Each year our labor and employment team at Colligan Law puts together a summary of important labor law updates heading into 2023. Here is what you need to know:
1. MINIMUM WAGE
Effective December 31, 2022, the minimum wage for upstate New York is $14.20 per hour for most workers. The minimum wage for New York City and Westchester, Suffolk and Nassau Counties is higher.
The minimum wage for fast food workers in all of New York State remains at $15.00 per hour.
Effective December 31, 2022, the minimum cash wage for tipped food service employees in upstate New York is $9.45 per hour, with a tip credit of $4.75 per hour. The minimum cash wage and tip credit for New York City and Westchester, Suffolk and Nassau Counties are higher.
Effective December 31, 2022, the minimum wage for home care aids in upstate New York is $16.20 per hour. The minimum wage for New York City and Westchester, Suffolk and Nassau Counties is higher.
2. MINIMUM SALARY FOR EXEMPT EMPLOYEES
Effective December 31, 2022, the minimum salary for exempt executive and administrative employees in upstate New York is $1,064.25 per week. The minimum exempt salary for New York City and Westchester, Suffolk and Nassau Counties is higher. New York does not have a minimum salary for exempt professional employees, and follows the Federal minimum of $684.00 per week.
3. PAID FAMILY LEAVE
The following changes in the NYS Paid Family Leave Law take effect January 1, 2023.
- Employees taking Paid Family Leave will receive 67% of their average weekly wage, with a maximum weekly benefit of $1,131.08.
- The employee contribution rate has been reduced to 0.455% of an employee’s gross wages each pay period. An employee’s maximum annual contribution has been reduced to $399.43.
- The definition of “family member” has been expanded to include biological siblings, adopted siblings, half-siblings, and step siblings. This is broader than the definition of “family member” under the Family Medical Leave Act.
- The paid leave period is still 12 weeks per year.
4. DIGITAL POSTING REQUIREMENT
Effective December 16, 2022, all postings required under the New York Labor Law or any Federal law must also be made available to employees in digital format through the employer’s web site or by email. This is in addition to the requirement of physical posting in the workplace. The law does not explain how this will be applied to employers who do not have web sites or employees who do not have email.
5. PROTECTED ABSENCES
Beginning February 20, 2023, employers are prohibited from taking any disciplinary action against employees for using any leave which is protected under federal, state or local law. This includes Federal FMLA leave, and New York paid family leave, sick leave, domestic violence leave, jury duty leave and voting leave. This may present special concerns for employers who have a “no fault” attendance policy.
6. NURSING MOTHERS
New York already requires that employers provide unpaid time at least once every three hours to permit employees to pump breast milk. Effective June 7, 2023, upon an employee’s request an employer must designate a location for this, with some specific requirements.
7. GUNS IN THE WORKPLACE
Effective September 1, 2022, possession of a firearm in the workplace is a criminal offense, unless an employer expressly consents to carrying weapons in its premises.
8. SEXUAL HARASSMENT HOTLINE
Effective July 14, 2022, employers are required to provide information about the NYS Division of Human Rights sexual harassment hotline in their sexual harassment prevention policy.
9. WAGE TRANSPARENCY LAW
Effective September 17, 2023, all job advertisements and promotion/ transfer postings must include the compensation range and job description (if one exists). If the compensation includes commissions, this must also be disclosed. This law applies to all jobs that will be performed, at least in part, in New York State.
10. COVID VACCINATION LEAVE LAW
The law requiring that all New York private and public sector employers provide up to 4 hours of leave for employees to receive each dose of Covid vaccine and boosters has been extended to December 31, 2023. Employees can also use NYS Paid Sick Leave to recover from the side effects of vaccination.
11. SICK LEAVE LAW
New York’s Sick Leave Law, which took effect at the beginning of 2021, is unchanged. This law requires that every private sector and non-profit employer in New York, regardless of size, must provide leave to every part time and full-time employee. The amount of leave, and whether it is paid or unpaid, depends on the size of the employer.