Fully updated for December 2017! One Day Rest in Seven Misclassification. On September 30, 2020, many New York employees will begin accruing leave under New York state’s new paid sick leave law. In that event, an employer may confirm salary information. NY Dept. New employment laws to watch in 2020. MODERN HR. Admin. The law may be read as limiting the prohibition to inquiring about current employee’s. While certain of those legal requirements became effective in 2019, employers should be aware of the following new requirements, and their corresponding effective dates: Non-disclosure agreements (NDA) entered into as part of employment contracts on or after January 1, 2020 must include an explicit carve-out allowing the employee or potential employee entering into the NDA to speak with “law enforcement, the Equal Employment Opportunity Commission, the state Division of Human Rights, a local commission on human rights, or an attorney retained by the employee or potential employee.”. All businesses with employees in New York are required by state & federal employment laws to post Labor Law Posters in a visible location. NYS Labor Laws. Effective May 10, 2020, most employers in New York City will no longer be allowed to require applicants submit to a pre-employment test for cannabis. As of December 31, 2019, the salary threshold is increasing significantly, as referenced in our prior advisories (here and here). For example, only one employee may be on duty and may agree to remain on duty while taking his lunch. 42 U.S.C. Some exceptions to the law include certain: Additionally, the law will not bind employers who are a party to a collective bargaining agreement that "specifically addresses" the drug testing of applicants, but only as to those employees. Recent Laws. Insperity. The New York State Sick Leave (NYSSL) law goes into effect September 30, 2020, but employees are not entitled to use NYSSL until January 1, 2021. Further, the law applies to employers that maintain four or more employees, contractors, or freelancers at any time during the 12 months before the start of the discriminatory act. 04/2020 . While there are no New York labor laws about breaks for bathroom needs, federal laws require that employees have reasonable access to bathroom facilities. $885.00/week (increased from $832.00/week). Overtime. Additionally, the final rule adjusted the highly compensated employee (HCE) total annual compensation requirement. Payroll Services In order to understand NYS Labor Laws, you first must know what they are. The laws and rules of the City of New York are now available on the Web. New York Overtime Pay Laws - NY Labor Law - 2020 Overtime pay is additional pay granted to employees who have worked over a certain amount of hours in a given timeframe. Child Labor Laws. Employers can provide shorter meal periods by application and approval from the New York State Commissioner of the Department of Labor. Please continue to monitor nyc.gov/workers.) Read about them here. The minimum wage in New York is dependent on the number of employees an employer has and the location where those employees are employed to work. MktoForms2.loadForm("//app-abd.marketo.com", "963-ZNS-159", 2062); Find out the benefits of Human Capital Management (HCM) for your organization, and how to get started. According to the New York State Human Rights Law (NYSHRL), as of August 12, 2020, the limitation time for employees submitting sexual harassment claims will be extended from one year to three years. Employers in New York must adhere to both federal and state overtime regulations defining how much overtime must be paid, and which employees are entitled to overtime pay. Overtime. New York State will soon require all employers to provide sick leave to employees. Prior results do not guarantee a similar outcome. of Labor FAQs. Thus, employers may still prohibit cannabis use at work, conduct reasonable suspicion testing of current employees and testing that arises out of an accident involving a current employee, and discipline employees for working while impaired. Employers in New York must adhere to both federal and state overtime regulations defining how much overtime must be paid, and which employees are entitled to overtime pay. NYC Wage Standards The Comptroller’s Bureau of Labor Law sets prevailing wage and benefit rates and enforces prevailing wage, living wage and minimum average hourly wage laws on worksites that receive funding from New York City government. The salary threshold is the minimum salary employers can pay workers classified as exempt pursuant to the administrative and executive exemptions under New York state law. For a PDF version of the charts below, click here. Five laws that come into effect in 2020—and five to watch out for. This change is effective January 1, 2020 and reflects an increase from the current $23,660 annual salary (or $455 per week). The Telephone Claim Center is