Month: December 2021

Update Applicable to:
All employers in the state of New York

What happened?
On November 1, 2021, Governor Kathy Hochul signed into law Senate Bill S2928A (SB S2928A), amending the New York Paid Family Leave Law (NYPFLL).

What are the details?
In effect since 2018, the NYPFLL is employee-paid insurance that provides workers with job-protected, paid time off to bond with a newly born, adopted, or fostered child; care for a family member with a serious health condition (which may include severe cases of COVID-19), or assist loved ones when a member of the family is deployed abroad on active military service.

Currently, the NYPFLL defines “covered family members” to include an employee’s spouse or domestic partner, child (including a biological, adopted or foster child, step-child or child of a domestic partner, legal ward, or one to whom the employee stands in loco parentis), parent (including a biological, adoptive or foster parent, step-parent, legal guardian, or one who stood in loco parentis to the employee as a child), parent-in-law, grandparent and grandchild. 

Effective January 1, 2023, the amendment will expand this definition to include an employee’s biological, adopted, step, and half-sibling(s).

For more information, please see the links below:

Senate Bill S2928A

Announcement

Article 1 – Article 2

What do employers need to do?
Employers should review the links above and put in place reminders as we get closer to the year 2023.

Vensure will provide another update or reminder in the future.

Update Applicable to:
All employers in New York City.

What happened?
On December 15, 2021, the New York City Council passed an amendment to the New York City Human Rights Law (NYCHRL)

What are the details?
The amendment to Int. 1208-B (the “Bill”), requires most employers’ advertisements for job openings for positions performed in New York City to include the minimum and maximum salaries offered for the position in the posting.

The Bill’s language covers the vast majority of employers who recruit and hire in New York City, including any employer that employs four or more “persons.” When counting individuals to meet the threshold, employers must include independent contractors furthering the employer’s business, as well as an employer’s parent, spouse, domestic partner, or child working for the employer.

Under the Bill, covered employers would have to include minimum and maximum salaries in advertisements for almost any position, including job listings, promotions, and transfers. The published salary range must represent what the employer believes in good faith it would pay for the position at the time of posting. The Bill does not distinguish between internal and external job postings.

Failure to do so would be considered an unlawful discriminatory practice under the New York City Human Rights Law.

The amendments will go into effect 120 days later, on May 14, 2022. The Commission may issue additional rules and guidance on compliance with the amendments prior to the effective date.

For more information, please see the links below:

Int. 1208 (the “Bill”)

Article 1 – Article 2

What do employers need to do?
Employers should review the links provided above and begin posting hourly wage ranges in job postings to comply with the new law.

Update Applicable to:
All employers in New York City, New York.

What happened?
On November 23, 2021, the New York City Council passed a bill that would amend the City’s Earned Safe and Sick Time Act (ESSTA).

What are the details?
Effective immediately, employers will be required to provide employees who are parents or legal guardians of children under the age of 18 (or an older child who is incapable of self-care because of a mental or physical disability) with an additional four hours of paid leave, per injections, for COVID-19 child vaccinations.

This leave cannot be charged against an employee’s accrual of safe/sick time under State or City law.

Employers may be subject to penalties for failing to provide Child Vaccination Leave.  For each instance of Child Vaccination Leave taken by an employee but not compensated by the employer, the employee may be awarded three times the wages that should have been paid or $250, whichever is greater.  Additionally, the employee may be entitled to $500 for each instance when the employer denies Child Vaccination Leave to which the employee was entitled or charges such time against the employee’s paid safe or sick time accruals.

The bill would expire and be deemed repealed on December 31, 2022.

For more information, please see the links below:

Bill

NYC PSSLL Article

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What do employers need to do?
Employers should review the links above and make immediate adjustments to their Paid Sick Leave policies.

Update Applicable to:
All employers in the state of New York.

What happened?
On December 10, 2021, Governor Hochul announced a new mandate requiring that masks be worn in indoor public spaces with some exceptions.

What are the details?
Effective since December 13, 2021, businesses are required to ensure that all staff and all patrons over the age of two must wear masks in all indoor public areas at all times with the exception that the business has implemented a mandatory vaccination policy.

This mandate appears to be generally consistent with the state’s employer obligations under the Health and Essential Rights (HERO) Act. Adopted in response to the COVID-19 pandemic, the purpose of the HERO Act is to protect workers against exposure and disease during an airborne infectious disease outbreak. It is unclear if the state will issue clarifying guidance.

Local health departments can enforce this mandate. Individuals, businesses, and venues that violate this mandate and the related guidance are subject to a maximum fine of $1,000 per violation.

For more information, please see the links below:

Announcement

New York Proof of Vaccination or Mask Requirement FAQs

New York HERO Act

Article 1 – Article 2

What do employers need to do?
Employers should review the links provided above and make immediate adjustments to their required mask policies to comply with the mandate.