Author: Scott Horton

Scott has been practicing Labor & Employment law in New York for almost 20 years. He has represented over 400 employers and authored 100s of articles and presentations and wrote the book New York Management Law: The Practical Guide to Employment Law for Business Owners and Managers. Nothing on this blog can be considered legal advice. If you want legal advice, you need to retain an attorney.

Retail Worker Safety Act

First Look: New York Retail Worker Safety Act

The New York Retail Worker Safety Act has recently been passed by the state Senate and Assembly. If signed by the Governor, the legislation will impose new requirements on the retail industry. It’s crucial for potentially subject employers to understand the implications of this legislation and prepare for the upcoming changes.

Overview of the Act

The Retail Worker Safety Act mandates several measures aimed at preventing workplace violence in retail settings. Here are the key components:

  1. Workplace Violence Prevention Policy: Retail employers must develop and implement comprehensive workplace violence prevention policies. The policies must identify potential risk factors and outline methods to mitigate these risks. The New York State Department of Labor is tasked with creating a model policy to guide employers.
  2. Employee Training: Employers are required to provide annual safety training for their employees. This training must be interactive and cover de-escalation tactics, active shooter drills, and emergency procedures, among other topics.
  3. Panic Buttons: One of the most debated requirements is the installation of panic buttons. Employers with 500 or more employees nationwide must provide access to panic buttons that, when activated, immediately notify local law enforcement. This measure aims to provide rapid response during violent incidents.

Covered Employers

The New York Retail Worker Safety Act applies to any employer with at least 10 retail store employees. A “retail store” is defined as “a store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises.”

Thus, a wide range of retail businesses, from small shops to large chain stores, must adhere to the new safety regulations. However, public (i.e., governmental) employers are not covered.

Employer Concerns and Compliance

Many employers have expressed concerns about the additional costs and administrative burden associated with complying with the new requirements. Installing panic buttons, providing extensive training, and documenting incidents comprehensively are potentially costly measures, especially for smaller businesses.

However, proponents of the bill argue that the benefits of increased safety and the potential reduction in violent incidents outweigh these costs. They highlight the rising number of workplace violence incidents and the need for stronger protective measures for retail workers.

Looking Ahead

The Retail Worker Safety Act is currently awaiting Governor Kathy Hochul’s signature. If signed, the Act will take effect 180 days later.  So, employers will have a limited timeframe to comply with the new requirements. (If enacted, panic buttons will not become mandatory until January 1, 2027​.)

Retail employers should start reviewing their current workplace safety policies and planning for the implementation of these new requirements. Engaging with legal and safety experts can help create a compliant and effective workplace violence prevention program.

 

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Youth Worker Bill of Rights

New York Youth Workers Bill of Rights

On May 29, 2024, New York Governor Kathy Hochul unveiled her anticipated Youth Workers Bill of Rights. Announced during her 2024 State of the State address, this initiative seeks to better inform young workers about their rights and protections in their workplaces. This initiative does not impose affirmative new obligations on employers. But that does not mean it won’t have serious consequences.

The Youth Workers Bill of Rights is available for download here.

Essential Protections for Young Workers

The Youth Workers Bill of Rights doesn’t create new legal protections. Instead, it’s an informational resource that outlines several key protections for young employees, including:

  • Minimum Wage Assurance: Ensuring that young workers are paid at least the state-mandated minimum wage.
  • Anti-Discrimination Measures: Creating a workplace free from discrimination and harassment.
  • Safe Working Conditions: Maintaining a safe and healthy work environment.
  • Protection Against Retaliation: Allowing young workers to file complaints without fear of reprisal.

Employers may already have existing notice requirements regarding these topics, such as through minimum wage and employment discrimination rights posters. But this new document will likely increase the chance that minors and their parents are aware of the legal parameters of the workplace.

Access and Distribution

The Youth Workers Bill of Rights will be provided with working papers that minors typically obtain through their schools. In addition to increasing the likelihood that employees know their rights, this initiative may also lead the Department of Labor to raise its expectations regarding employer compliance. Again, nothing has changed in the law. However, the DOL may exercise its enforcement discretion differently following efforts to increase knowledge and awareness of the legal requirements.

The Youth Worker Information Hub

The New York State Department of Labor has also introduced a Youth Worker Information Hub. A comprehensive educational resource, this hub provides detailed information on topics such as:

  • Permissible Working Hours: Guidelines on the allowed working hours for minors.
  • Minimum Wage Compliance: Ensuring adherence to wage laws.
  • Restricted Occupations: Identifying jobs that are prohibited for those under 18.

According to the State, this resource is part of a larger administrative effort to address rising child labor violations and ensure young workers are treated fairly and lawfully.

Building on Previous Efforts

These developments build on Governor Hochul’s 2023 measures to tackle child labor issues, including the creation of an interagency Child Labor Task Force and the Protect Youth Workers Pledge for businesses.

What To Do for Your Business

The Youth Workers Bill of Rights was strategically launched with summer approaching. With schools out, an influx of young people enter the workforce–many for the first time. Review of the Youth Workers Bill of Rights provides a good start for employers looking to avoid child labor violations–many of which are incredibly nuanced and non-obvious.

Here are some steps you may want to take in response to these new NYS initiatives:

  1. Educate Yourself: Ensure you and your team are familiar with the key protections and guidelines outlined in the Youth Workers Bill of Rights.
  2. Inform Your Employees: Distribute the Youth Workers Bill of Rights to your staff, particularly those involved in hiring and managing young workers.
  3. Utilize Available Resources: Make use of the Youth Worker Information Hub for guidance on compliance and best practices.
  4. Update Workplace Policies: Review and update your workplace policies to ensure they align with the applicable standards and avoid potential violations.

By taking these proactive steps, businesses can help protect young employees and themselves, while cultivating a positive, supportive work environment.

For more information and resources, visit the NYS Youth Worker Information Hub.

 

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2024 New York Employment Law Update Cover Slide

2024 New York Employment Law Update (Webinar Recap)

On May 29, 2024, I presented a complimentary webinar entitled “2024 New York Employment Law Update”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • FTC Non-Compete Rule
  • FLSA Overtime Rule
  • New York Labor Law Amendments
  • NYS Freelance Isn’t Free Act

and much more!

Especially in New York, employers must remain constantly vigilant for new restrictions on how they treat their employees. Recent actions at the federal level also have potentially significant implications for New York employers. This webinar includes the latest information on new state laws and federal regulations that affect a wide array of New York workplaces.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “2024 New York Employment Law Update”

Have you been waiting to find out what the FTC’s non-compete ban may mean for your business? Still not entirely sure whether the FLSA overtime rule change will affect you? Struggling (like many) to keep track of the latest requirements imposed on New York employers? (And the Freelance Isn’t Free Act even goes beyond employment to cover many independent contractor relationships.)

This webinar will catch you up on these developments and more. Did you know that all New York employers will soon have to provide paid break time to new mothers to express breastmilk at work? In 2025 there will also be a new paid prenatal leave available for pregnant employees. And, New York has finally gotten around to passing a law preventing employers from requiring applicants and employees to provide access to their social media accounts. Make sure you don’t miss out on the facts and tips related to these legal shifts. Now is the time to come into compliance or stay ahead of upcoming obligations.

Don’t Miss Our Future Webinars!

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