What NYC employers need to do by July 1, 2024

By July 1, 2024, employers in New York City are required to post and provide their employees with a "Workers' Bill of Rights," which has now been issued by the Department of Consumer and Worker Protection ("DCWP"). DCWP also issued a multilingual "Your Rights at Work" poster, which contains a QR code that links to the Workers' Bill of Rights on the City's website.

As we previously reported here, the Workers' Bill of Rights is meant to serve as a comprehensive document detailing the rights and protections under relevant federal, state, and local law that apply to employees, prospective employees, or independent contractors in New York City. As currently published, the Workers' Bill of Rights contains guidance regarding:

(i) paid sick and safe leave;

(ii) temporary schedule changes;

(iii) fast food worker rights;

(iv) retail and utility safety worker rights;

(v) food delivery worker rights;

(vi) freelance worker rights;

(vii) commuter benefits;

(viii) grocery worker rights;

(ix) minimum wage and hour rights;

(x) prevailing wages;

(xi) paid family leave;

(xii) the Family and Medical Leave Act;

(xiii) workers' compensation and disability benefits;

(xiv) forced labor/human trafficking;

(xv) safe and healthy workplace;

(xvi) discrimination-free workplace;

(xvii) right to organize;

(xviii) unemployment benefits;

(xix) health insurance;

(xx) correct worker classification; and

(xxi) job applicant rights, including pay transparency, salary history ban, rights when using an employment agency and automated employment decision tools.

Employer Obligations

Employers are required to:

1. Post the "Your Rights at Work" poster where employees can easily see it by July 1, 2024. Employers must also post it to their intranet or mobile app if they offer one to employees;
2. Provide a copy of the "Your Rights at Work" poster to each current employee by July 1, 2024; and
3. Provide a copy of the "Your Rights at Work" poster on or before an employee's first day of work starting after July 1, 2024.

Penalties for Noncompliance and Enforcement

Employers who fail to comply with their obligations to post or distribute the "Your Rights at Work" poster could face a civil penalty of $500 for each violation. However, for a first violation, the Commissioner of DCWP will issue a warning and request corrective action within 30 days. Notably, enforcement will be complaint-based and, starting July 1, 2024, employees can file a complaint online if their employer does not make the "Your Rights at Work" poster available. In addition, DCWP, the Mayor's Office of Immigrant Affairs, and the New York City Commission on Human Rights are required under the new law to conduct outreach to workers to raise awareness about the Workers' Bill of Rights.

Next Steps

New York City employers are advised to familiarize themselves with the new law and its requirements and to prepare to post and distribute the "Your Rights at Work" poster by July 1, 2024.

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