New labor laws in effect and on the horizon

A number of new labor laws and changes have either gone into effect or take effect soon, which means businesses need to make sure they are prepared to comply, according to a couple local labor-law experts. Two of the bigger changes involve employees that are pregnant or nursing, according to Dawn Lanouette, chair of the labor and employment practice group at Hinman, Howard & Kattell, LLP in Binghamton. The first new addition is 20 hours of paid leave related to pregnancy and childbirth that is separate from the regular sick leave bank, she says. The law goes into effect Jan. 1. “The employee is not going to have to have worked for any period of time to be eligible for this,” Lanouette adds. “This is part of New York state’s efforts to encourage women back to the workplace.”

The change for nursing mothers already went into effect on June 19, notes Michael Sciotti, a labor and employment attorney with Barclay Damon LLP in Syracuse. While breaks to allow a nursing mother to express breast milk were already provided for, this new change makes those breaks paid, he says. An important thing to note about both changes, Lanouette says, “they apply to all employers regardless of size.” The state’s Clean Slate Law goes into effect on Nov. 16, Sciotti says. The law provides provisions for certain felony convictions to be sealed, meaning potential employees don’t have to disclose them when applying for a job. “This one is scaring employers,” he says, adding employers have expressed fear of not knowing an applicant’s full background when making hiring decisions. The law automatically seals certain criminal records three years after conviction or release from jail for misdemeanors and eight years after felonies if the person has maintained a clean record and completed their probation or parole. Those with pending criminal charges, who are required to register as a sex offender, who received a life sentence, or has been convicted of a class A felony are ineligible to have their records sealed. Sciotti says while he understands concerns employers may have, the provisions in place prevent those convicted of serious crimes from having their records sealed. The law also only applies to New York State convictions, not federal convictions or those from other states, he adds. “I think it’s simply designed to give a person who deserves a break a break so they can get a job and live their life,” Sciotti says. If employers haven’t already updated how they do business with freelance employees, they need to do so right away since the Freelance Isn’t Free Act went into effect at the end of August this year. Freelance workers are individuals — or their business — hired as independent contractors earning at least $800 during the year. Under the Freelance Isn’t Free Act, those contractors can no longer be retained on a “handshake deal” and must include a written contract, Lanouette says. That contract needs to include the name and mailing address of both parties, an itemization of all services provided, the cost of services and price/method of compensation, and a date when the payment is due. The law also prohibits making payment due conditioned on accepting less than the original agreed upon amount. “It gives them the right to complain to the attorney general,” for any violations, Lanouette adds. The catch with this law is that it could apply to non-typical positions that might not normally be considered freelance — such as lawn maintenance. She cautions employers to look at all their service arrangements to make sure they are complying with the law. Next summer, the state’s paid COVID-19 sick leave ends, Sciotti says. Throughout the pandemic, employees were eligible for paid COVID leave up to three times if they met the guidelines for the leave. That leave sunsets on July 31, 2025. Employers were not fond of the leave, he notes, because it was unfunded leave on top of the regular sick leave they are already obligated to provide. “That was a big-ticket item depending on the size of the employer,” Sciotti says. With any labor-law changes, employers also need to make sure they make the appropriate human-resources changes. “They’re going to need to update their handbook policies and posters,” Lanouette adds.