New York Employment and Labor Law Updates 2023


December

There were no employment and/or labor bills that were enacted that were identified.


November

Call Centers

Bill

Assembly Bill 3125 (2023-2024)

Summary

Provides that every gas corporation or electric corporation furnishing utility services shall provide certain call center customer assistance; provides that each public utility shall provide the Public Service Commissioner an affidavit that no call centers or other facilities providing assistance have been closed without notice and hearing before the Public Service Commission and that the utility has not relocated assistance to another area of the State or outside of the State without notice and hearing.

Enacted

10/25/2023

Effective Date

10/24/2023

Topics

Industry: Public_employer


October

There were no employment and/or labor bills that were enacted that were identified.


September


Employment Provisions

Bill

Senate Bill 5640 (2023-2024)

Summary

Relates to inventions made by employees; provides that any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information.

Enacted

09/15/2023

Effective Date

09/15/2023

Topics

Employer_Obligations: Invention


Employer Requirements for Employee Disclosure

Bill

Assembly Bill 836 (2023-2024)

Summary

Prohibits an employer from requesting or requiring that an employee or applicant for employment disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices.

Enacted

09/14/2023

Effective Date

03/12/2023

Topics

Employer_Obligations: Online_privacy; Prohibited_Practices: Retaliation


Wage Theft

Bill

Senate Bill 2832 (2023-2024)

Summary

Adds wage theft to the types of activities included in the crime of larceny; provides that in a prosecution for wage theft, for the purposes of venue, it is permissible to aggregate all nonpayments or underpayments to one person from one person, into one larceny count, even if the nonpayments or underpayments occurred in multiple counties.

Enacted

09/06/2023

Effective Date

09/06/2023

Topics

Claims_and_Penalties: Criminal_action, Wage_claims, Wage_theft


Employee Freedom of Speech and Conscience

Bill

Senate Bill 4982 (2023-2024)

Summary

Protects employee freedom of speech and conscience by prohibiting an employer or its agent, representative or designee from communicating to its employees any information that the employer is required by law to communicate, but only to the extent of such legal requirement and from communicating to its employees any information that is necessary for such employees to perform their job duties.

Enacted

09/06/2023

Effective Date

09/06/2023

Topics

Prohibited_Practices: Political_matters, Refuse_conditions, Religious_matters


August

Human Rights Law Protected Classes

Bill

Assembly Bill 7355 (2023-2024)

Summary

Adds gender identity or expression as a protected class of the Human Rights Law; provides that it shall be an unlawful discriminatory practice for an employer to, among other things, refuse to hire or employ or to bar or to discharge from internship an intern or to discriminate against such intern in terms, conditions or privileges of employment as an intern because of the intern’s specified characteristics, including but not limited to their age, sexual orientation, or gender identity or expression.

Enacted

08/23/2023

Effective Date

08/23/2023

Topics

Prohibited_Practices: Gender_expression, Gender_identity


July

There were no employment and/or labor bills that were enacted that were identified.


June

Agreements Between State and Employee Organization

Bill

Senate Bill 7576 (2023-2024)

Summary

Implements agreements between the state and an employee organization relating to compensation, benefits and other terms and conditions of employment of certain state officers and employees; makes an appropriation therefor; provides for the salaries of certain state officers and employees excluded from collective negotiating units; makes an appropriation therefor.

Enacted

06/30/2023

Effective Date

04/01/2023, 06/30/2023, 04/01/2025

Topics

Industry: Public_employer


May

There were no employment and/or labor bills that were enacted that were identified.


April

There were no employment and/or labor bills that were enacted that were identified.


March

Death or Serious Physical Injury of An Employee

Bill

Assembly Bill 1322

Summary

Relates to crimes involving the death or serious physical injury of an employee where the corporation acted negligently, recklessly, intentionally, or knowingly; defines the term employee.

Enacted

03/03/2023

Effective Date

03/03/2023

Topics

Workplace_Behavior: Death, Injury, Safety


Clarifications to Warehouse Worker Protection Act

Bill

Assembly Bill 1000

Summary

Provides that the employer must provide the written description of any quota in English and in the language identified by each employee as the primary language of such employee; provides that if a current or former employee believes that they have been disciplined as the result of failing to meet a quota, or that meeting a quota caused a violation of their right to a meal or rest period or use of bathroom facilities, they have the right to request, and the employer shall provide, specified information.

Enacted

03/03/2023

Effective Date

03/03/2023

Topics

Claims_and_Penalties: Rebuttable_presumpt; Employee_obligation: Request; Employer_obligations: Personnel_records, Recordkeeping; Industry: Joint_employers, Warehouses; Prohibited_Practices: Retaliation; Wage_and_Hour: Exempt_status, Quotas, Work_speed


February

There were no employment and/or labor bills that were enacted that were identified.


January

Collective Bargaining Agreements

Bill

Assembly Bill 1003

Summary

Relates to family leave and adoption; requires certain employers to provide certain amounts of family leave to employees who adopt children; requires employers who provide maternity benefits to female employees to offer equivalent benefits to adoptive parents; amends Sections 16-25-11.12, 36-26-35.2, 36-26-36.2.

Enacted

01/27/2023

Effective Date

01/27/2023, 04/01/2023, 04/01/2025

Topics

Public_employer

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