with a slew of updated policies and procedures to ensure compliance with the State’s changing legal landscape. As we say “goodbye” to 2017, New York must say “hello” to the following laws, whose impact will surely be felt in the coming year:
- The New York Salary History Law went into effect on October 31, 2017, making it illegal for an employer to inquire into a prospective job applicant’s salary or to rely on that history during the hiring process. We previously blogged about The New York Salary History Law (posts available here 4-7-17, 5-17-17, and 10-27-17), and its potential effect on the gender pay gap will certainly be watched with interest by those both within and outside New York.
- The controversial New York City Fair Workweek Laws went into effect on November 26, 2017, consisting of 5 bills that directly impact New York City fast food restaurants and retailers by curtailing employers’ flexibility to establish and modify employee work schedules. We previously blogged about the New York City Fair Workweek Laws (posts available here 11-6-17 and 6-19-17), and this is another law to keep a close eye on given its wide ranging potential to affect an entire industry.
- In accordance with legislation signed by Governor Andrew Cuomo in April 2016, effective December 31, 2017, small and large employers in New York City will see minimum wages rising to $12.00 and $13.00 per hour, respectively. Likewise, employers in Westchester, Nassau and Suffolk Counties will be subject to a $1.00 per year increase of the minimum wage to $11.00 per hour until it reaches the $15.00 per hour threshold on December 31, 2021. Additionally, all other employers in New York will be required to raise the minimum wage another $0.70 (to $10.40) until it reaches the minimum wage of $12.50 per hour in December 2020. We previously blogged about this legislation last year (post available here 4-28-16).
- Perhaps the most highly anticipated law affecting employers and employees alike is the New York Paid Family Leave Benefits Law, effective on January 1, 2018. The law provides eligible employees with 8 weeks of paid leave per calendar year (increasing to 10 weeks in 2019 and 12 weeks in 2021) for events including: (i) participation in providing care, including physical or psychological care, for a family member with a serious health condition; (ii) bonding with a child during the first 12 months after the child’s birth, or the first 12 months after the child is placed with an employee for adoption or foster care; or (iii) any qualifying exigency as interpreted under the federal Family and Medical Leave Act (FMLA), relating to when a spouse, domestic partner, child, or parent of the employee is on covered active duty or called to active duty status. The benefits are funded through employee payroll deductions, and employees are entitled to job protection and continuation of certain benefits during family leave. The impact of the New York Paid Family Leave Benefits Law will surely be felt immediately by employees and employers alike.
- On May 5, 2018, New York City will expand the types of leave covered by the Paid Sick Leave Law, which will soon be known as the “Earned Safe and Sick Time Act”. The Act will be expanded to cover “safe time” leave which can be used by an eligible employee to: (i) obtain services from a domestic violence shelter, rape crisis center, or other shelter or services program; (ii) participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members; (iii) meet with a civil attorney or other social service provider to obtain information and advice on, and prepare for or participate in, any criminal or civil proceeding, including, but not limited to, matters related to a family offense matter, sexual offense, stalking, human trafficking, custody, visitation, matrimonial issues, orders of protection, immigration, housing, or discrimination in employment, housing or consumer credit; (iv) file a complaint or domestic incident report with law enforcement; (v) meet with a district attorney’s office; (vi) enroll children in a new school; or (vii) take other actions necessary to maintain, improve or restore the physical, psychological, or economic health or safety of the employee or the employee’s family member or to protect those who associate or work with the employee. The law will still require employers to provide up to 40 hours of paid leave, which employees can now use for “safe time” in addition to sick time under the Act.
The approaching holiday season is a good time for employers to carefully review their handbooks, policies, and procedures to ensure compliance with the labyrinth of New York requirements. Companies should, at a minimum, ensure that their human resources, benefits coordinators, and other key administrators are familiar with the above laws and their attendant requirements, and that the information is timely communicated to their workforces.
As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.