Overview
This is the first in a three-part series of alerts focused on what employers need to know about new laws that will be passed or will go into effect this summer in New York.
Effective July 1, 2024, all New York City employers must provide their employees with a copy of the New York City Worker Bill of Rights poster.
In Depth
WHICH EMPLOYERS ARE COVERED?
This applies to any employer with at least one employee who primarily works within New York City, regardless of whether the work is remote or in-person.
WHAT MUST BE INCLUDED IN THE POSTING?
The NYC Department of Consumer and Worker Protection (DCWP) requires employers to provide a copy of this poster, which includes a QR code that brings employees to the worker bill of rights.
The law requires that employers:
- Post the notice in an area accessible and visible to employees;
- Distribute a copy of the notice to each current employee electronically or physically;
- Provide the notice to all new employees on or before their first day of work; and
- Post the notice online or on a mobile application if such means are regularly used to communicate with employees.
The city has also published versions of the notice in Spanish, French, Korean and other languages. Employers are required to post all available versions that reflect the primary language(s) spoken by at least 5% of the workforce at a particular location.
WHAT ARE THE PENALTIES FOR FAILING TO COMPLY?
Employers who fail to comply with the requirements face civil penalties from the DCWP of up to $500 for a first violation, up to $750 for a second violation within a two-year period and up to $1,000 for subsequent violations within a two-year period. The statute is unclear on what counts as a single “violation.” That is, if an employer has one collective instance of failing to provide the notice to 10 employees, it is unclear whether this umbrella oversight constitutes a single violation or 10 distinct violations. In addition, DCWP can order compensatory damages or other relief required to make the employee or former employee “whole.”
WHAT’S NEXT?
Employers should take care to ensure that they provide their employees with the New York City Worker Bill of Rights by July 1.
Stay tuned for upcoming alerts on New York laws for freelance employees and mandated prenatal leave. If you have questions about the New York City Worker Bill of Rights or other New York employment laws going into effect this summer, please contact your regular McDermott lawyer or Abigail M. Kagan.
Emily Julve contributed to the development of this On the Subject.
