[co-author: Chelsea Desruisseaux]

In December 2023, New York City’s Mayor signed into law a new section of the New York City Administrative Code (Local Law 161, §32-102) that requires the Department of Consumer and Worker Protection (DCWP), in conjunction with other city agencies and organizations, to create a Workers’ Bill of Rights by March 1, 2024. The goal of the Worker’s Bill of Rights, according to the DCWP press release, is to ensure workplace protections for New Yorkers, and especially newly-arrived immigrants, by educating them about their rights and protections under federal, state, and local laws.

The DCWP has published on its website the Workers’ Bill of Rights, which provides summary overviews and links to government resources concerning various employment laws. It also created a multilingual “Your Rights at Work” poster that contains a QR Code linked to the online publication.

Importantly, by July 1, 2024, Local Law 161 requires all employers in New York City to provide the Workers’ Bill of Rights to employees and post it in a visible and accessible location in the workplace. Displaying the “Your Rights at Work” poster will satisfy the posting requirement. Employers are also required to publish the information online, on the company’s intranet, or on mobile applications if such communication channels are used in the workplace. Additionally, employers must provide the information to employees upon hiring.

Local Law 161 will be enforced based on employee complaints. Given that the law empowers the DCWP to enforce the statute, there does not appear to be a private right of action for a violation. For the first violation, the DCWP commissioner will issue a warning and give the employer 30 days to correct the violation. Otherwise, employers can be liable for a civil penalty of $500.