As the year 2022 was ending and 2023 got underway, New York Governor Hochul kept busy reviewing bills that were passed throughout the year but delivered to her for signature only after the November elections. Both houses of the New York State Legislature approved a total of 1,007 bills during the regular 2022 Legislative Session, a “modern-day record,” according to this December 20, 2022 interim report from the New York State Association of Counties. The Governor approved much of this legislation, but rejected a few measure.
The record-setting 2021-2022 Legislative Session included numerous measures that affect private employers in New York State. Here is a partial list of bills approved by the New York State Assembly and Senate along with their fates at the Governor’s desk:
|Bill Nos.||Topic||Status||Effective Date|
|S. 5870 / A. 7101||Prohibited Retaliation Broadened||Signed into law|
March 16, 2022
|March 16, 2022|
|S. 812B / A. 2035B||Toll Free Sexual Harassment Hotline||Signed into law|
March 16, 2022
|July 14, 2022|
|S. 8529 / A. 9513||Extending COVID-19 Vaccination Leave||Signed into law|
June 28, 2022
|Through Dec. 31, 2023|
|S. 1958A / A. 8092B||Protecting “Lawful Absences”||Signed into law Nov. 21, 2022||Feb. 19, 2023|
|S. 4844-B / A. 1236A||Workplace Lactation Rights||Signed into law|
Dec. 9, 2022
|June 7, 2023|
|S. 6805 / A. 7595||Requiring certain required workplace notices to be made available electronically||Signed into law Dec. 16, 2022||Dec. 16, 2022|
|S. 8922A / A. 10020A||Warehouse Worker Protection Act||Signed into law|
Dec. 21, 2022
|Feb. 19, 2023|
|S. 9427A / A. 10477||Statewide Pay Transparency Law||Signed into law|
Dec. 21, 2022
|Sept. 17, 2023|
|S. 1997A / A. 286A||Restrictions on Consecutive Hours for Nurses||Signed into law Dec. 30, 2022||Feb. 28, 2023|
|S. 768 / A. 1118||Clarifying Definition of “Temporary Total Disability” under Workers’ Compensation Law||Vetoed Dec. 30, 2022||N/A|
|S. 9149 / A. 10349||Justice for Injured Workers Act, eliminating collateral estoppel effect of Workers Comp Board decisions,||Signed into law Dec. 30, 2022||Dec. 30, 2022|
|S. 9450 / A. 10492||NY HERO Act amendments to require employers to recognize establishment of a Workplace Safety Committee within five business days; creates penalty of $50 per day until violation is remedied.||Signed into law Dec. 28, 2022||Dec. 28, 2022|
|S. 2239 / A. 5773||Requiring state contractors to provide Equal Pay Disclosure Reports||Vetoed Dec. 23, 2022||N/A|
A few seeds planted by the Legislature in 2021 will come to fruition at the start of the new year, too. As we previously reported, an expanded definition of “family member” under the New York Paid Family Leave (PFL) law took effect January 1, 2023. In addition, the employee contribution rate for the PFL program is changing for 2023, as we explained here.
Also, employers should be mindful that the New York State Minimum Wage Law, which was set up to gradually bring the statewide minimum wage to a rate of $15 per hour, calls for increases for workers outside of New York City, Long Island, and Westchester that took effect on December 31, 2022. In those locations, the minimum hourly rate rose by a dollar to $14.20 for most workers, and to $16.20 for home care aides in those areas. Note, too, that home care aides in New York City, Long Island and Westchester have been entitled to a $17.00 per hour minimum wage since October 1, 2022, an hourly rate that exceeds the general minimum wage rate in those locations by two dollars.
New York employers should stay tuned for updates from regulatory agencies such as the New York Department of Labor and the New York State Division of Human Rights.