2022 EMPLOYMENT LAW UPDATE
MINIMUM WAGE INCREASE
Effective December 31, 2021, New York State minimum wage has increased once again. The present minimum wages are as follows:
- New York City $15.00 per hour
- Long Island and Westchester $15.00 per hour
- Rest of New York State $13.20 per hour
Wages will increase again in 2023 and thereafter until minimum wage statewide reaches $15 per hour for the entire state.
SALARY DISCLOSURES ON JOB POSTINGS
Effective May 15, 2022, New York City is requiring employers with more than 4 employees to include the minimum and maximum salary on all job postings. Not adhering to this new law will be considered discriminatory under the city’s human rights law and may result in a fine of up to $125,000.
NEW YORK STATE PAID LEAVE
In 2019, New York State implemented Paid Leave for employees for certain situations, such as the birth of a child and the care of a loved one under specific circumstances. A portion of the employee’s wages are deducted to pay the insurance premiums for the Paid Leave. If an employee has a claim for Paid Leave, they are required to submit a claim with the employer’s insurer, which in turn pays the employee directly. The employee is required to grant said leave and job security thereafter. For 2022, the benefits are as follows:
- Employees can receive 67% of their wages, up to $1,068.36 per week;
- The employee can take leave for up to 12 weeks.
This is the maximum benefit the employee can receive.
THRESHOLD FOR EMPLOYEE EXEMPT STATUS
In order for an employee to be exempt from overtime compensation, they must meet both a “duties” test and a “salary threshold” test. If BOTH are not met, the employee must be paid an hourly wage and overtime at time and ½ for work over 40 hours per week. In 2022, the salary threshold is as follows:
- New York City $1,125.00 per week $58,500 annually
- Long Island and Westchester $1,125.00 per week $58,500 annually
- Rest of New York State $937.50 per week $48,750 annually
NEW YORK STATE PAID TIME OFF
As part of its first Covid relief bill, New York State passed a permanent Paid Time Off law. The law requires all employers to provide their employees with 5 paid days off, in the form of sick leave. These days are accrued per hour of work over the course of the year. If an employee is already provided paid time off, this law does not require the employers to add additional days off. This law is only relevant for employers that provide less than 5 paid days off per year.
NOTICE OF ELECTRONIC MONTORING
New York State now requires all employers to post a notice in the workplace that the employer has the right to monitor employees’ electronic data, including computers and emails. As of May 7, 2022, new hires must be provided said notice and acknowledge receipt of same.
NEW YORK STATE HERO ACT
New York State has developed an Airborne Infectious Disease Exposure Prevention Standard, a Model Airborne Infectious Disease Exposure Prevention Plan, and various industry-specific model plans for the prevention of airborne infectious disease. Employers can choose to adopt the applicable policy template/plan provided by NYS DOL or establish an alternative plan that meets or exceeds the standard’s minimum requirements.
The airborne infectious disease exposure prevention plans must go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health. When designated, employers are required to provide a copy of the adopted airborne infectious disease exposure prevention plan and post the same in a visible and prominent location within each worksite. Templates and resources are available on the NY DOL website or can be created by the employer to meet their specific needs.
New York State labor and employment laws are constantly changing. If you need assistance navigating these rules and laws to ensure compliance, we are happy to assist. Please reach out to Jeff Ettenger at jse@selawny.com or 631-777-2401 x22