New York Employment Buzz (US)

* In 2024, New York enacted several employment laws that employers should be aware of:
+ Personal Social Media Account Privacy Law: Effective March 12, 2024, employers are prohibited from soliciting or requiring employees or job applicants to share their personal social media account details, such as usernames, passwords, or login credentials. Employers may not request content from personal social media accounts, require employees to access their accounts in their presence, or retaliate against employees who exercise their rights under this law. However, employers are allowed to request access to accounts provided by the employer for business purposes, impose internet access restrictions, and comply with court orders regarding employee accounts.
+ Increase to Salary Threshold for Wage Payment Provisions Under Article 6 of the New York Labor Law: Effective March 13, 2024, the weekly salary threshold for exempt employees under Article 6 increased from $900 to at least $1,300 per week ($67,600 annual). Clerical and non-manual workers must be paid no less than semi-monthly, and employers must obtain the employee’s advance written consent before paying wages by direct deposit. Employers must also provide benefits or wage supplements within 30 days after they are due.
+ New York State Freelance Isn’t Free Act: Effective May 20, 2024, the Act defines a freelance worker as any individual or organization contracted as an independent contractor for services valued at $800 or more. A written agreement is required between an employer and a freelance worker for projects valued at more than $800 or for multiple projects in a 120-day period where the value exceeds $800 in the aggregate. Copies of contracts must be maintained for at least six years and made available to the commissioner upon request. Failure to pay a freelance worker appropriately may result in double the amount owed, along with attorneys’ fees. The Act also prohibits harassment, discrimination, or other penalties against freelance workers who exercise their rights under the Act.
* Effective July 1, 2024, employers in New York City must post and distribute a Worker’s Bill of Rights notice, informing employees of their rights under federal, state, and local workplace laws. The notice must be provided in English and any other language spoken as a primary language by at least five percent of the employer’s employees. Failing to meet notice and posting requirements can result in civil penalties.

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