2022 Brings New Employment Laws for the State

The New Year brings many new laws affecting employers and employees in New York City and the state.

Some of the most notable New York State law updates, changes, or extensions for 2022 include:

Minimum Wage and Exempt Salary Threshold Increases

The New Year brings an increase in the statewide minimum wage. Workers will now earn at least $13.20 per hour. The minimum wage in Nassau, Suffolk, and Westchester increased to $15.00 per hour, which has been the minimum in New York City since 2019.

Additionally, there were increases in exempt employee thresholds.

Exempt workers in the three counties listed above must earn at least $1125 per week. Employees throughout the remainder of the state must earn at least $990 per week.

COVID-19 Vaccination Leave Continues in 2022

The requirement for New York employers to provide four hours of paid leave to employees to get their COVID-19 vaccine will extend into the New Year.

Sick Leave Rules Adopted

Employees are allowed to use sick leave for a variety of reasons, including:

• Physical illness
• Injury
• Mental illness
• Side effects of Covid-19 vaccines

The amount of sick leave allowed under the law and whether it is paid or unpaid varies based on the number of employees in the company and net earnings. The law requires employers count their employees nationwide and not just in the state when determining their obligations.

Additionally, in COVID news, the statewide order requiring masks to be worn in most indoor spaces remains in effect until at least February 1, 2022.

Paid Family Leave

The New York State Workers’ Compensation Board adopted amendments under the New York Paid Family Leave Benefits Law.

According to the amendment, when leave is taken intermittently, the maximum number of intermittent leave days an employee may take is based on the average number of days the employee works per week. This removes the 60-day cap and allows for more days for employees working an average of more than five days a week.

Whisteblower Protections Extended

Coverage for workers with claims of retaliation for reporting potential wrongdoing increases at the end of January 2022. The protection now extends beyond health care fraud and the reporting of health or safety concerns.

Electronic Monitoring

Beginning in May 2022, New York State employers must provide notice to new employees about electronic monitoring of:

• Telephone calls
• Emails
• Internet usage
• Any electronic device or system

Employers must notify current employees about monitoring practices via a posting in a conspicuous notice.

Some of the most notable New York City law updates, extensions, or changes for 2022 include:

Paid COVID-19 Child Vaccine Leave

Retroactive to November 2021, employees are eligible for up to four hours of paid leave to take their child to get the COVID-19 vaccine or to provide care to a child experiencing side effects due to the vaccination.

Private Employer Mandate

New York City employers must exclude all unvaccinated employees from workplaces in New York City. Employees in the workplace must be up-to-date with vaccine requirements or request an accommodation based on religion or disability.

Salary Listings in Job Postings

Most employers must include the minimum and maximum salaries for listings for open positions. This law goes into effect in April 2022.

If you have questions about any of these laws or you have a concern about practices in the workplace, we can help. Contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.