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Update Applicable to:  Effective date
All employers regardless of size with at least 1 worker in New York City.  March 1, 2024 – Commissioner must provide on city’s website Notice of Workers Right relevant under Federal, State and City law applicable. See details.     July 1, 2024 – Employer must provide on or before and employees first day of work and in an area accessible and visible to employees (regardless of immigration status).

What happened?

On December 3, 2023, the New York City Council passed a bill requiring the Department of Consumer and Worker Production (DCWP), in coordination with the Mayor’s Office of Immigrant Affairs (MOIA), the New York City Commission on Human Rights, and community and labor organizations selected by the commissioner of DCWP, to publish a workers’ bill of rights on the City’s website. The bill was returned unsigned by the mayor without a veto.

What are the details?

For the bill of rights:

  • Must be finalized and on the website by March 1, 2024.
  • Identify federal, state, and local labor laws that provide protections to employees.
  • Provide information about employees’ rights regardless of immigration status and the right to unionize.
  • Be posted in English, designated citywide languages and temporary languages.

Employers will be required by July 1, 2024, to:

  • Provide a copy of the Bill of Rights to each of their current employees or on an employee’s first day of work.
  • Post the Bill of Rights Notice in an area of the worksite that is both accessible and visible to employees.
    • Businesses that use a website or mobile application to regularly communicate with employees will be required to post the notice here too.
  • Will need to be provided in English and any language spoken as the primary language by at least 5% of the workforce, provided it has been published in the applicable language.
  • Failure to adhere to the posting requirement will incur a $500 penalty.
    • Will be given a 30-day window to cure the violation following the first complaint.

At present, it does not appear that employers are required to provide the bill of rights to independent contractors.

Business Considerations

  • Consider staying vigilant about when the poster will be available. At Vensure we will send an update to inform you when the notice is available.


Resources


Source References

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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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