2021 Updates to New York Labor and Employment Law

Minimum Wage Increase for Nassau, Suffolk, Westchester, and the Remainder of New York State

On December 31, 2020, the New York State minimum wage increased, except in New York City, where it remains $15.00 per hour for all size businesses.  In Nassau, Suffolk and Westchester counties, the minimum wage increased from $13.00 per hour to $14.00 per hour.  As for the remainder of New York State, the minimum wage increased from $11.80 per hour to $12.50 per hour.

Additionally, on December 31, 2020, the New York State minimum wage increased for fast food employees outside of New York City from $13.75 per hour to $14.50 per hour.  This rate is set to increase later this year, on July 1, 2021, to $15.00 per hour.

Amendments to the New York State Paid Family Leave

Effective January 1, 2021, all New York State employers are required to increase the amount of Paid Family Leave provided to their employees from 10 to 12 weeks.  This leave applies to all New York employers, regardless of size.  Eligible employees may take leave to bond with newborn, adopted, or fostered children; care for family members with a serious health condition; or assist loved ones when a family member is deployed abroad on active military service.  Employees may also be eligible to use PFL if a worker or a minor dependent child are under an order of quarantine or isolation due to COVID-19.  Full-time employees (who have worked 26 consecutive weeks) and part-time employees (who work less than 20 hours per week and have worked a total of 175 days) are eligible for the leave.

Furthermore, New York Paid Family Leave is insurance that may be funded by employees through payroll deductions.  In 2021, employees contribute a maximum of 0.511% of an employee’s gross wages per pay period.  In 2021, eligible employees will receive 67% of their weekly average, up to a cap of 67% of the current Statewide Average Weekly Wage of $1,450.17.  Therefore, the maximum weekly benefit in 2021 for eligible employees is $971.61.  As an employee funded program, an employee earning $519.00 a week will pay about $2.65 per.  If that same employee takes the benefit, this employee will receive $347.73 per week, up to a maximum total benefit of $4,172.76.

New York Earned Safe and Sick Time Act

Effective January 1, 2021, employers with 100 or more employees must increase paid leave from 40 to 56 hours annually.  Employees accrue one hour of leave for every 30 hours worked.  In addition, employers with fewer than five employees and a net income of $1 million or more must now provide paid leave.  Previously, these employers were not required to provide paid leave.