New Year Update on New York State and New York City Employment Laws.

AuthorDemaria, Alfred T.
Position[HR UPDATE]

* Recently, both New York State ("NYS") and New York City ("NYC") have enacted a significant number of new employment and labor laws. The update summarizes the key laws insurance industry employers should be following and the penalties for violations. While NY is a leader in this area of progressive employment practices, neighboring states have similar laws and copycat legislation is sure to follow.

NYS Minimum Wage Law

The statewide minimum wage has increased depending on employer location, size and industry.

What if you fail to comply? Liability for wage underpayments and liquidated damages, plus interest, civil and criminal penalties.

NYS Salary Threshold Increased for Exempt Employees

What if you fail you comply? Administrative and executive employees who are not paid these salary minimums must be paid overtime for any work hours over forty in a workweek and liable for a one-hundred percent penalty on any unpaid overtime amount, plus interest and may be held personally responsible for unpaid wages.

NYC Earned Sick Time Act ("ESTA")/Earned Safe and Sick Time Act ("ESSTA")

What if you fail you comply? Civil penalties of $500 per employee for each first-time violation. Subsequent violations may result in fines up to $1,000. Further damages include paying three times the wages that should have been paid for each time an employee took sick leave but was not paid.

NYS Paid Family Leave Law

What if you fail you comply? May be criminally liable for a misdemeanor and civilly liable for a fine up to $500, or imprisonment of up to one year, or both. Subsequent violations may result in fines up to $2,500.

NYC and NYS Anti-sexual Harassment Laws

What if you fail you comply? May be criminally liable for a misdemeanor and civilly liable for a fine up to $500, or imprisonment of up to one year, or both, as well as held liable for compensatory, emotional injury and punitive damages. Also, may be civilly liable for a fine up to $125,000 if it's a willful violation. Employers are liable for compensatory, emotional injury and punitive damages for sexual harassment.

NYS Corrections Law 23A and NYC Fair Chance Act

What if you fail you comply? Employers who violate Article 23A, regarding the failure to hire employees with a prior criminal record, may be held criminally liable for a misdemeanor and civilly liable for a fine up to $500, or imprisonment of up to one year, or both. Also, liability for lost wages and other damages to the employees affected and...

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