On March 1, 2024, the Department of Consumer and Worker Protection ("DCWP") issued the "Workers' Bill of Rights," which serves as a comprehensive guide to employee rights in New York City. New York City employers should familiarize themselves with the Workers' Bill of Rights and prepare to comply with the notice requirements that accompany it.
Workers' Bill of Rights
The DCWP created the Workers' Bill of Rights as an overview of important New York City, New York State, and federal laws in the workplace. For example, the Workers' Bill of Rights includes information about rights enforced by the DCWP, including, but not limited to, paid safe and sick leave, temporary schedule changes, and fast food worker rights. The Workers' Bill of Rights also outlines the rights enforced by other New York State and federal agencies, such as minimum wage and hour rights, family and medical leave, and discrimination-free workplace.
Notice Requirements
Employers in New York City must provide their employees with the multilingual "Know Your Rights at Work" poster, which refers them to the Workers' Bill of Rights webpage. Specifically, employers in New York City are required to:
- Post the "Your Rights at Work" poster where employees can easily see it by July 1, 2024. Employers must also post the "Your Rights at Work" poster to their intranet or mobile app if they offer one to employees;
- Provide a copy of the "Your Rights at Work" poster to each current employee by July 1, 2024; and
- Provide a copy of the "Your Rights at Work" poster on or before an employee's first day of work starting after July 1, 2024.
Penalties for Noncompliance and Enforcement
Employers who fail to post or distribute the "Your Rights at Work" poster could face a civil penalty of $500 for each violation. However, for a first violation, the Commissioner of the DCWP will issue a warning and request that the employer correct the violation within 30 days.
Enforcement of the "Workers' Bill of Rights" will be complaint-based. Beginning July 1, 2024, employees can file a complaint online if their employer does not make the "Your Rights at Work" poster available.
Takeaway:If you are a New York City employer seeking additional guidance on complying with these obligations, contact Nicholas Rollo or any member of the Wilentz Employment Law Team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.