Like many other states, there is now some new New York employment legislation and updates to existing legislation that came into effect at the start of this year (2023).
Employers should make sure that they familiarize themselves with all new updates that concern them and their responsibilities to their employees. Ignorance of new legislation and changes in existing law may lead to penalties and legal action taken against them if there is a breach of relevant laws.
Some of the changes to employment law that came into effect on January 1st this year are given below. The notes given here are not intended to be complete.
Protected Time Off
New York statute SB 2928 adds new definitions of what constitutes a “sibling” and a “family member” as it relates to workers’ compensation law.
A "sibling" now means a biological or adopted sibling, a half-sibling or stepsibling. A “family member” means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. These new definitions apply to all applications for paid family leave from the start of this year.
NYC Int. No. 0134-2022 came into effect on November 1st last year. New York became the second jurisdiction in the country to introduce legislation which requires employers to become more transparent when advertising employment positions.
The update in employment law also applies to employment agencies advertising positions. It requires employers and employment agencies to include potential minimum and maximum salaries and hourly wages in their postings.
The requirement to include minimum and maximum pay scales does not apply to adverts for temporary positions. The law change applies to new positions as well as transfers and promotional positions.
134-A only applies to adverts for positions in New York City as well as any position elsewhere where there is a requirement for employees to work at some point within NYC.
A similar change in local county legislation applies to employers in Westchester County. Like 134-A, employers must include minimum and maximum potential salaries and hourly wages in advertisements for employment positions. The law change applies to new positions as well as transfers and promotional positions
Three jurisdictions in the state – New York City, Long Island and Westchester County increased the state minimum wage to $15 last year. A new minimum wage of $14.20 (from $13.20) for all upstate New Yorkers came into effect on December 31st 2022.
Tip Credit Increase
For all service employees in Upstate New York, the cash wage increased to $11.85 and tip credit to $2.35. An increase in the cash wage to $9.45 came into effect for food service employees and their tip credit to $4.75. these changes came into effect at the same time as minimum wage increases on December 31st 2022.
Get Help With Your Employment Law Claim
Several changes in employment law came into effect late last year or at the start of 2023. Employers should ensure they keep up to date with any new New York employment laws or risk penalties if they breach the law.
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