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New York City Amends Earned Safe and Sick Time (Act) Regulations (ESSTA)

26 Oct

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Update Applicable to:

All New York City employers with 100 or more employees and multi-state businesses with 100 or more employees, with at least 1 working in New York City.

What happened?

Effective on October 15, 2023, the DCWP (Department of Consumer and Worker Protection), considering increased remote working arrangements, issued for New York City on September 15, 2023, regulations that now mandate that an employee is covered by the ESSTA if they regularly perform, or are expected to regularly perform, work in New York City during a calendar year. An employee is not covered if he performs work outside of New York City, and only during that time. The regulation also clarifies how to perform the headcount calculation.

What are the details?

Under the ESSTA, private employers with 100 or more employees are required to provide up to 56 hours of paid safe and sick time annually, while employers with fewer employees need only provide up to 40 hours of safe and sick time annually. For additional information consult the NYC Consumer and Worker Protection here.

The amended regulations clarify that the headcount calculation is based on the number of employees NATIONWIDE and NOT ONLY those employees working in New York City AND is determined by counting THE HIGHEST TOTAL NUMBER OF EMPLOYEES EMPLOYED AT ANY POINT DURING THE CALENDAR YEAR. This headcount must include but is not limited to: full and part-time employees, employees jointly employed by one or more employers, and employees on leave (doesn’t matter the type).

The amended regulations set forth the procedures to be followed when an employer shifts above or below the applicable thresholds.

(a)     Shifts above: an employer rising to the next coverage threshold must make an immediate, prospective change to the sick and safe time benefits provided to its employees.

(b)     Shifts Below: an employer shifting down to a lower coverage threshold cannot reduce employee sick and safe time entitlements until the following calendar year.

Employers must also show the amount of accrued and used safe/sick time during a pay period to the employees’ total balance of accrued safe/sick time on the paystub/itemized wage statement or other written documentation.

For more information, please see the links below:

Law Firm: Article 1, Article 2, Article 3

New York City Overview Codes

Law, Rules, and FAQ, FAQ Paid Safe and Sick Leave

What do employers need to do?

Employers should review the above resources, review existing policies and procedures, and determine how to implement the requirements, if applicable.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's New York PEO services can help you navigate complex employment laws and keep your business compliant.


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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