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As of March 12, 2024, New York employers are prohibited from requesting or obtaining access to the personal social media accounts of employees and applicants. Specifically, employers are not permitted to require employees or applicants to: (i) disclose their user names, passwords, or log-in information, (ii) access personal accounts in the presence of the employer; or (iii) reproduce any posts, including photos and videos, from personal accounts. In addition, employers may not discharge, discipline, or otherwise penalize an employee or applicant because of their refusal to disclose such information. Continue Reading New York places limitations on employer access to employee social media

New York State lawmakers had a busy 2023 and have ushered in many new measures that will take effect throughout 2024. As New York employers look toward the new year, they should keep the following key dates in mind:

  • January 1, 2024 – The minimum wage rate in New York will increase to $16/hour in New York City, Nassau, Suffolk, and Westchester Counties and $15/hour in the rest of the state. Additionally, this will cause an increase to the exempt salary threshold for administrative and executive employees — to $1,200/week or $62,400/year in New York City, Nassau, Suffolk, and Westchester Counties and $1,124.20/week or $58,458.40/year in the rest of the state.
  • February 15, 2024 – The statute of limitations for filing administrative claims of unlawful discrimination under the New York State Human Rights Law extends from one year to three years (running from the date of the alleged unlawful discriminatory practice). Claims of sexual harassment are already subject to this three-year limitations period.

Continue Reading New year, new laws: Key compliance dates for New York employers

During the height of the #MeToo movement, New York lawmakers passed a host of workplace-related legislation. This included adoption of Section 5-336 of the New York General Obligations Law, which governs the use of nondisclosure provisions in agreements resolving claims of discrimination, harassment, or retaliation. On November 17, 2023, Empire State legislators passed several key amendments (the “Amendment”) to the existing law, which took effect immediately.

By way of background, Section 5-336 was originally passed to protect nondisclosure provisions in agreements resolving claims of sexual harassment. Under Section 5-336 and prior to the Amendment, the law prohibited employers from including nondisclosure provisions in such agreements unless it was the employee’s preference and the employer complied with certain procedural requirements, including: (i) the inclusion of the provision is the employee-complainant’s preference; (ii) employee’s receipt of 21 days to consider the nondisclosure provision, a period that could not be shortened or waived (even if the employee wanted to); (iii) a 7-day revocation period; and (iv) employee’s preference for confidentiality memorialized in a separate written agreement.Continue Reading Reminder to New York employers: Amendments to nondisclosure rules will require updates to separation and settlement agreements