The following is a summary of some of the key employment laws going into effect in 2025.

MINIMUM WAGE

Effective January 1, 2025:

  • the minimum wage for upstate New York is $15.50 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 upstate New York State is $15.50 per hour. The minimum wage for New York City and Westchester, Suffolk and Nassau Counties is higher.
  • The minimum cash wage for tipped food service employees in upstate New York is $10.35 per hour, with a tip credit of $5.15 per hour. The minimum cash wage and tip credit for New York City and Westchester, Suffolk and Nassau Counties are higher.
  • The minimum wage for home care aids in upstate New York is $18.10 per hour. The minimum wage for New York City and Westchester, Suffolk and Nassau Counties is higher.

MINIMUM SALARY FOR EXEMPT EMPLOYEES

Effective January 1, 2025, the minimum salary for exempt executive and administrative employees in upstate New York is $1,161.65 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, which remains at $684.00 per week.

PRENATAL CARE LEAVE

Effective January 1, 2025, employers must provide 20 hours of paid prenatal leave for the mother during any 52-week period. This benefit is available as soon as the employee begins working and may be used in hourly increments. It may be used for medical appointments, monitoring and testing. This is in addition to leave which may be available under Paid Family Leave and Paid Sick Leave.
 
STATE LACTATION LAW

New York’s State Lactation Law took effect in 2024. This law requires employers to provide up to 30 minutes per day of paid break time to express breast milk during three years following the birth of a child. Employers must provide a private room or location (not a rest room or stall) for breast milk expression.

CLEAN SLATE ACT

This law, which took effect in 2024, requires that most state law violation, misdemeanor and felony convictions will be sealed after specified periods and will not be available for most background checks. This does not apply to sex crime, murder and kidnapping convictions. Employers who are required to fingerprint applicants will still have access to the sealed records.

RETAIL SAFETY ACT

Effective March 3, 2025, retail employers with 10 or more employees must adopt a workplace violence prevention policy and provide workplace violence prevention training. Effective January 1, 2027, retail employers with at least 500 employees nationwide must provide access to “panic buttons” used to notify law enforcement.

WORKERS COMPNSATION STRESS BENEFIT

Effective January 1, 2025, workers compensation benefits will be available to employees who experience “extraordinary” work-related stress. This benefit was previously available only to first responders, such as police officers and fire fighters.

ANTI-DISCRIMINATION CONSTITUTIONAL AMENDMENT

In November 2024, New York voters approved an amendment to the New York Constitution which prohibits discrimination based on ethnicity, national origin, age, disability, sex, (including sexual orientation), gender identity and pregnancy. These categories are already protected by the New York Human Rights Law, but they are now protected by the New York Constitution as well.

FREELANCE ISN’T FREE ACT

The Freelance Isn’t Free Act took effect in 2024. This law provides new legal protections for independent contractors. It requires a written contract for projects having a value of $800 or more, which must include the following:

  • Names and mailing addresses of the parties
  • Itemization of the services to be provided
  • Rate and method of compensation
  • Date by which the compensation will be paid, or an explanation of how that date will be determined. If no date is specified, payment is due no later than 30 days after services are completed.
  • The date by which the independent contractor must submit a list of the services provided.

An independent contractor who isn’t paid in full can commence a legal action. If successful, the independent contractor can recover twice what is owed, plus attorney’s fees.

SOCIAL MEDIA PROTECTION

A law which took effect in 2024 prohibits employers from requiring employees to disclose names and passwords of their personal social media accounts, or to access an account in the presence of the employer.

PAID FAMILY LEAVE

The following changes in the NYS Paid Family Leave Law took effect January 1, 2025:

  • Employees taking Paid Family Leave will receive 67% of their average weekly wage, with an increased maximum weekly benefit of $1,177.32. 
  • An employee’s maximum annual contribution has been increased to $354.53.
  • The paid leave period is still 12 weeks per year. 

COVID LEAVE

The requirement to provide paid or unpaid COVID sick leave to employees ends on July 31, 2025. Employees may still use Paid Sick Leave for COVID-related absences.

HUMAN RIGHTS LAW STATUTE OF LIMITATIONS

On February 15, 2025, the statute of limitations for filing all administrative claims with the NYS Division of Human Rights increases from one year to three years. The time for sexual harassment claims was previously increased to three years, and this now applies to all claims. The statute of limitations for filing a court action under the Human Rights Law remains at three years.

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.

Colligan Law is always prepared to assist you in complying with these and the many other laws which apply to employers.
 

Attorney Advertising