Joyful Holidays, New York Employers! Vital Employment Legislation Updates For December 2022 – Worker Rights/ Labour Relations


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Seyfarth Synopsis: In December
2022, New York’s Governor signed a number of items of laws
impacting New York employers, most notably legal guidelines regulating
lactation lodging within the office and the digital posting
and issuance of necessary office posters.

Beneath is a short overview of those two new legal guidelines which employers
should instantly evaluate and take into account plans for implementation.

Digital Office Postings

Responding to the prevalence of distant work stemming from the
COVID-19 pandemic, Governor Hochul signed New York’s new digital postings regulation on
December 16, 2022 requiring that employers electronically make
out there to staff copies of paperwork that the regulation already
requires employers bodily publish within the office. The regulation
specifies that digital variations of those posters may be made
out there via the employer’s web site or issued through electronic mail.
Employers additionally should present discover to their staff that
paperwork required for bodily posting are additionally out there
electronically.

This regulation went into impact instantly upon signing on
December 16, 2022
.

Lactation Lodging

Signed by Governor Hochul on December 9, 2022, and scheduled to
take impact on June 7, 2023, New York’s lactation lodging regulation
amends New York’s Labor Legislation, part 206-c to require employers
to designate a room or location to permit staff to pump breast
milk. This New York State regulation mirrors the New York Metropolis model in some ways.

Particularly, the regulation requires that the designated pumping
location be: (1) in shut proximity to the work space; (2) properly lit;
(3) shielded from view; and (4) free from intrusion from different
individuals within the office or public. Furthermore, the designated
location should additionally embody, at a minimal: (i) a chair, (ii) a small
desk, (iii) close by entry to operating water, and (iv) {an electrical}
outlet, if the office is provided with electrical energy. An employer
can qualify for an exemption if the employer can display undue
hardship primarily based on the scale, monetary sources, and nature of its
enterprise.

Below the brand new regulation, the Division of Labor should develop a mannequin
written coverage relating to the rights of nursing moms to precise
breast milk at work pursuant to the brand new regulation earlier than the June 7, 2023
efficient date. Employers will then be required to undertake the DOL
coverage and distribute the coverage to (1) all staff upon rent,
(2) staff returning to work following the beginning of a kid, and
(3) yearly to all present staff.

Lastly, employers are prohibited from retaliating in opposition to
staff who train their rights below this regulation.

Seyfarth will proceed to observe developments in these areas
and supply updates when out there.

The content material of this text is meant to offer a normal
information to the subject material. Specialist recommendation ought to be sought
about your particular circumstances.

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As we head into a brand new yr, it’s important for employers to pay attention to and plan for developments in varied areas of employment regulation which have lately taken impact or will take impact in 2023.

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