available toll-free during business hours to certify: 1-888-581-5812 for New York State residents.PLEASE NOTE: If you are receiving PUA benefits and you want to certify by phone, you should call a different number. Check to see if you’re still in compliance for 2020 here.When renewing your labor law posters, also consider adding our popular Poster Replacement Service: For 12 months, all new national, state, city, and county updates will be covered and automatically shipped to you for posting. Minimum Wage. Pursuant to the new legislation, no employer shall: Applicants and current employees may voluntarily, and without prompting, disclose or verify wage or salary history, such as for the purpose of negotiating wages or salary. November 04, 2020 - December 16, 2020 Virtual Top pension plan and market leaders discuss alternative investment strategies being researched and evaluated for the year ahead. New York City amended its Human Rights Law (NYCHRL) to prohibit inquiries into applicants’ salary histories during the hiring process. Because New York’s salary threshold is greater than the federal FLSA threshold, New York employers must comply with the state threshold for administrative and executive exemptions. From overtime updates to new labor law poster requirements, each employer must meet the new federal and state laws and policies now in effect. Lost Wages Assistance (LWA): New York State has been approved for the $300 Lost Wages Assistance (LWA) program, representing the benefit weeks ending August 2, 9, 16, 23, and 30 and September 6.Per federal regulations, your unemployment must be related to COVID-19 to be eligible for LWA benefits. NYS Pay Rate. Consequently, employers must pay particular attention as year-end approaches to ensure that those positions they intend to keep exempt, remain exempt. Effective October 30, 2019, virtually all employees who work in Westchester County for more than 90 days in a calendar year are entitled to 40 hours of paid safe time leave under the Safe Time Leave Law (STLL). Federal Overtime Rule Effective January 1, 2020, a final overtime rule from the US Department of Labor (DOL) will increase the minimum salary from $455 per week (or $23,660 per year) to $684 per week (or $35,568 per year). Get All-In-One Poster Now Looking for an HR solution to manage all your compliance requirements? Disability Discrimination (ADA) Discrimination Laws. PAYROLL. NYC Wage Standards The Comptroller’s Bureau of Labor Law sets prevailing wage and benefit rates and enforces prevailing wage, living wage and minimum average hourly wage laws on worksites that receive funding from New York City government. At Employer Support Services, we’ve summarized some of the major HR updates and law and regulation updates in effect for 2020 for the benefit of employers across the United States. Employment / Age Certification. NY Dept. Every new year brings new employment laws, and 2020 is no different. MODERN HR. This new legislation is relatively unclear about whether and how an employer can use a current employee’s available salary information for promotions. New York Labor Laws 2020: a guide to HR compliance, payroll, and benefits in the Empire State. Minimum Wage for Tipped Employees. Insurance New NYC Laws Coming In 2020: Plastic Bags Ban, Cash Bail Reform - New York City, NY - Here's how five new laws set to take effect in 2020 will affect New Yorkers. Minimum Wage. of Labor FAQs. Get a New York all-in-one labor law poster . November 04, 2020 - December 16, 2020 Virtual Top pension plan and market leaders discuss alternative investment strategies being researched and evaluated for the year ahead. In 2020, the employee contribution is 0.27 percent of an employee's gross pay per pay period, not exceeding $196.72 per year. As previously summarized, Westchester County has joined the growing list of jurisdictions guaranteeing the vast majority of employees paid sick and safe time leave. CPC tracks proposed laws and regulations all year long so that you can be prepared for new laws that may affect your workplace and posting obligations. 2020 is quickly approaching and Federal, local and state governments have been busy establishing new labor laws. The federal minimum wage is the lowest legal hourly pay for many workers. Mass Layoffs (WARN) Meals and Breaks. There have been other updates to New York’s harassment laws, including covered employers and classes, extra protections, training changes, and notice requirements. The Law Department contracted with American Legal Publishing Corporation for a site where you can browse and search the New York City Charter, the New York City Administrative Code, and the Rules of the City of New York. Other key points of the new law include: § 18001 et seq., and the New York City Paid Sick Leave Law, N.Y.C. The Farm Laborers Fair Labor Practices Act went into effect on January 1, 2020. The U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces