New York City Law Alert: NYC Employers Face New Obligations Under Workers’ Bill of Rights Law, by Keith Gutstein and Aaron Solomon, 5-29-2024

New York City employers will need to comply with new notice and distribution requirements under the Workers’ Bill of Rights as of July 1.

The Workers’ Bill of Rights, recently released by the New York City Department of Consumer and Worker Protection (DCWP), serves as a comprehensive guide to rights in the workplace in New York City. It includes information on rights enforced by DCWP, like Paid Safe and Sick Leave, the Temporary Schedule Change Law, Fair Workweek Law and the City’s Delivery Worker Laws, as well as rights enforced by other state and federal agencies, like minimum wage and the right to organize. It also includes information about who to contact for more information or with questions, as well as how to file a complaint.

The NYC Workers’ Bill of Rights applies to all businesses that are headquartered in New York City with employees who work within the geographic boundaries of the City. At this time, it is not clear how far coverage will extend to employers who are headquartered in New York City with employees working elsewhere or employers based outside of New York City with employees working within.

New Obligations

According to DCWP, Local Law 161 requires employers in New York City to give their employees information about their rights at work. Among obligations:
• Employers must post the multilingual “Know Your Rights at Work” poster at each NYC workplace where employees can easily see it.
• Employers must give a copy of the poster to each employee by July 1, 2024. After July 1, employers must give a copy of the poster to new employees on or before their first day of work.
• Employers must make the poster available on any online platform used to communicate with their employees, such as a company intranet or app.

Penalties

Enforcement will be complaint-based. Workers can ask a question or file a complaint to the DCWP starting July 1 online at nyc.gov/workers or by contacting 311. Employers will receive a warning for the first violation and could face penalties of $500 for subsequent violations.

Practical Considerations for Employers
• Covered employers should proactively take steps to comply with the law’s new notice and posting requirements by July 1;
• They should also review the Workers’ Bill of Rights to ensure they are in compliance with applicable federal, state and local laws; and,
• They should be aware of their electronic posting requirements as per legislation signed late 2022 that requires New York employers to make mandatory workplace postings available electronically.

Kaufman Dolowich Can Help: If you have questions regarding the Workers’ Bill of Rights or any applicable notice requirements, our team of skilled labor and employment attorneys can help.