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January 25, 2024

Legal News

January 25, 2024

NYC to Require Employers to Post an Employee Bill of Rights

Written by Yogi Patel

On December 3, 2023, the New York City Council passed a bill requiring collaboration between the Department of Consumer and Worker Protection (DCWP), the Mayor's Office of Immigrant Affairs (MOIA), the New York City Commission on Human Rights, and selected community and labor organizations to create a workers' bill of rights on the city's official website. Although not signed by the mayor, the bill is set to become law.

Key provisions of the workers' bill of rights include:

  1.   Identifying labor laws at federal, state, and local levels that protect both employees and independent contractors.
  2.   Explaining employees' rights to unionize.
  3.   Affirming the applicability of these rights regardless of immigration status.

By March 1, 2024, the responsible agencies must post the final draft of this bill of rights on the city's website, available in English and designated citywide languages.

Starting July 1, 2024, employers must provide current employees with a copy of the bill of rights, while covered employers must offer it to new hires on their first day. Independent contractors may not be subject to this requirement.

Covered employers must display this information prominently at their place of business and on their official website, especially for employees who primarily use electronic means for communication. It's likely that any employer within New York City's geographic boundaries will be subject to these regulations. Non-compliance with the posting requirement carries a $500 penalty, with a 30-day grace period for correction following the initial complaint.

After publishing the bill of rights, MOIA will lead community outreach and education efforts, providing resources to employees, prospective employees, and independent contractors, including:

  1.   Contact information for the city's immigration legal hotline and asylum application help center.
  2.   Details about available immigration legal services and MOIA contact information.
  3.   Guidance on handling immigration enforcement authorities in the workplace.
  4.   Information regarding federal eligibility criteria for temporary protected status.

The attorneys at Outside Legal Counsel LLP can help ensure that employers are in compliance with this new law. Please reach out to us for more information about our services and how we can help.

This is not legal advice and is attorney advertising.

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