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In New York, Not Just Snow Flurries: A Flurry of Executive Action on a Year’s Worth of Employment Legislation

As the year 2022 was ending and 2023 got underway, New York Governor Hochul kept busy reviewing bills that were passed throughout the year but delivered to her for signature only after the November elections. Both houses of the New York State Legislature approved a total of 1,007 bills during the regular 2022 Legislative Session, a “modern-day record,” according to this December 20, 2022 interim report from the New York State Association of Counties. The Governor approved much of this legislation, but rejected a few measure.

The record-setting 2021-2022 Legislative Session included numerous measures that affect private employers in New York State. Here is a partial list of bills approved by the New York State Assembly and Senate along with their fates at the Governor’s desk:

Bill Nos.TopicStatusEffective Date
S. 5870 / A. 7101Prohibited Retaliation Broadened

Signed into law

March 16, 2022

March 16, 2022
S. 812B / A. 2035BToll Free Sexual Harassment Hotline

Signed into law

March 16, 2022

July 14, 2022
S. 8529 / A. 9513Extending COVID-19 Vaccination Leave

Signed into law

June 28, 2022

Through Dec. 31, 2023
S. 1958A / A. 8092BProtecting “Lawful Absences”Signed into law Nov. 21, 2022Feb. 19, 2023
S. 4844-B / A. 1236A

Workplace Lactation Rights

 

Signed into law

Dec. 9, 2022

June 7, 2023
S. 6805 / A. 7595Requiring certain required workplace notices to be made available electronicallySigned into law Dec. 16, 2022Dec. 16, 2022
S. 8922A / A. 10020AWarehouse Worker Protection Act

Signed into law

Dec. 21, 2022

Feb. 19, 2023
S. 9427A / A. 10477Statewide Pay Transparency Law

Signed into law

Dec. 21, 2022

Sept. 17, 2023
S. 1997A / A. 286ARestrictions on Consecutive Hours for NursesSigned into law Dec. 30, 2022Feb. 28, 2023
S. 768 / A. 1118Clarifying Definition of “Temporary Total Disability” under Workers’ Compensation LawVetoed Dec. 30, 2022N/A
S. 9149 / A. 10349Justice for Injured Workers Act, eliminating collateral estoppel effect of Workers Comp Board decisions,Signed into law Dec. 30, 2022Dec. 30, 2022
S. 9450 / A. 10492NY HERO Act amendments to require employers to recognize establishment of a Workplace Safety Committee within five business days; creates penalty of $50 per day until violation is remedied.Signed into law Dec. 28, 2022Dec. 28, 2022
S. 2239 / A. 5773Requiring state contractors to provide Equal Pay Disclosure ReportsVetoed Dec. 23, 2022

N/A

 

A few seeds planted by the Legislature in 2021 will come to fruition at the start of the new year, too. As we previously reported, an expanded definition of “family member” under the New York Paid Family Leave (PFL) law took effect January 1, 2023. In addition, the employee contribution rate for the PFL program is changing for 2023, as we explained here.

Also, employers should be mindful that the New York State Minimum Wage Law, which was set up to gradually bring the statewide minimum wage to a rate of $15 per hour, calls for increases for workers outside of New York City, Long Island, and Westchester that took effect on December 31, 2022. In those locations, the minimum hourly rate rose by a dollar to $14.20 for most workers, and to $16.20 for home care aides in those areas. Note, too, that home care aides in New York City, Long Island and Westchester have been entitled to a $17.00 per hour minimum wage since October 1, 2022, an hourly rate that exceeds the general minimum wage rate in those locations by two dollars.

New York employers should stay tuned for updates from regulatory agencies such as the New York Department of Labor and the New York State Division of Human Rights.