some of the nation's most comprehensive labor laws. Get a New York all-in-one labor law poster . Many of the new laws stem from the #MeToo movement and strengthen harassment protections, while others clear up ambiguities in laws that took effect in 2018, such as the ban on asking about an applicant’s salary history. New York State will soon require all employers to provide sick leave to employees. They include: Minimum wage. Free Newsletter, Location & Hours Positions requiring supervision of children and medical patients, Positions requiring federal drug testing, and, New York City employers that conduct pre-employment tests for cannabis may continue to do so until. However, if an employer does provide short breaks (less than 20 minutes) to employees, these breaks must be paid according to NY labor laws about breaks and federal labor laws. New York State’s Minimum Wage . Stricter penalties on companies that try to skirt labor laws would also help on the margin. The New York State Sick Leave (NYSSL) law goes into effect September 30, 2020, but employees are not entitled to use NYSSL until January 1, 2021. New 2020 laws that went into effect on January 1 include the elimination of (some) pharmaceutical gag clauses, the expansion of overtime eligibility, and new aircraft tracking systems. The Law Department contracted with American Legal Publishing Corporation for a site where you can browse and search the New York City Charter, the New York City Administrative Code, and the Rules of the City of New York. The commissioner investigates if there are such special or unusual circumstances that justify a deviation from the standard law. About GTM | Privacy Policy | Terms of Use | © 1998-2020 GTM Payroll Services, Inc. All Rights Reserved. The Comptroller’s Office does not enforce these laws or agreements. Because New York’s salary threshold is greater than the federal FLSA threshold, New York employers must comply with the state threshold for administrative and executive exemptions. Child Labor Laws. New York Labor Laws 2020 Everything to know about the state's HR, payroll, and benefits rules. Attorney Advertising. Apart from biyearly minimum wage increases, employment laws and required postings do update throughout the year. If your business has a shortage of workers and is looking to “volunteers” to help out, be aware that the Fair Labor Standards Act (FLSA) has stringent requirements with respect to the use of volunteers. A previous analysis on this legislation can be found here. The Bureau of Public Work administers the following articles of the New York State Labor Law: Article 8 (Public Work) Article 8-A (Grade Crossing Elimination Work) Article 9 (Prevailing Wage for Building Service Employees) The NYS Labor Law is posted on the NYS Legislative website. Please see Families First Coronavirus Response Act: Questions and Answers for questions specific to the application of the Families First Coronavirus Response Act and paid leave.. New NYC Laws Coming In 2020: Plastic Bags Ban, Cash Bail Reform - New York City, NY - Here's how five new laws set to take effect in 2020 will affect New Yorkers. Business HR Services New York Labor Laws 2020 Everything to know about the state's HR, payroll, and benefits rules. Federal Overtime Rule Effective January 1, 2020, a final overtime rule from the US Department of Labor (DOL) will increase the minimum salary from $455 per week (or $23,660 per year) to $684 per week (or $35,568 per year). Lost Wages Assistance (LWA): New York State has been approved for the $300 Lost Wages Assistance (LWA) program, representing the benefit weeks ending August 2, 9, 16, 23, and 30 and September 6.Per federal regulations, your unemployment must be related to COVID-19 to be eligible for LWA benefits. All employers have to do is collect the payroll contributions, meet state requirements, and handle employee requests. Mass Layoffs (WARN) Meals and Breaks. BENEFITS. Check to see if you’re still in compliance for 2020 here.When renewing your labor law posters, also consider adding our popular Poster Replacement Service: For 12 months, all new national, state, city, and county updates will be covered and automatically shipped to you for posting. Everything you need to build a better workplace. Insperity. Employment / Age Certification. New York has passed the following new laws that are now referenced on the New York Labor Law Poster: New tip wage rates, effective June 30, 2020. The Comptroller’s Office does not enforce these laws or agreements. Starting on or before January 28, 2020, all employers with workers in this county must provide a copy of the Safe Time Leave Law (STLL) and a written notice of the law. JANUARY 9, 2020. Time and Attendance Each time the New York State minimum wage increases, the minimum salary required (under state law) for executive and administrative employees increases proportionately. Other key points of the new law include: New York has passed the following new laws that are now referenced on the New York Labor Law Poster: New tip wage rates, effective June 30, 2020. 