As employers in New York adapt to a shifting regulatory environment, it’s crucial to stay informed about recent and upcoming changes to employment laws. Here is an overview of key legislation enacted in 2024 and what to expect in 2025.
Employment Laws Enacted in 2024
- Minimum Wage Increases. On January 1, 2024, the minimum wage increased to $16.00 per hour in New York City, Nassau, Suffolk, and Westchester counties and $15.00 per hour in the rest of the state. Additional increases of $0.50 per year are scheduled for January 1, 2025, and January 1, 2026 for New York State.
- Restrictions on Access to Personal Accounts/Social Media Privacy Law. Effective March 12, 2024, employers are prohibited from requiring employees or applicants to provide access to personal electronic accounts, including social media. Numerous exceptions exist for accounts related to the employer’s business or compliance with legal obligations. Publicly available information remains accessible for employers.
- Freelance Isn’t Free Act (FIFA). Effective May 20, 2024, the Freelance Isn’t Free Act requires the hiring of freelance workers to include written contracts, like independent contractors. A freelance worker is defined as a “natural person or organization composed of no more than one person, that is hired or retained as an independent contractor by a hiring party.” FIFA requires written contracts to include the rate, method, and time of payments among other things. This law, modeled after a similar New York City statute, excludes construction contractors, sales representatives, attorneys, and licensed medical professionals. Employers should evaluate their independent contractor (freelancer) relationships to ensure compliance.
- Paid Lactation Breaks. As of June 19, 2024, New York employees are entitled to 30 minutes of paid break time for the expression of breast milk. There is no limit on the number of breaks taken as long as they are reasonably necessary. Employers must provide a private, well-lit space near the employee’s work area, equipped with running water and a flat surface. The right to be paid for lactation breaks lasts up to three years following childbirth. Notice of this law is required to be provided at the time of hire and following childbirth. Discrimination or retaliation against employees exercising this right is prohibited.
- Worker’s Bill of Rights. On July 1, 2024, New York City employers must post in a conspicuous location on the premises and distribute to all current and new employees New York City’s Worker’s Bill of Rights poster (Know Your Rights at Work Poster). The poster must be displayed in all languages that are the primary language for at least 5% of the employer’s employees.
- Clean Slate Act. Starting November 16, 2024, the Clean Slate Act will automatically seal certain criminal convictions after specified time periods (three years after conviction or release from jail for a misdemeanor and eight years after conviction or release from prison for a felony – provided they have maintained a clean record, are no longer on probation, or parole). Some criminal charges, like murder or other Class A felonies, are ineligible to be sealed. Employers must still comply with existing laws like the Fair Credit Reporting Act and New York Corrections Law Article 23-A, which prohibit discrimination based on criminal history.
Employment Laws Coming in 2025
- Paid Prenatal Care Leave. Starting January 1, 2025, New York employers must provide pregnant employees with 20 hours of paid prenatal care leave within a running 52-week period, separate from other paid leave. The leave covers healthcare services like medical procedures, tests, and consultations during pregnancy for the pregnant individual only. Importantly, it is not an accrued benefit and must be available upon hire, used in hourly increments, and compensated at the regular rate of pay or minimum wage (whichever is higher). However, the law’s language provides little additional guidance, leaving some details unclear. Employers are prohibited from retaliating against employees using this leave. Unused leave is not payable upon termination.
- Minimum Wage Increases. On January 1, 2025, the minimum wage will increase to $16.50 per hour in New York City, Nassau, Suffolk, and Westchester counties and $15.50 per hour in the rest of the state. Additional increases of $0.50 per year are scheduled for January 1, 2026 for New York State.
- Overtime Exemption Salary Threshold Increases. On January 1, 2025, the salary thresholds to qualify for exemption from overtime for employees who work in an “executive” or “administrative” capacity and are paid a “salary” will increase to $1,200 per week ($62,400 per year) in New York City, Nassau, Suffolk, and Westchester counties and $1,124.20 per week ($58,458.40 per year) in the rest of the state. Additional increases are scheduled for January 1, 2026 for New York State.
- Retail Workers Safety Act. Effective June 2, 2025, retail employers with 10+ employees must implement workplace violence prevention policies. These must address risks like unauthorized access, lone workers (workers who work alone or in small groups), early/late shifts and include a violence reporting system, training on safety procedures, emergency drills, and de-escalation tactics. Employers with 50+ employees must train annually, while smaller businesses train every two years. By 2027, retailers with over 500 employees must provide workers with panic buttons for emergencies. Employers will receive assistance in putting together the required Workplace Violence Prevention Policy from the New York Department of Labor in the form of a model policy which will be released soon.
- COVID-19 Emergency Quarantine Sick Leave. The COVID-19 Paid Sick Leave law, first enacted in 2020, expires on July 31, 2025. This law requires employers to provide employees with paid sick leave in the event of a mandatory or precautionary COVID-19 order of quarantine that is separate and apart from other mandated sick and safe leave. Under the current law, employers may require additional documentation for multiple uses of this sick leave and should monitor CDC guidance for return-to-work protocols.
Best Practices. Private-sector employers should consult with employment counsel periodically to revisit their labor and employment policies to confirm that they comply with the current state and federal regulations.
Written by Deven Desai and Christen Santiago
