New York City has become the first major U.S. city to establish a minimum pay-rate for app-based restaurant delivery workers. The new law goes into effect July 12, 2023.
Articles Discussing General Topics In New York Labor & Employment Law.
New York State Legislature Again Passes the Freelance Isn’t Free Act
The New York State Assembly and Senate have overwhelmingly passed the Freelance Isn’t Free Act (A.6040). The legislation heads to Governor Kathy Hochul’s office for her to sign or veto.
New York Legislature Bans Consideration of Most Older Convictions in Employment Decisions
In the final hours of the 2023 legislative session, the New York Legislature passed Assembly Bill 1029C / Senate Bill 7551A, the “Clean Slate Act.” If signed by Governor Hochul, it will provide for the automatic sealing of the records of certain convictions after specified periods of time. The
New York Legislature Seeks to Limit Employers’ Right to Speak on Union Matters
The New York Legislature took action at the end of the 2023 session to prohibit mandatory employer meetings on “religious or political matters,” passing Senate Bill S4982 / Assembly Bill 6604 on June 10. If signed into law, the bill would create a right for employees to refuse to
New York State Expands Obligations to Accommodate Nursing Employees, Publishes Model Policy
Employers in New York State are required to comply with new obligations to accommodate nursing employees and to issue a mandatory lactation policy released by the Department of Labor beginning June 7, 2023. The expanded obligations arise from new amendments to New York State’s Nursing Mothers in the Workplace Act
New York Legislature and Enforcement Agencies Remain Active on the Data Privacy and Security Fronts
At the start of 2023, the New York State legislature introduced several privacy-related bills. One of those bills, S365, appears to be gaining momentum. It was reported and committed to the Internet and Technology Committee on April 25, was amended on May 18, and was further amended and recommitted to
New York Seeks to Limit the Scope of Permissible Invention Assignment Agreements
The New York State Legislature passed Senate Bill 5640 / Assembly Bill 6829 on June 6, 2023, which, if the governor signs, would amend the Labor Law and add a new section 203-f, regulating the use and enforceability of invention assignment agreements. In a standard invention assignment agreement, the
New York Begins Repeal of Healthcare Worker COVID-19 Vaccine Mandate
The New York State Department of Health (the “Department”) announced on May 30, 2023, that “it has begun the process of repealing the COVID-19 vaccine requirements for workers at regulated health care facilities.”
NYSDFS Fines Lender and Mortgage Servicer $4.25M for Cybersecurity Failures Including Vendor Management
Yesterday, New York’s Department of Financial Services (“DFS”) announced another enforcement action under the state’s Cybersecurity Requirements for Financial Services Companies, 23 N.Y.C.R.R. Part 500 (“Reg 500”). According to the press release, OneMain Financial Group LLC (“OneMain”) will pay a $4.25 million penalty to New York State for alleged violations
New York City Council Approves Bill to Ban Employment Discrimination Based on Height and Weight
On May 11, 2023, the New York City Council approved a bill to prohibit employment discrimination on the basis of an individual’s height or weight. The bill, Int. No. 209-A, was sent to Mayor Eric Adams for final approval following a 44–5 vote.
New York State Budget Brings Sweeping Changes to the Home Health Care Industry
New York Budget for FY 2023-2024 includes legislation affecting the home care industry. Budget provisions change the home care worker minimum wage, implement NY Department of Health compensation oversight standards, create a Managed Long-Term Care oversight standard, and institute additional requirements for the home health industry.
New York AG Releases Guide for Businesses on Effective Data Security
As noted in a prior post, New York’s Attorney General (“NYAG”) has made enforcement of the New York SHIELD Act an enforcement priority. The SHIELD Act requires organizations handling personal information related to New York residents to maintain reasonable safeguards to protect that information. Maintaining its focus on this area,
NYC Agency to Hold Employer-focused Roundtable to Clarify New AI Regulations
In the wake of its recently issued rules regarding New York City Local Law 144 (“Local Law 144”), the New York City Department of Consumer and Worker Protection (DCWP) will be holding an educational roundtable on May 22, 2023, at 2 p.m.
New York State Adopts Updates to Model Sexual Harassment Prevention Policy
On April 11, 2023, the New York State Department of Labor (NYSDOL) finalized updates to the state’s “Sexual Harassment Model Policy” that provides employers a template to aid their compliance with New York State laws prohibiting sexual harassment in the workplace. The department further released an updated training video and
NYC Comptroller’s Shareholder Proposal Threatens to Curb Employers’ NLRA Free Speech Rights and Employee Free Choice
On March 31, 2023, New York City Comptroller Brad Lander, on behalf of the five New York City retirement systems, announced a new shareholder proposal at Chipotle Mexican Grill, Inc., asking the board of directors to adopt a “policy of noninterference” at the company.