By: Nisha S. Talati, Esq. and Ty Hyderally, Esq.

Recently, new legislation was passed in New York regarding wage theft, gender discrimination, and captive audience meetings. On September 6, 2023, a new law was signed that amended the New York Penal law adding wage theft to the crime of larceny. See https://nyassembly.gov/leg/?term=2023&bn=S02832. The statute now states that an individual “obtains property by wage theft when he or she hires a person to perform services and the person performs such services and the person does not pay wages, at the minimum wage rate and overtime, or promised wage, if greater than the minimum wage rate and overtime, to said person for the work performed.” This means that in addition to being able to file a lawsuit in either federal or state court, an employee may also seek criminal charges against their employer for unpaid wages. It is important to note that New York offers additional protection for employees who are making below minimum wage. For example, New York Labor Law Section 198-a provides that on behalf of any employee paid less than the wage to which he or she is entitled under the provisions of the article, the commissioner may bring any legal action necessary to collect such claim. See https://www.nysenate.gov/legislation/laws/LAB/198.

Next, new legislation adding “gender identity or expression” as a protected class for the purposes of the New York State Human Rights Law prohibition on discrimination against interns went into effect immediately. See https://nyassembly.gov/leg/?term=2023&bn=S07382. The New York Human Rights Law is New York State’s comprehensive anti-discrimination statute that prohibits discrimination based on specific protected classes in employment, housing, credit, and plays of public accomodations, and non-sectarian educational institutions. See https://www.nyc.gov/site/eepc/laws/statelaws.page#:~:text=New%20York%20State’s%20comprehensive%20anti,and%20non%2Dsectarian%20educational%20institutions.

Lastly, the captive audience bill was signed into law which prohibits an employer from disciplining employees who refuse to attend an employer-sponsored meeting concerning the employer’s views on political or religious matters. This will protect employees’ freedom of speech and conscience. See https://nyassembly.gov/leg/?term=2023&bn=S04982. Captive audience meetings are used by employers as a way to display their argument to remain union-free during union organizing campaigns. New York joins states including Connecticut, Maine, Minnesota, and Oregon who also aim to limit or prohibit captive audience meetings. The passage of these laws is a win for employees in New York who may be facing issues such as unpaid wages and discrimination.

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