Labor & Employment Law

New York Law Changes for the New Year

Governor Spitzer's first year in office has been filled with legislative changes in the employment arena.  In addition to my previous posts on:

New Requirements for Written Agreements for Sales Professionals
Rights for New Nursing Mothers to Express Breast Milk in the Workplace, and
New York Workers' Compensation Reform

...there has been a slew of other legislative changes that you should be aware of:

• Mandatory Time Off for Donating Blood – Section 202-j of the NYS Labor Law has been amended to require time off of three hours in a twelve month period for donating blood. The law applies to employs with 20 or more employees and went into effect December 13, 2007.

• The Social Security Number Protection Law went into effect January 1, 2008 to govern how employers record and display employee social security numbers (SSN's). The law not only restricts the use of the SSN but also any number which is derived from the SSN. It prohibits:
  • Communicating the SSN to the general public
  • Displaying the SSN on an ID card
  • Requiring that the employee transmit the SSN over an unencrypted connection
  • Sending the SSN to the employee through the mail unless required to do so by law.

• The Human Rights Law was amended, effective, November 1, 2007, to prohibit adverse action against those who have been subject to a Youthful Offender Adjudication or for a conviction that has been sealed under the Criminal Procedure Law. The does not affect employer rights with respect to job-related convictions and pending arrests.

• Section 190(7) of the NYS Labor Law has been amended, effective January 14, 2008 with regard to the exclusion of certain bona fide executive, administrative or professional employees who are exempt from certain wage payment laws. Previously the threshold weekly salary was $600 per week. On January 14, the salary goes up to $900/week.

• Lastly, there are new civil penalties, upwards of $3,000 per violation, for violations of state rest and meal period requirements.

Full post as published by Strategic HR Lawyer on January 02, 2008 (boomark / email).