As 2024 comes to a close, New York prepares for the rollout of new employment laws and regulations in the coming year. While not an exhaustive summary, this article highlights key developments and updates in employment law for 2025.

1. Minimum Wage Increases. Effective January 1, 2025, the hourly minimum wage for the New York metro area, which includes New York City, Westchester and Long Island, will increase from $16.00 to $16.50. Wages across the rest of New York State (excluding New York City, Westchester and Long Island) will increase from $15.00 to $15.50. Also, effective January 1, 2025, are changes to the tip credit for food service workers. In New York City, Westchester and Long Island, the tip credit for food service works will be increased from $5.35 to $5.50. For service workers, the tip credit will be increased from $2.65 to $2.75. Other than New York City, Westchester and Long Island, the tip credit for food service workers in New York will be increased from $5.00 to $5.15 and the tip credit for service workers will be increased from $2.50 to $2.60.
2. Salary Exempt Threshold Changes. Employees may be exempt from overtime requirements depending on their job duties. On January 1, 2025, the new weekly minimum salary threshold for exempt status will increase to $1,237.50 from $1,200.00 in New York City, Westchester and Long Island. For the rest of New York State, the new weekly minimum salary is $1,161.65 per week, up from $1,124.20.
3. New York Retail Worker Safety Act. On September 5, 2024, Governor Kathy Hochul signed the New York Retail Worker Safety Act into law. Covered retail employers have until March 4, 2025 to ensure compliance with the law’s new requirements for the adoption of polices and training for workplace violence prevention. Specifically, the Act requires a workplace violence prevention policy that (1) outlines a list of factors or situations in the workplace that might place retail employees at risk of workplace violence, (2) outlines methods that the employer may use to prevent incidents of workplace violence, (3) includes information concerning the federal and state statutory provisions concerning violence against retail workers and remedies available to victims of violence, and (4) states that retaliation against individuals who complain of workplace violence, or who testify or assist in any is unlawful. The Act also requires a workplace violence prevention training program providing, among other things, information on the requirements under the law, active shooter drills and training on areas of previous security problems. Finally, effective January 1, 2027, covered retail employers with 500 or more retail employees nationwide must provide access to “panic” buttons throughout the workplace to summon immediate assistance from law enforcement.
4. End of COVID-19 Paid Sick Leave.  COVID-19 Paid Sick Leave expires on July 31, 2025. After July 31, 2025, employees will need to use existing paid leave, such as New York State’s Paid Sick Leave or New York City’s Earned Safe and Sick Time to manage care or isolate for COVID-19.
5. Paid Prenatal Leave. Effective January 1, 2025, employers are required to provide employees with 20 hours of prenatal personal leave during any 52-week calendar period. Paid prenatal leave is to be provided in addition to other existing sick leave. The leave may be taken for health care services such as physical examinations, medical procedures, monitoring and testing and discussions with health care providers related to pregnancy. Paid prenatal leave may be taken in and must be paid in one-hour increments.  Additionally, the use of the language “their pregnancy” indicates the law covers only pregnant employees and not spouses. The law does not state employees must work for a specified period of time before being eligible for prenatal leave. Employers are not required to pay an employee for unused paid prenatal leave upon termination, resignation or other separation from employment.

For more information, you can visit New York State’s Website dedicated to Paid Prenatal Leave: https://www.ny.gov/programs/new-york-state-paid-prenatal-leave

Key Takeaways

In light of these recent and upcoming employment law developments, employers should review and update their employee handbooks, bring their job advertisements into compliance and revise their hiring practices as they relate to employee policies and wage practices.

If you have any questions or would like additional information regarding handbook updates, or other legal developments, please contact Samuel Dobre, Mallory Campbell, Patrick Caldarelli or any attorney in Bond’s labor and employment practice.

The other night I found myself in a Brazilian Jiu-jitsu class with a 250-pound musclebound gentleman sitting on my chest trying to do rather unkind things to my neck and vulnerable joints.  While this was certainly not the most opportune time to be thinking about how to parlay this situation into a blog article, it did occur to me that the crushing weight on my chest and the attendant loss of oxygen therefrom, is how many of my clients must feel in the day-to-day trenches of the modern-day digital world of human resources.

The situation also gave me pause (again, not at the best time) to think about what life lessons I have learned from many years of training in different styles of martial arts (other than how to tape deformed fingers and that a bag of frozen peas works wonders on bruised ribs).  Upon further reflection, I realized that I do in fact incorporate many of the philosophies that underlie martial arts into my employment law practice.  I share those pearls of wisdom below.

Read More >> Employment Law Through the Philosophy of a Martial Arts Practitioner

The USA: Regional Employment Guide provides in-depth legal commentary on key issues and major trends in 2019 for those global entities seeking to establish or enhance their presence in the United States.  Published by Chambers and Partners, the firm regarded by many as the pre-eminent global authority on the legal profession, the Guide covers the important developments in the most significant U.S. jurisdictions.

Michael Bernstein, a senior attorney in Bond's New York City office, was the Contributing Editor and author of the Introduction in this valuable resource.  The team of Bond attorneys who authored the New York Employment Law analysis in the Chambers’ Guide, included:  Louis P. DiLorenzo, Thomas G. Eron, Howard M. Miller, Thaddeus J. Lewkowicz, Joanna L. Silver, Dennis A. Lalli, and Michael D. Billok.

Read More >> Bond Attorneys Author the New York Employment Law Guide for Chambers USA© 2019 Regional Employment Publication

Bond, Schoeneck & King is pleased to announce that Gregory B. Reilly, Aisling M. McAllister, and Samuel G. Dobre have joined the firm, giving Bond 21 labor and employment attorneys in New York City.  Both Reilly and McAllister are prominent, management side labor and employment lawyers, both former partners of Martin Clearwater & Bell, where Reilly led the Labor and Employment practice which also included Dobre as an associate at that firm.  Prior to working at Martin Clearwater & Bell, Reilly was also a partner at Littler Mendelson.

Read More >> Gregory Reilly, Aisling McAllister, and Samuel Dobre Join Bond in New York City