January 5, 2023
New York employers will be subject to several new employment laws in 2023. Below is a summary of three new laws that New York employers should review and prepare for now.
Electronic Posting Law, Effective December 16, 2022
This new law requires New York employers to electronically make available to employees those documents that New York law already requires employers to physically post in the workplace. Such documents can be posted on a website or delivered to employees by email.
Lactation Accommodation Law, Effective June 7, 2023
New York’s lactation accommodation law amends New York’s Labor Law to require all employers to designate a room or location, other than a restroom, to allow employees to pump breast milk.
The new law requires that the designated pumping location be: (1) in close proximity to the work area; (2) well lit; (3) shielded from view; and (4) free from intrusion from other persons in the workplace or public. The designated location must also include, at a minimum: (i) a chair, (ii) a small table, (iii) nearby access to running water, and (iv) an electrical outlet, if the workplace is supplied with electricity. An employer can qualify for an exemption from this new law if the employer can demonstrate undue hardship based on the size, financial resources, and the nature of its business.
The new law also requires employers to adopt a lactation accommodation policy. It is expected that the New York Department of Labor will publish a model policy by June 7, 2023. Employers will then be required to adopt a policy and distribute the policy to (1) all employees upon hire, (2) employees returning to work following the birth of a child, and (3) annually to all current employees. Pro Bono Partnership will update this legal alert on its website when the model policy is published.
Statewide Wage Transparency Law, Effective September 17, 2023
New York has implemented a new law that requires employers that advertise a job, promotion, or transfer opportunity to include: (1) the compensation or a range of compensation for such job, promotion, or transfer opportunity; and (2) the job description for such job, promotion, or transfer opportunity, if such description exists, in the job posting. “Range of compensation” is defined as the minimum and maximum annual salary or hourly range of compensation for a job, promotion, or transfer opportunity that the employer in good faith believes to be accurate at the time of the posting of an advertisement for such opportunity. For roles paid solely on commission, an employer will be in compliance if it discloses in writing a general statement that compensation shall be based on commission. New York City and Westchester County, New York already have similar laws in effect.
The new law also contains a non-retaliation provision, and new record keeping requirements. Employers must keep and maintain records including, but not limited to, the history of compensation ranges for each job, promotion, or transfer opportunity and the job descriptions for such positions, if descriptions exist.
What Should Nonprofit Employers Do Now?
- Electronically post or email all required legal postings as soon as possible;
- Consider how your organization will comply with the new lactation accommodation law, and prepare a lactation room/location on or before June 7;
- Implement the New York Department of Labor’s model lactation accommodation policy;
- Update all job postings and record retention policies for compliance with the new wage transparency law; and
- Train managers and HR staff on the new laws.
Please contact the White Plains Office of Pro Bono Partnership at 914-328-0674 if you have questions.
This document is provided as a general informational service to volunteers, clients, and friends of Pro Bono Partnership. It should not be construed as, and does not constitute, legal advice on any specific matter, nor does distribution of this document create an attorney-client relationship.
Updated 6/20/23 to add model lactation policy link.