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December 21st, 2021
Are You Up-To-Date on Federal, NYS, and NYC Employment Law Changes for 2022?
As we near the end of another year of COVID-19 and face yet more surges in cases, governments are working to adapt in order to keep employees safe. In addition to new COVID-19 laws and regulations, incoming New York State Governor Hochul has signed a number of other laws affecting employers.
Employers need to make sure all policies are in compliance and that all handbooks and policies reflect these changes. Here is a summary of what employers need to know:
- Federal: Vaccine-or-Test Mandate - The 6th Circuit Court of Appeals has lifted the stay on the OSHA vaccine-or-test mandate. (Effective January 10, 2022)
- NYC: Vaccine Mandate - All NYC employers must implement a vaccine mandate for all employees who work in the presence of at least one other person. (Effective December 27, 2021)
- NYS: Vaccine Leave - All NYS employers must provide time off for COVID-19 sick leave or to receive/recover from vaccines. (In effect)
- NYS: Minimum Wage - Minimum wage increases in Long Island and Westchester to $15/hour, and in the rest of the state (outside NYC) to $13.20/hour. Minimum exempt salary also increases in all parts of NYS outside NYC. (Effective December 31, 2021)
- NYS: Employer-Mandated Retirement Savings Programs – Private employers in business at least 2 years with at least 10 employees that have not offered a retirement plan must automatically enroll employees in New York State’s Secure Choice Savings Plan. (In effect)
- NYS: Shared Work Programs – Employees facing a potential layoff can petition their employer to implement a shared work program to reduce all employee hours to help avoid layoffs. (In effect)
- NYS: Protection from Retaliation – Protections for private sector employees who report illegal or dangerous business activities expand to include former employees and independent contractors, the scope of retaliatory action will be expanded, and the statute of limitations was extended to two years. (Effective January 26, 2022)
- NYS: Workplace Privacy – All private employers must inform employees in writing at the time of hire and annually if the employer “monitors or otherwise intercepts” telephone or email communications or internet access or usage, or face penalties of up to $3,000 for each offense. (Effective May 7, 2022)
- NYC: Anti-Discrimination Laws – Domestic workers will be protected under New York City anti-discrimination laws, including that credit checks cannot be run during the hiring process and employers cannot ask about prior arrests. (Effective March 12, 2022)
- NYS: Paid Family Leave Update - In 2022, New York State Paid Family Leave remains at 12 weeks, but the maximum weekly benefit increases to $1,068.36.
Please visit Employment Law Bytes for greater detail with respect to legal updates, and contact Wendy Stryker at (212) 705-4838 or wstryker@fkks.com, or any other member of the Frankfurt Kurnit Employment Compliance, Training & Litigation Group.
Other Employment Law Alerts
FTC Bans Certain Non-Compete Agreements
The Federal Trade Commission (FTC) has approved a new Rule which bans for-profit employers from entering into post-employment, non-compete agreements with employees. By a vote of 3 to 2 the FTC determined that these non-compete agreements constitute “unfair competition” under the FTC Act. The Rule is effective 120 days after it is published in the Federal Register. Here’s what employers and executives need to know. Read more.
April 26 2024
New Ruling from the National Labor Relations Board May Require Significant Handbook Revisions
On August 2, the National Labor Relations Board issued a decision, Stericycle Inc. and Teamsters Local 628, that creates a new legal standard for how the NLRB will evaluate workplace rules and policies to determine if such rules interfere with employees’ protected rights to engage in concerted workplace activity under Section 7 of the National Labor Relations Act. Read more.
August 8 2023
New York Releases New Changes to its Model Sexual Harassment Policy and Training Video
On April 11, 2023, the New York State Department of Labor released updated versions of its sexual harassment model policy and training materials. Read more.
April 17 2023