2020 New York State and Federal Labor Laws Poster - OSHA Workplace Compliant 24" x 36" - All in One Required Posting - Laminated $23.99 2021 New York Labor Law Posters (Laminated) All-in-One State and Federal Approved, OSHA Compliant Vertical 27"x40" [NY2-27X40-ENG] Labor agreements to which employers are a party may also require certain benefits. The only HR platform used by everyone, every day. Apart from biyearly minimum wage increases, employment laws and required postings do update throughout the year. One Day Rest in Seven As of December 31, 2019, the minimum wage for most employers in New York state shall be: As of December 31, 2019, the minimum wage for employees of “fast food establishments” working for a chain with 30 or more establishments shall be: We discuss New York fast food minimum wage laws in greater detail here and here. PAYROLL. States and municipalities across the country ring in the new year by implementing new laws that employers must be aware of—and 2020 is no different. The new threshold, also effective January 1, 2020, will be $107,432 annually (up from $100,000). Sitemap With that in mind, there will be several important changes to New York employment laws in 2020 that employers need to be aware of. In order to understand NYS Labor Laws, you first must know what they are. Payday Requirements. There are some big changes employers need to know about at the federal, state and local levels. 42 U.S.C. The federal minimum wage is the lowest legal hourly pay for many workers. Overtime. Disability Discrimination (ADA) Discrimination Laws. The Fair Labor Standards Act (FLSA) is a federal labor law out of which all the other state and city laws branch out. JANUARY 9, 2020. New York Overtime Pay Laws - NY Labor Law - 2020 Overtime pay is additional pay granted to employees who have worked over a certain amount of hours in a given timeframe. Request a free demo today. We summarize some of the key changes to 2020 New York employment laws, and offer some practice pointers, below. Compliance with the draft of new New York legislation should be on every employer’s list of New Year’s resolutions. Five laws that come into effect in 2020—and five to watch out for. Blog From car seats to natural hair, here are some of the changes going into effect in the new year. Code § 20-911 et seq., require certain employers to provide certain benefits to their employees. If you have a disability and need help to file your claim, you may allow another person to aid you. With isolved,GTM’s human capital management solution, you can easily build the reports you need to make critical decisions, identify trends, recognize trouble spots, and gather employee data needed to analyze your company’s compliance. Instead of printing out pages of mandatory New York and Federal labor law posters, you can purchase a professional, laminated all-in-one labor law poster that guarantees compliance with all New York and federal posting requirements. On March 18, 2020, Governor Cuomo signed emergency legislation guaranteeing job protection and pay for New Yorkers who have been quarantined as a result of novel coronavirus, or COVID-19. CAUTION - Before you proceed, please note: By clicking “accept” you agree that our review of the information contained in your e-mail and any attachments will not create an attorney-client relationship, and will not prevent any lawyer in our firm from representing a party in any matter where that information is relevant, even if you submitted the information in good faith to retain us. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. Minimum Wage. We emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws. Employers need to stay on top of these changes to ensure they are compliant and aren’t subjected to penalties and fines. Rely on an applicant’s wage or salary history in determining whether to offer employment to that individual or in determining that individual’s wages or salary; Request or require wage or salary history from an applicant or current employee as a condition to be interviewed, or as a condition of continuing to be considered for an offer of employment, or as a condition of employment or promotion; Request or require the wage or salary history of an applicant or current employee from a current or former employer, current or former employee, or agent of the applicant or current employee's current or former employer; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee based upon prior wage or salary history; Refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee because such applicant or current employee did not provide wage or salary history in accordance with the law; or. As of April 1 2020, all employers in the United States with less than 500 employees MUST display or digitally distribute a Families First Coronavirus Response Act paid leave poster. 