Recently, both New York State and New York City have promulgated new laws that expand the rights of employees. These laws are discussed in further detail in the PDF linked above. Below are our key takeaways regarding each of these new laws.

Key Takeaways

  • New York State employers should update their sexual harassment policies and training materials to reflect changes to New York State's model sexual harassment policy.
  • New York City employers, if utilizing Automated Employment Decision Tools ("AEDT"), should ensure that the AEDT is audited for bias annually; that they publish a public summary of the audit; and that they provide certain notices to applicants and employees who are subject to screening by the AEDT.
  • New York State employers should ensure all physical postings are also available electronically for their employees.
  • The New York State Human Rights Law has been expanded to protect covered employees from being discriminated against on the basis of their citizenship and immigration status.
  • New York State, like New York City, has adopted a Pay Transparency Law. The State's Pay Transparency Law requires employers to not only disclose a range of compensation, but also a job description if one exists, in advertisements for jobs, promotions, or other transfer opportunities.
  • New York State employers should ensure that their written policies concerning the rights of nursing employees is updated.
  • The list of family members for whom eligible employees can take New York State Paid Family Leave to care for has been expanded.
  • The National Labor Relations Board has issued a decision that severely limits the inclusion of overly broad confidentiality and non-disparagement provisions in severance agreements.

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