New York Employment Laws to Watch

New York Employment Laws to Watch 2560 1707 Balance Point Team

Updated 7/9/20

If you are an employer in New York State, take note of the following employment laws:

New York State Sexual Harassment

  • Affects all size employers
  • Effective October 9, 2018
  • Must implement a policy prohibiting sexual harassment
  • Must conduct sexual harassment training for all employees by October 9, 2019 & annually thereafter
  • All new hires must be trained as soon as possible

New York City Sexual Harassment

  • Affects employers with 15+ employees, including independent contractors
  • Posting effective September 6, 2018/Training effective April 1, 2019
  • Must post sexual harassment law and distribute fact sheet by September 6, 2018
  • Must conduct annual sexual harassment training by April 1, 2020 and annually thereafter
  • Employers are required to train employees (and independent contractors) who work more than 80 hours in a calendar year and work for at least 90 days. If an employee has worked less than 90 days or less than 80 hours in a calendar year, they do not need to be trained

New York City Prohibits Sexual and Reproductive Health Discrimination

  • Affects employers with 4+ employees
  • Effective: May 20, 2019
  • Employers are prohibited from discriminating or harassing employees because of their sexual or reproductive health decisions such as:
    • family planning services and counseling, such as abortion, birth control, emergency contraception, sterilization, and pregnancy testing;
    • fertility-related medical procedures;
      sexually transmitted disease prevention, testing, and treatment; and
    • hormone therapy or transition-related care for transgender New Yorkers.

New York Human Rights Law

  • Affects all size employers
  • Effective July 12, 2019- prohibits race-based discrimination of hair texture or hairstyles (e.g. braids, locks, and twists)
  • Effective October 8, 2019-prohibits religious-based discrimination of clothing, attire (e.g. yarmulke, headscarf, turban, burqa, hijab) or facial hair

New York Pay Equity

  • Affects all size employers
  • Effective October 8, 2019
  • Must compensate (pay and benefits), any employee who is a member of a “protected class” equally for “substantially similar work”

New York Westchester County Paid Sick and Safe Leave

  • Employers with 5+ employees will be required to provide 40 hours of paid sick leave annually. Accruals began on July 10, 2019.
    • Employers with fewer than four employees must provide 40 hours of unpaid sick leave
  • Effective October 30, 2019-All size employers will be required to provide 40 hours of paid safe leave annually for domestic violence victims

New York State Prohibits Reproductive Health Discrimination

  • Affects all size employers
  • Effective: November 8, 2019
  • Employers are prohibited from discriminating based on an employee, or dependent’s, reproductive health decision making, such as the decision to use or access a particular drug, device or medical service. Also prohibits:
    • Accessing personal information regarding reproductive health decisions without consent
    • Discriminating or taking any retaliatory action based on reproductive health decisions
    • Requiring an employee to sign a waiver that denies the employee the right to make their own reproductive health care decisions

New York Domestic Violence Survivors Protections

  • Effective November 18, 2019
  • Affects employers with more than four employees until February 8, 2020; expands to include all size employers after that
  • Employers must reasonably accommodate victims of domestic violence who must be absent from work

New York State* Pay History Ban

  • Affects all size employers
  • Effective: January 6, 2020
    • Prohibits employers from asking applicants about their pay histories. Specifically prohibits:
    • Requesting an applicant or employee’s pay history
    • Relying on an applicant’s pay history in determining pay or whether to offer employment
    • Requesting pay history information from an applicant’s or employee’s current or former employer

*was already in effect for NYC since 10/31/17

New York COVID Job Protection

  • Employers with 10 or fewer employees and a net income of less than $1 million must provide job protection for the duration of a quarantine/isolation order and guarantee such workers access to Paid Family Leave and short-term disability benefits for the period of quarantine/isolation;
  • Employers with 10 or fewer employees and a net income greater than $1 million, must (i) provide at least five days of paid sick leave and, separately, job protection for the duration of the quarantine/isolation order; and (ii) guarantee that such workers are given access to Paid Family Leave and short-term disability benefits for the period of quarantine/isolation;
  • Employers with 11-99 employees, and employers with 10 or fewer employees and a net income greater than $1 million, must (i) provide at least five days of paid sick leave and, separately, job protection for the duration of the quarantine/isolation order; and (ii) guarantee that such workers are given access to Paid Family Leave and short-term disability benefits for the period of quarantine/isolation; and
  • Employers with 100 or more employees must provide (i) at least 14 days of paid sick leave and (ii) job protection for the duration of the quarantine/isolation order.

New York COVID Sick Leave

  • If you work for an employer with 10 or fewer employees as of January 1, 2020 and your employer made more than $1 million in 2019: Your employer is required to provide you with five days of paid sick leave. After those days are used, you may be eligible for compensation for the remainder of your quarantine by applying for Paid Family Leave and disability benefits.
  • If you work for an employer with between 11-99 employees as of January 1, 2020: Your employer is required to provide you with five days of paid sick leave. After those days are used, you may be eligible for a combination of Paid Family Leave and disability benefits.
  • If you work for an employer with 100 or more employees as of January 1, 2020: Your employer is required to provide you with 14 days of paid sick leave for a COVID-19-related quarantine, which should cover the period of mandatory or precautionary quarantine or order of isolation.

Balance Point’s Solution

Balance Point’s human capital management (HCM) technology provides the tools needed to centralize recordkeeping and create reports, while our compliance experts will guide you through adherence to these laws and more. We provide the peace of mind you need to conquer the more strategic tasks on your to-do list.

Schedule a consultation to learn more.

 

Share via
Copy link
Powered by Social Snap