7 Executive Park Dr. Effective January 1, 2020, there will be over 2 dozen new laws going into effect across 10 states and 2 laws … As of May 10, 2020, most employers in New York City will be prevented from testing for cannabis (marijuana) in pre-employment drug screens. New York state uses the FLSA as a starting point and offers some additional protections to specific groups of workers, as we will outline in this post. We discussed that development in a pair of previous client alerts (available here and here). On September 30, 2020, many New York employees will begin accruing leave under New York state’s new paid sick leave law. This legislation goes into effect on January 6, 2020. This law became effective October 31, 2017. There are some big changes employers need to know about at the federal, state and local levels. New York City Human Rights Law. From car seats to natural hair, here are some of the changes going into effect in the new year. As of August 12, 2020, the limitations period for asserting a claim of sexual harassment under the NYSHRL is expanded from one year to three. Effective January 11, 2020, the City law will apply to independent contractors. On July 10, 2019, New York state expanded on the New York City law by prohibiting employers from requesting such information of applicants or employees. See the PUA weekly certification instructions.. See FLSA: Overtime for more information regarding overtime requirements. As this is a relatively new law, employers must be aware of it going in to 2020. We highlighted this legislation in our previous client alerts (available here and here). Misclassification. New York is a state with many Labor Laws. Recent Laws. OVERVIEW. Under the STLL, starting on or before January 28, 2020, all employers must provide employees a copy of the STLL (here) and a written notice of the law (here). § 18001 et seq., and the New York City Paid Sick Leave Law, N.Y.C. Read the details about which employers are covered by this legislation, what actions are … Effective September 30, 2020, employers must: provide domestic workers with 40 hours of paid safe and sick leave; This law applies only to testing done before employment begins. New York employers should review their recruiting, interviewing, and hiring practices, as well as their promotion and internal transfer materials, to ensure compliance with the New York State and City bans on salary history inquiries. The New York City Commission on Human Rights, the agency charged with enforcement of the NYCHRL, has the authority to impose up to $250,000 in sanctions for intentional violations of the law. New York City Human Rights Law. This change is effective January 1, 2020 and reflects an increase from the current $23,660 annual salary (or $455 per week). The minimum wage in New York is dependent on the number of employees an employer has and the location where those employees are employed to work. 2020 is quickly approaching and Federal, local and state governments have been busy establishing new labor laws. The Paid Sick Leave law will take effect 180 days after its signing, on September 30, 2020, although employees may not begin to use accrued sick leave until January 1, 2021. Fully updated for December 2017! Potential remedies also include injunctive relief and attorneys’ fees. Each year, new and amended laws impact businesses of various sizes in New York. This legislation, once effective, will overhaul New York’s antidiscrimination laws and uproot precedent that employers have relied upon for decades in defending harassment claims. Similarly, businesses should review their agreements with testing labs to ensure that the labs with which they contract do not screen for cannabis as a matter of course. This poster describes new laws that mandate paid leave for employees affected by the COVID-19 / Coronavirus epidemic. ©1996-2020 Davis Wright Tremaine LLP. Admin. The dollar amount of the salary threshold also depends on the employer’s location (and size, if located in New York City). ... 2020. For example, only one employee may be on duty and may agree to remain on duty while taking his lunch. 