New York Employment Law Updates

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December 2015

None

November 2015

November 30 – New York City Mayor DeBlasio signs a law creating the Office of Labor Standards

On November 30, 2015, Mayor DeBlasio signed a bill creating a new Office of Labor Standards. The principal responsibility for the new city agency will be to enforce the city’s paid sick leave law which has been enforced by the Department of Consumer Affairs. The new agency will also have other responsibilities such as enforcing the city’s new requirement that employers pay for employee transit with pre-tax wages as well as providing information to help educate employees about their legal rights.

For more information, read New York City Bill 743 (2015) and New York City Mayor’s Office of Labor Standards Announcement

October 2015

October 27 – New York City’s Fair Chance Act goes into effect making it illegal to ask applicants about their criminal history

On October 26, 2015, Governor Cuomo signed a law extending employers’ ability to make deductions for overpayments and wage advances from employees’ wages, subject to certain limitations. The ability of employers to make such deductions was set to expire on November 6, 2015, but the law recently signed by Gov. Guomo extends expiration date until November 6, 2018.

For more information, read New York AB 7594 (2015)

October 26 – Gov. Cuomo signed a bill extending the ability of employers to make certain wage deductions until November 6, 2018

On October 27, 2015, New York City’s Fair Chance Act goes into effect. The Fair Chance Act prohibits employers from asking applicants about their criminal history until after they have been offer a job. After the job offer, the employer may ask the applicant about the criminal history, but must follow certain procedures if they choose to rescind the job offer.

For more information, read NYC Fair Chance Act Summary

September 2015

September 10 – Wage order is signed increasing the minimum wage for fast food workers to $15/hour

On September 10, 2015, Acting State Labor Commissioner Mario Musolino signed a wage order increasing the minimum wage for fast food workers in New York to $15 per hour. The increase will take place gradually over the next several years, with New York city reaching the new rate on December 31, 2018 and the rest of the state catching up on July 1, 2021. Incremental increases to the minimum wage will occur each year until the rate reaches $15.

To find out more about the new fast food minimum wage and the scheduled increase, please read the Commissioner’s order.

September 3 – New York City: the Stop Credit Discrimination in Employment Act goes into effect; the Commission on Human Rights issues guidance

On May 6, 2015, Mayor DeBlasio signed the Stop Credit Discrimination in Employment Act (SCDEA) into law. The SCDEA prohibits most employer from discriminating against employees or applicants based on their consumer credit history. On September 3, 2015, the SCDEA went into effect. On the same day, the NYC Commission on Human Rights issued enforcement guidance.

For more information on the SCDEA, read the NYC Commission on Human Rights’ SCDEA Enforcement Guidance