New York Enacts Slate of New Employment Laws

Author: Emily Scace, Brightmine Legal Editor

January 6, 2023

New York Gov. Kathy Hochul recently signed a number of new laws affecting employers. From expanded lactation accommodation requirements to new protected classes under the state's discrimination laws, New York businesses will face a number of new compliance requirements this year.

Pay Transparency

Beginning September 17, 2023, employers with four or more employees will be required to include a pay range and job description in both internal and external job postings. The move comes on the heels of a similar New York City law that took effect in November 2022.

Lactation Accommodation

While employers in the Empire State were already required to provide reasonable break times and space for lactating employees to pump breast milk, a law signed December 9 goes further. Beginning June 7, 2023, employers must provide convenient, private pumping spaces in the workplace that include seating, access to running water, electricity and a working space.

Immigration and Citizenship Discrimination

On December 23, Governor Hochul signed a law that adds citizenship or immigration status as a protected characteristic under New York's discrimination laws. Citizenship or immigration status is defined as the citizenship of any person or the immigration status of any person who is not a US citizen. However, employers are not prohibited from verifying the citizenship or immigration status of applicants and employees where required to do so by law. The new protections took effect immediately upon signing.

Warehouse Worker Protection

Effective February 19, 2023, the Warehouse Worker Protection Act implements protections against unreasonable work quotas for employees at warehouse distribution centers. California passed a similar law in 2021. Among other requirements, the law:

  • Requires employers to provide a written description of any quota an employee is subject to, and the consequences for failing to meet the quota, upon hire and any time the quota changes;
  • Prohibits employers from requiring employees to meet quotas that interfere with meal or rest periods or the use of bathroom facilities;
  • Requires employers that monitor work speed data or use work quotas to maintain records of employee work speed data;
  • Requires covered employers to provide employees with their personal work speed data upon request; and
  • Prohibits an employer from retaliating against employees for exercising their rights under the Act.

Electronic Notices

Effective upon its signing on December 16, 2022, any mandatory notice or document that must be physically posted at a worksite under state or federal law must also be made available electronically. Employers must inform employees of the electronic availability of these documents.