Articles

Client Alert: July 1st Deadline for NYC Employers to Distribute and Post “Workers’ Bill of Rights”

Date: June 14, 2024
On or before July 1, 2024, all employers in New York City must provide current employees with a “Workers’ Bill of Rights” and post a multi-lingual “Your Rights at Work” poster that contains a QR code linking to the Workers’ Bill of Rights on NYC’s website, conspicuously in an area accessible and visible to all employees. The Workers’ Bill of Rights—codified in Local Law 161 of 2023—summarizes the relevant federal, State, and New York City laws affecting employees, prospective employees, and independent contractors in New York City, regardless of immigration status. The Workers’ Bill of Rights addresses laws enforced by NYC’s Department of Consumer and Worker Protection (“DCWP”) such as New York City’s Paid Safe and Sick Leave, the Temporary Schedule Change Law, Fair Workweek Law, and New York City’s Delivery Worker Laws, and addresses the right to unionize. 
 
Employers should be aware that:
 
  • The Workers’ Bill of Rights must be provided in English and in the primary language of at least 5% of employees employed by that employer if the DCWP’s commissioner has made the information available in that language. 
  • If an employer regularly uses an intranet or mobile application to communicate with its employees, then the Workers’ Bill of Rights must be made available for viewing online or on the mobile application too. 
  • Employers must also provide the Workers’ Bill of Rights to every new hire on or before that employee’s first day of work. 
 
Violations

Employers who fail to comply with the above legal requirements will receive a warning for the first violation and are allowed to cure the violation and contest a finding of a violation. They will be liable for a civil penalty of $500, however, for subsequent violations.
 
New York State Youth Worker Bill of Rights

Although the above law applies only to workers in New York City, New York State has already issued a Bill of Rights for youth workers. Specifically, in late May 2024, on the cusp of summer when many teenagers seek employment, New York State Governor Kathy Hochul announced the enactment of the State’s first-ever Youth Workers Bill of Rights. See https://dol.ny.gov/youthbor. The State also has provided a “Pocket Guide” summarizing those rights: https://dol.ny.gov/youthguide. This Bill of Rights consists of ten rights for youth workers, including the right to receive their full paycheck on payday, the right to earn at least the state minimum wage, and the right to have a discrimination-free workplace. The Bill of Rights will be distributed to youth workers once they receive their working papers. The Governor’s announcement of the Youth Workers Bill of Rights followed a 2022 report of a 68% increase in child labor violations in New York state. New York State’s Department of Labor as of recent has been particularly focused on enforcement of child labor laws. 
 
In light of the above, employers in New York City and New York State should ensure compliance with the City's and State’s new requirements, and update their employee onboarding protocols, acknowledgement of receipt of documents forms, and train accordingly. Employers who employ those under the age of 18 would be well-advised to confer with their employment counsel to ensure they are complying with both federal and State requirements for employing minors, especially now with heightened enforcement of those laws.
 
Our labor and employment law department can assist with legal advice and preparation of protocols, policies, and training regarding employer legal obligations and worker rights, including those relating to the employment of minors.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.