New York employers consider 2022 labor law updates

New York employers consider 2022 labor law updates

The city (and state) that never sleeps has been busy last year, enacting several laws affecting employers in New York State and the city in 2022. Here are some recent legislation that employers should pay special attention to now to ensure timely compliance With mandates laws.

State Law Updates

Minimum wage increases and exempt minimum salary increases

impact December 31, 2021, the general minimum wage statewide has risen to $13.20 an hour, and the minimum hourly wage in Nassau, Suffolk, and Westchester counties has risen to $15.00, matching the rate applied to all New York City employers since 2019. The corresponding minimum salary For exempt employees also outside of New York City. In Nassau, Suffolk, and Westchester counties, exempt employees must earn at least $1,125 per week ($58,500 per year), and in the rest of the state, exempt employees must earn at least $990 per week ($51,480 per year). ). New York State requires employers to publish minimum wage information and industry-specific labels for use in compliance with this obligation.

The COVID-19 vaccination leave continues into 2022

The remainder is valid for year 2022 It is a measure enacted in March 2021 that requires New York employers to provide employees with up to four hours of paid vacation per injection of the COVID-19 vaccine, including booster shots.

Adoption of state sick leave rules

As described in recently adopted rules, New York Labor Code § 196-b allows employees to use sick leave for mental or physical illness, injury, or health condition, regardless of whether that illness, injury, or health condition has been diagnosed or requires Medical care at the time of leave application. This includes recovering from the side effects of the COVID-19 vaccination. The amount of time off depends on the size of the employer and income as shown below. Most importantly, comments on the approved rules state that employers must count the number of employees nationally, and not just those in New York State when sizing up:

  • Employers with four employees or fewer and a net income of $1 million or less: 40 hours of unpaid Sick leave for each calendar year

  • Employers with four or fewer employees and a net income of more than $1 million: 40 hours of to push Sick leave for each calendar year

  • Employers with five to 99 employees: 40 hours of to push Sick leave

  • Employers with 100 or more employees: 56 hours of to push Sick leave for each calendar year

New York Paid Family Leave Adjustments

impact January 1, 2022, The New York State Workers’ Compensation Board has adopted amendments to the regulations for the New York Paid Family Leave Benefits Act that clarify that when PFL is taken intermittently, the maximum number of days of intermittent leave an employee may take depends on the average ​The number of days an employee works in a week. The regulations initially limited an intermittent PFL to 60 days. This 60-day cap has been removed, allowing additional days of intermittent PFL for employees who work an average of more than five days a week.

New York State also amended the PFL law to expand the definition of “family members” to include siblings, effective January 1, 2023.

for 2022The new maximum weekly benefit for the PFL is $1068.36. The maximum annual subscription for 2022 is $423.71.

New York HERO Act Obligations Extended

The New York HERO Act (“HERO Act”), enacted in May 2021 and amended in June, has two main requirements for employers. Section 1 of the HERO Act requires employers to create and maintain infectious disease exposure plans (“safety plans”). This requirement was recently extended Until January 15, 2022 at least, because the New York State Health Commissioner has reclassified COVID-19 as a highly contagious disease that poses a serious public health risk.

Section 2 of the HERO Act requires state employers with 10 or more employees to allow employees to form a “Workplace Safety Committee” in order to review workplace policies related to occupational health and safety. Details regarding the requirements in Section 2 were released on December 22, 2021, in the form of a proposed rule, which will only become effective after the rule-making process is complete, including the public hearing scheduled for February 9, 2022.

Statewide mask mandate for public places

In December 2021, Governor Cathy Hochhol issued a statewide order requiring masks to be worn in most indoor settings, including private office facilities, unless all attendees are fully vaccinated. This order remains in effect until at least February 1, 2022.

Whistleblower protection for employees has been expanded

Take effect on January 26 2022, the legislation signed by Governor Hochhol will increase coverage for workers who claim they have faced retaliation for reporting suspected wrongdoing. The legislation expands whistleblower protections in the private sector that were previously limited to allegations of health care fraud and reporting of health and safety concerns. The amended law requires employers to publish a Notice of Employee Rights regarding whistle-blowing under Sections 740 and 741 of the New York Labor Code, but as of this ideas Publication date The New York State Department of Labor has not yet updated its webpage regarding publication requirements to reflect this change.

Electronic monitoring in the workplace

impact May 7, 2022, New York State employers will be required to provide notice to the employee upon appointment that the employer “monitors or otherwise intercepts” telephone calls, emails, or Internet use or access using “any electronic device or system.” Notice must be in writing or sent electronically, and employees must acknowledge receipt in writing or electronically. For existing employees, employers must also post an electronic monitoring notice in a “conspicuous place,” readily available for viewing by employees subject to electronic monitoring.

New York City Updates

Paid leave for the COVID-19 vaccine for children

As of December 24, 2021 and Retroactive to November 2, 2021, New York City has enacted legislation giving an employee up to four hours of paid time off to vaccinate an employee’s child COVID-19, or to provide care for a child due to vaccine side effects. The employee is entitled to four hours per injection of the COVID-19 vaccine per child.

Delegating vaccination to private employers

impact December 27, 2021, New York City employers must exclude unvaccinated individuals from New York City workplaces. By the effective date, all workers entering the employer’s office/facility must either (i) provide evidence of at least one dose of the vaccine (and the second within 45 days) or (ii) request reasonable accommodation on the basis of disability or religious belief they have sincerely held. .

Minimum wage and exempt minimum salary

New York City’s minimum wage remains $15.00 an hour, a rate that took effect for all city employers on December 31, 2019. The minimum wage for an exempt employee remains at $1,125 per week ($58,500 per year).

Salary lists for job positions

On December 15, 2021, the New York City Council passed legislation requiring most employers advertising job openings for jobs done in New York City to include minimum and maximum salaries offered for the job. Outgoing Mayor Bill de Blasio did not sign the law. Accordingly, Mayor Eric Adams has until January 14, 2021, to either veto or sign it, in which case it will become effective after 120 days. The Mayor may also leave the action without signature, in which case, pursuant to the New York City Charter, it shall take effect in May 15 2022.

What New York Employers Should Do Now

Employers across the state face a wide range of changes in laws that affect many policies and procedures throughout the hiring context. To ensure compliance with 2022, employers with a workforce in New York state or city must do the following:

  • Review and revise employee handbooks to ensure they are up-to-date.

  • Review and revise policies and procedures to ensure compliance with various sick leave laws, including COVID-19 leave and immunization laws, and vaccines and/or mask laws likely to be extended as the latest wave of coronavirus cases.

  • Ensure compliance with minimum wage laws as changes are reflected across the state.

  • Start planning to ensure timely compliance with pending laws that are not yet in effect.

© 2022 Epstein Becker & Green, PC All rights reserved.National Law Review, Volume XII, No. 9

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