Key Takeaways:

• New York codifies employer requirement to notify employees of unemployment benefit rights

• New York extends statute of limitations to file employment discrimination claims with the New York Division of Human Rights

• New York amends penal law to increase penalties for employee-wage theft

New York Codifies Employer Requirement to Notify Employees of Unemployment Benefit Rights

Gov. Hochul signed S4878A/A298. The law amends New York Labor Law Section 590 by adding a section that requires employers provide notice to employees that they may be eligible for unemployment benefits whenever the employee’s scheduled hours are reduced or the employee’s employment is terminated. Such notice must include the employer’s name and registration number and a contact address for the employer.

New York State has since released FAQs about the amended law. Employers should review their employment processes to ensure employees receive this notice when required.

New York Extends Statute of Limitations to File Employment Discrimination Claims with the New York Division of Human Right

Gov. Hochul signed S3255/A501. In 2019 the legislature amended the law to increase the statute of limitations to file a claim with the New York State Division of Human Rights from one to three years for unlawful discriminatory practices that constitute sexual harassment in employment.

The law amends New York Executive Law Section 297 to extend the statute of limitations for filing complaints about any alleged unlawful discriminatory practices to the New York State Division of Human Rights from one year to three years, consistent with the current statute of limitations for administration complaints alleging sexual harassment in employment.

The new statute of limitations will take effect in February 2024 and apply to claims arising on, or after, the effective date.

New York Amends Penal Law to Increase Penalties for Employee Wage Theft

Gov. Hochul signed S2832A/A154. The law amends the penal law to add wage theft to the types of activities included in the crime of larceny.

Specifically, it defines wage theft as the following:

A person obtains property by wage theft when he agrees to hire a person to perform services and the person performs such services and the defendant withholds such wages from said person. In a prosecution for wage theft, for the purposes of venue, it is permissible to aggregate all takings from one person from one defendant, into one larceny count, even if the takings occurred in multiple counties. It is also permissible to aggregate takings from a workforce into one larceny count.

The purpose of the law is to allow prosecutors to seek stronger penalties against employers who steal wages from workers. Employers should regularly conduct wage and hour audits to ensure they are in compliance with the various wage and hour laws at the state and federal levels.

For more information or immediate guidance, contact:

• Christopher P. Maugans
• Scott R. Green
• Caroline J. Berdzik
• Or another member of the Employment and Labor practice

Refer to part 1 of this four part alert series here.

Refer to part 2 of this four part alert series here.

Refer to part 3 of this four part alert series here.