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Doing business in New York? What You Need to Know…

WRITTEN BY KATIE TANSEY

Above and beyond federal law, New York State (NYS), perhaps rivaled only by the state of California, makes compliance with state law nearly a full-time job. Compliance requirements span from Safety and the Environment to Employment and Corporate Taxes, and everything in between.

While we are not here to debate the “value vs. burden” equation of state laws on employers, we are here to shed light on just 3 of the upcoming changes to New York State (excluding New York City) Employment specific regulations (in some cases laws) you may not yet be hip to.

Speaking of frequently changing regulation, this article will not attempt to cover the NY COVID-19 related guidance, regulations, laws or the complexities associated with them.

NEW MANDATORY ELECTRONIC WORKPLACE POSTINGS 

The New York State legislature passed a bill in April 2022 requiring employers to make mandatory workplace postings electronically available for their employees. Although the bill is yet to be signed by Gov. Kathy Hochul, it is expected to be effective immediately upon execution.

NYS Labor Law Section 201 currently mandates that New York employers post certain legal notices provided by the commissioner of labor in a conspicuous place on each floor of the workplace. However, The electronic posting requirement will apply to all documents required to be posted at a worksite under state and federal law or regulation, not just under the labor law.

ALL NEW YORK EMPLOYERS MUST SOON:

1. Compile or make digital copies of these postings and upload them to their company intranet. If the company does not have an internal website, it should draft an e-mail with the postings attached for dissemination to employees.

2. Regardless of the method used to share these digital copies (intranet or e-mail), the employer must also provide employees with notice that the documents are available electronically.

3. Employers are also encouraged to update internal job descriptions, work instructions, handbooks, etc. to help ensure continued management of, and compliance with this new electronic posting and notification requirement in the years to follow as both required postings and their employee base change.

NYS EMPLOYERS MUST SOON ENROLL EMPLOYEES IN RETIREMENT PLANS

In October 2021, Gov. Kathy Hochul signed into law a requirement for private employers to automatically enroll all employees in the state-run retirement savings program.

Although it is unclear when the state-run program will open for enrollment, employers that do not already sponsor their own retirement plans will soon be required to automatically enroll employees in New York’s state-run savings plan.

Employer participation in the program is mandatory for both nonprofit and for-profit employers operating:

1. In the state of New York for more than 2-years

2. With 10 or more employees (full and/or part-time) in New York State

3. Without already offering those employees a qualified retirement plan

NYS MINIMUM WAGE CHANGES

A recent proposal in the NY Senate (bill S3062C) & Assembly (bill A7503B) will tie the NYS minimum wage to the combination of the consumer price index (CPI) and a measure of labor productivity.  The proposed change is thought to lift minimum wage for 2 million New York workers, to between $16.35 and $21.25 by 2026.

In support of this proposal, NYS has designated three different regions of the state: New York City, the suburban counties of Nassau, Suffolk, and Westchester, and the remainder of upstate New York. Under current projections for inflation and labor productivity increases are expected as follows:

  • New York City’s minimum wage would rise from $15 to $21.25
  • Nassau, Suffolk, and Westchester counties’ minimum wage would rise from $15.00 to $18.65
  • Upstate New York would rise from $13.20 to $16.35

All information provided above is believed to be current at the time this article was submitted for publication. However NYS Employment Regulation/Laws frequently change and before taking any action you are encouraged to seek timely, professional support and/or identify, and operate in accordance with, the NYS source documentation.

HR Resolved, Inc. (HRr) www.HRresolved.com - For the last nearly 10-years HRr has been helping lead business just like yours through complex change with its remarkable ability to tailor decades of past startup and Fortune 200 successes into happier, more aligned employees, performing where and how they are needed, driving profit into your business.