On June 3, 2022, the New York State Legislature passed Senate Bill S9427/Assembly Bill A10477 (the Bill)—a new wage transparency law that would amend the New York Labor Law to add new Section 194-b. If enacted, the new law would require covered employers to disclose compensation or a range of compensation to applicants and employees upon issuing an employment opportunity for internal or public viewing, or upon employee request. The Bill is intended to enhance transparency around compensation and reducing any existing wage disparities among employees.
In connection with Mental Health Awareness Month, the United States Department of Labor (USDOL) has sought to assist employers in better understanding how to comply with the Family Medical Leave Act (FMLA) as it relates to mental health conditions. Accordingly, on May 25, 2022, the USDOL issued new guidance (Guidance) and frequently asked questions (FAQs) on providing FMLA leave to employees to address their own mental health conditions or to care for a covered family member with a mental health condition.
In February 2021, New York State Attorney General, Letitia James, filed a lawsuit against Amazon alleging that the retailer failed to sufficiently prioritize hygiene, sanitation and social distancing at its fulfillment center and delivery station in New York City.1 The Complaint also alleged that Amazon unlawfully terminated employees at those locations who complained about conditions they perceived to be unsafe.2 The Complaint asserted causes of action under various sections of the New York Labor Law (NYLL), including Sections 200, 215 and 740, all of which “relate to the obligations of New York businesses to adequately protect the health and safety of employees and to refrain from discrimination or retaliation against employees who complain about potential NYLL violations.”3
On May 12, 2022, Mayor Adams signed into law the NYC Council Amendment to the recently enacted Salary Transparency Law. In addition to postponing the law’s effective date to Nov. 1, 2022, this amendment also clarifies three other aspects of the law:
On March 15, 2022, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued a new directive addressing pay equity audits. The new Directive 2022-01 sets forth what OFCCP views as its apparent authority to obtain access to and review federal contractors’ pay equity audits that are conducted in connection with contractors’ compliance mandates.
On Nov. 10, 2021, the New York City Council passed a bill that regulates employers and employment agencies’ use of “automated employment decision tools” in making employment decisions. The bill was returned without Mayor Bill de Blasio’s signature and lapsed into law on Dec. 11, 2021. The new law takes effect on Jan. 1, 2023. This new law is part of a growing trend towards examining and regulating the use of artificial intelligence (AI) in hiring, promotional and other employment decisions.
New York entities have one month to prepare required notices to employees for certain types of electronic monitoring. On Nov. 8, 2021, Gov. Hochul signed into law an amendment to the New York Civil Rights Law, that requires any private individual or entity with a place of business in the state to provide notice to employees for certain types of electronic monitoring. The law goes into effect on May 7, 2022, pushing employers to determine the scope of their electronic monitoring activities and begin updating their policies and issuing notices to ensure compliance with the new law’s requirements prior to its effective date.
On March 29, 2022, a federal court in Upstate New York permanently enjoined New York State from requiring employers to include a government-issued “notice” of workers’ rights and remedies in their employee handbooks regarding reproductive health decisions.
On April 1, 2022, New York’s Public Health Law § 2895-b regarding nursing home staffing levels went into effect. The law, initially meant to take effect on Jan. 1, 2022, was suspended by executive order in light of ongoing staffing shortages caused by the COVID-19 pandemic. On March 31, 2022, Gov. Hochul declined to extend the suspension. Nursing homes across New York must now comply with this law.
On Jan. 15, 2022, the New York City council amended the City Human Rights Law to encourage equity and transparency in pay.1 This amendment is part of larger national trend towards greater pay transparency. Several states have adopted similar laws, and the New York State legislature has introduced pay transparency legislation which is currently under consideration. On March 22, 2022, the City’s Commission on Human Rights issued guidance for employers providing some much-needed clarity in advance of the effective date. This blog post will outline the requirements of the new law, informed by that guidance, and it will provide recommendations for what employers can do now to get ready for this new compliance obligation.
In June 2020, New York repealed Civil Rights Law § 50-a and amended portions of the State’s Freedom of Information Law (FOIL), resulting in significant changes to the types of law enforcement records subject to public disclosure.
On March 16, 2022, Gov. Kathy Hochul signed three bills into law that effectively amend the New York Human Rights Law (HRL) to increase sexual harassment protections for employees in New York. Please see our prior blog post for a more thorough summary of these new laws.
