Spring has sprung in the tri-state area, bringing with it warmer weather, fewer Covid-19 restrictions, and a handful of new legal updates. Here are the top things employers need to know:
NEW YORK
Electronic Monitoring Notification
Beginning May 7, 2022, employers in New York State are required to notify employees at the time of hire that the employer may monitor telephone calls, emails, and internet usage.
Employers will need to:
- Obtain acknowledgement of the notice from new employees.
- Post a conspicuous notice about the electronic monitoring.
The New York State Attorney General’s Office has been tasked with enforcement and can assess penalties for non-compliance.
Additional Harassment and Discrimination Protections
Recent legislation in New York added additional discrimination and retaliation protections for employees. The State Division of Human Rights is required to establish a toll-free, confidential hotline for complaints of workplace sexual harassment.
- The hotline will be staffed by pro bono attorneys experienced in sexual harassment matters.
- Additional guidance about workplace posting and notice requirements of the new hotline will be released in the future by the Department of Labor and Division of Human Rights.
Lawmakers expanded existing anti-retaliation prohibitions in the state’s Human Rights Law. Employers are prohibited from releasing an employee’s personnel file in retaliation for an employee:
- Disclosing discriminatory practices.
- Participating in an investigation.
- Filing a complaint.
NYC Salary Range Disclosure Requirements
On April 28, 2022, the New York City Council approved an amendment to its pay transparency law. Beginning on November 1, 2022, employers in New York City will need to include a good-faith pay range for every job, promotion, or transfer opportunity they advertise, whether such advertisement is internal or external.
This law applies to:
- All employers of four or more employees in New York City.
- All opportunities for work which will be performed in whole or in part in any of the five boroughs – including from home.
The City Commission on Human Rights will investigate complaints and has authority to investigate postings on its own accord. Violations of this requirement can result in significant penalties to employers.
NEW JERSEY
Cannabis Legalization
On April 21, 2022, recreational sales of cannabis began in the Garden State.
Provisions of the law incorporate the following:
- Employers are prohibited from taking adverse employment action against an individual based on their use (or non-use) of recreational cannabis, including during the hiring process.
- Employers can maintain existing drug and alcohol-free workplace policies that prohibit the use, possession, or being under the influence of drugs or alcohol in the workplace and during working hours.
- Employers who use drug screenings for prospective or current employees must meet certain requirements before taking action on those screening results.
We are here to help. If you have questions about compliance with these new requirements, or any other employment related issue, please contact a member of the HDRB&B Employment Group: Heather Adelman or Maralee Sanders.