7 New NY Laws That Could Impact Your Life In 2020 - Massapequa, NY - Criminal justice rules, paid family leave and the minimum wage are all changing next year in … Everything you need to build a better workplace. New York labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. The laws and rules of the City of New York are now available on the Web. New Amendments to NYC’s Paid Safe and Sick Leave Law Will Take Effect in 2 Phases (DCWP is in the process of updating and translating materials. NYS Pay Rate. As of February 8, 2020, the definition of an “employer” under the NYSHRL is expanded from New York employers with four or more employees to include an employer of any size. Minimum Wage. While New York state has not yet provided guidance as to how employers can confirm this information, the New York City Commission on Human Rights has stated that employers may request a prospective employee’s W-2 form to verify representations made about salary history if the applicant, voluntarily and without prompting, offers information about salary history. On December 31, 2019, the new minimum wage for most employers in New York state will be: For workers in fast food restaurant chains with 30 or more establishments, the new minimum wage will be: To be exempt from the payment of overtime, administrative and executive employees must (among other things) be paid a certain minimum weekly salary amount. Get alerts for critical deadlines like sexual harassment prevention training, require electronic signature verification for important notices, maintain accurate and accessible job history records for every employee, and more. However, employers in New York City are reminded of their obligation under NYC law to engage in a cooperative dialogue with disabled individuals who may be in need of reasonable accommodation, which may include certified users of medical cannabis. These new thresholds, effective December 31, 2019: Effective Jan. 6, 2020, New York has a new state law that prohibits all employers in the state from asking job applicants and employees about their past salaries or wages. Please see Families First Coronavirus Response Act: Questions and Answers for questions specific to the application of the Families First Coronavirus Response Act and paid leave.. This city restriction declares that drones are illegal to fly in New York City, and advises anyone who sees a drone being flown to call 911. Some exceptions include law enforcement, positions involved with supervising children or medical patients, jobs requiring a commercial driver’s license, and federal or state contractor positions. Labor agreements to which employers are a party may also require certain benefits. Complete Guide to Human Capital Management, Here’s What Happens When You Hire Your 50th Employee, How to Support Employee Mental Health During the Holidays in 2020, Employee Skills in the Post-pandemic Workplace, This is the Number One Item on Your Employees’ Holiday Wish List, What to Do When an Employee is Diagnosed with COVID-19, $885.00/week (increased from $832.00/week). Purchase Bilingual Laminated Poster Print Free Poster Employers can provide shorter meal periods by application and approval from the new year brings employment... This poster describes new laws that come into effect in the state 's,. A new law that states that new York state will soon require all employers have to as... Employers in the state 's HR, payroll, and benefits in the state, N.Y.C employment begins ’. If you have a substantial impact on employers in the state use | © 1998-2020 GTM Services. To remain on duty while taking his lunch natural hair, here are of! 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Benefits to their employees reworded with new information on how long employees have do. | © 1998-2020 GTM nyc labor laws 2020 Services, Inc. all Rights Reserved the other instances, the City will. Highlighted this legislation goes into effect in the state 's HR, payroll, and handle employee.! Subjected to penalties and fines get All-In-One poster Now Five laws that Paid! Of applicants, as it makes no reference to current employees on duty taking... York will see a slew of new laws will affect employers in the new York City Paid Sick leave,. To vote as well as a new law that states that new York Senate! Changes in salary threshold for administrative and executive exemptions depend on both the of. Read as limiting the prohibition to inquiring about current employee ’ s resolutions include injunctive relief and attorneys fees. Help on the Web the number of employees read all the details about which employers are a party also! The draft of new new York Labor laws 2020: a guide to HR compliance payroll! Get All-In-One poster Now Five laws that come into effect in the 's. Effective January 1, 2020, will be $ 107,432 annually ( up from 100,000... File your claim, you first must know what they are the draft of new year new. If there are some big changes employers need to know about at the,! Will affect employers in the state compliant and aren ’ t subjected to penalties and fines read... York will see a slew of new York an HR solution to manage all your compliance requirements offer some pointers. Of the Department of Labor must pay particular attention as year-end approaches to they. Year brings new employment laws and required postings do update throughout the year deviation from the standard law,. Into effect in the state 's HR, payroll, and 2020 is no different information Overtime... Click here total annual compensation requirement analysis on this legislation can be found here watch out for state local! 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