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January 2023: Governor Hochul Vetoes Two New York Employment Bills

03 Jan


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

What happened, and what are the details?
On December 23, 2022, Governor Hochul vetoed Bill A9368/S8369BThe bill was modeled after the Freelance Isn’t Free Act, enacted in 2016 in New York City, and would have created a state-wide law with the same name, Freelance Isn’t Free Act. The bill would have created New York Labor Law 191-d, imposing requirements relating to payments and contracts with freelance individuals working as independent contractors.

On December 23, 2022, Gov. Hochul also vetoed Bill A5773/S2239That bill would have created New York Executive Law 15-D and required contractors with agreements with a New York State agency exceeding $50,000 to submit equal pay reports that include compensation data by various employee demographics (e.g., race, gender).

Vetoed bills are returned to the chamber that first passed them. A two-thirds majority from both legislative houses can override a veto. Still, since the legislative session ended in 2022, the bills would need to be reintroduced as new bills during next year’s session that starts in January 2023.

For more information, please see the links below:

A9368/S8369BThe Bill

A5773/S2239That Bill

Freelance Isn’t Free Act


What do employers need to do?
Employers should review the links provided above and be on the lookout for any news of these bills is possibly reintroduced come January 2023.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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