New York`s HERO Act («HERO Act»), enacted in May 2021 and amended in June, has two key requirements for employers. Section 1 of the HERO Act requires employers to prepare and maintain infectious disease exposure plans («safety plans»). This requirement was recently extended to at least January 15, 2022, as the New York State Health Commissioner renewed the classification of COVID-19 as a highly contagious communicable disease posing a serious risk to public health. The new amendments, which came into effect in July 2021, now require employers to follow a two-step process when conducting background checks on candidates. At the first step (before submitting a conditional offer), the employer must first verify the applicant`s non-criminal information (e.g., educational background and references). In this first step, an employer must ensure that a candidate`s criminal record information is not accessible to those making the hiring decision. In addition, employers should indicate in applications or advertisements, or at no time before the conditional offer is made, that a «background check» is required for the position. This requirement also applies to any authorization that an applicant must sign as part of the collection of information under the Federal Fair Credit Reporting Act. Instead, employers are encouraged to use terms such as «consumer report» or «consumer survey report.» If an employer determines that non-criminal information is not a problem when hiring the candidate, a conditional offer may be made. As a second step (after a conditional offer has been made), an employer can then conduct a criminal record check and, if an employer wishes to withdraw an offer, it must always participate in a fair opportunity procedure. In the second step, an employer cannot consider non-criminal information when withdrawing an offer unless it can prove that it could not reasonably have known about the non-criminal information before making the conditional offer and that the employer would not have made the offer if it had not known about the criminal information before the conditional offer was made.

Since driving records can contain both criminal and non-criminal information, these documents should be reviewed in the second stage. 1. In March, the New York State Senate passed a bill that would make disclosure of an employee`s claim against an employer unenforceable if the employer is prohibited from applying, accepting or holding future employment with that employer or any institution affiliated with that employer. This bill would also cover independent contractors. The bill was sent back to the Assembly. If the law is passed by the Assembly and signed by the Governor, it will take effect 60 days after the date of signature by the Governor. Just as New York City employers began adjusting to some of the changes we reported in January, the state and city rolled out more updates to keep employers on their toes. Here`s a look at the highlights from the first quarter of 2022 and some of the pending legislation we`re tracking. By the end of the month, all private sector employees in New York City must receive at least one dose of a COVID-19 vaccine, according to an announcement by Mayor de Blasio. The mandate, which will take the form of an order from the New York Department of Health and Mental Hygiene, applies to nearly 184,000 businesses and is not limited to companies in specific sectors or based on company size.

The mandate will most likely be the same as that of municipal workers in that employers will be allowed, in some cases, to make reasonable arrangements for mandatory vaccination policies for employees with legitimate religious or medical reasons, but will not authorize testing facilities instead of the vaccine. The mandate does not apply to employees who are completely remote or those who are alone on a construction site. The city has not yet revealed whether employers will face inspections or fines if they fail to comply with the mandate, but it intends to publish implementation and enforcement policies by Dec. 15, 2021. After weighing these factors, the employer may only revoke a conditional offer of employment after determining (a) that there is a direct connection between the alleged misconduct that is the subject of the current arrest or criminal charge and the employment sought or pursued, or (b) the granting or maintenance of employment poses an undue risk to the property or to the safety or well-being of the person It would represent individuals or the general public. Before the employer can withdraw a conditional offer of employment based on a candidate or the criminal record of a current employee, the employer must provide a written opinion and analysis applying the above factors and indicating the basis for its decision. Employers must also allow the applicant or employee a reasonable amount of time to make representations before making a negative decision. For the duration of 2022, a measure enacted in March 2021 requires New York employers to grant their employees up to four hours of paid leave per COVID-19 vaccine injection, including booster shots. New York, New York (23. February 2022) – In 2021, the New York State Legislature and the New York City Council have generally been active in passing new laws and amending existing laws affecting labor and employment. Employers in these jurisdictions must continue to be flexible to adapt to legislative changes that affect the way they work.

In the following, we summarize the most important developments. For employers with employees in New York, the minimum hourly rate remains $15.00 per hour. However, the minimum wage for workers in Nassau, Suffolk and Westchester counties will increase from $14.00 to $15.00 per hour. Workers in the rest of New York State will rise from $12.50 to $13.20 per hour. There is an exception for people who work at fast food outlets throughout New York State, as the minimum wage for these people is as of July 1. July 2021 has been increased to $15.00 per hour. Effective December 31, 2021, the national general minimum wage was increased to $13.20 per hour and the minimum hourly wage in Nassau, Suffolk and Westchester counties was increased to $15.00, the rate that has applied to all employers in New York City since 2019. The corresponding minimum wage threshold for exempt employees has also been raised outside New York City. In Nassau, Suffolk, and Westchester counties, exempt employees must earn at least $1,125/week ($58,500/year), and in the rest of the state, exempt employees must earn at least $990/week ($51,480/year). New York State requires employers to publish minimum wage information and publishes industry-specific posters that can be used in accordance with this requirement.

On December 15, 2021, New York City Council Int. 1208-2018 («Int. 1208-2018»), a pay transparency law that has a significant impact on New York City employers. Mayor Eric Adams subsequently took no action on the Int. 1208-2018 after its adoption, and the law therefore came into force on January 15, 2022. 1208-2018 comes into force on May 15, 2022. New York employers must specify pay ranges in job postings starting May 15, 2022 On January 20, 2021, nearly a year after the law went into effect, the New York Department of Labor («NYDOL») issued new guidance (the «Guidelines») for employers on the length of sick leave available to employees subject to a mandatory or preventive quarantine or isolation order. due to COVID-19 («Quarantine Leave»).

The guidelines create new obligations for employers in New York City and clarify some restrictions on quarantine leave. It is also intended to complement other guidelines previously published by NYDOL and still in effect. New York Department of Labor Significantly Expands COVID-19 Quarantine Leave On October 21, 2021, New York Governor Hochul signed a bill requiring employers to automatically enroll employees in New York State`s Secure Choice Savings Program (the Program) and remit after-tax employee contributions into a Roth Individual Retirement Account (IRA). The program applies to any New York State employer that (i) had at least 10 employees in the state at any time during the preceding calendar year; (ii) has been in operation for at least two years; and (iii) has not offered a qualifying pension plan to its employees in the past two years. A participating employer will not be considered an administrator with respect to the Program, will have no responsibility for the administration of the Program, and will have no responsibility for decisions made by its employees with respect to participation in the Program and the investment of ERI assets. Effective December 24, 2021 and retroactive to November 2, 2021, New York City enacted a law granting an employee up to four hours of paid leave for their child`s COVID-19 vaccination or to care for the child due to vaccine side effects. An employee is entitled to four hours per COVID-19 vaccine per child. On December 15, 2021, the New York City Council passed a law requiring most employers who post job postings in New York City to include the minimum and maximum wages offered for the position in the job posting.