By: Ty Hyderally, Esq. and Lorena Meza

On March 1, 2024, 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 community and labor organizations all worked collaboratively to draft a document entitled the “Worker’s Bill of Rights.”  The aim of the collective effort was to educate the work force and make them more aware of their legal rights.

Starting July 1, 2024, New York City employers will be mandated to post this document.  The mandate is the outcome of New York City Local Law No. 161 (2023), which mandates that private employers give their workers a comprehensive “Worker’s Bill of Rights.” The legislation plans to educate all laborers on their protections under federal, state, or local laws, notwithstanding their immigration status.

The new law requires employers to take specific actions.  By July 1, 2024, employers have to provide a copy of the Worker’s Bill of Rights to all current employees. Subsequently, any new hires must receive a copy of the notice on or before their first day of work. The notice has to be conspicuously posted in a place easily accessible and available to all workers within the work area. Businesses with internet or mobile apps should display the Worker’s Bill of Rights prominently on their internet and/or mobile site.

The basic rights and protections to be covered by the Worker’s Bill of Rights include, but are not limited to, Paid Safe and Sick Leave, minimum wage laws, temporary schedule changes notification requirements, specified rights for fast food workers, and the right to organize and unionize. The purpose of the mandated notification is to provide current and prospective employees and independent contractors legal information about universal rights, irrespective of immigration status.

Employers are encouraged to be aware of the languages spoken by their workforce. When 5% or more of an employee’s population use a non-English language as their primary language, then the employer is mandated to post in that population’s language provided the bill is available in that language.  Currently, the document is available in English, Spanish, Chinese, Russian, Bengali, Haitian-Creole, Korean, Arabic, Urdu, French, and Polish. The obvious purpose of this requirement is to try to meet the requirement that the entire workforce is educated about their rights.

Failure to comply with NYC Local Law No. 161 carries monetary fines. Employers who are found to be in violation of the mandate are levied civil penalties of $500 per violation. However, there is a safe harbor provision.  If the employer violates the law for the first time and corrects the violation, within 30 days of receiving notification from the Commissioner, the employer is not monetarily penalized.  Further, there is an appeal process for employers to utilize to facilitate resolution of situations where there might be a mistake or misunderstanding.

Besides delivery and posting, NYC Local Law 161 requires outreach initiatives, which MOIA, DCWP, and many community organizations manage. Outreach programs from entities whose goal it is to protect worker resources, such as the City’s Immigration Legal Hotline, the Asylum Application Help Center, immigration legal services, and workers’ rights groups, is also key to ensure the workforce is educated properly. These outreach groups help explain TPS eligibility and other immigration matters to highlight the city’s extensive worker support.

As it is closing in on July 1, 2024, employers should immediately take efforts to be compliant with the regulations behind this new law and contact their legal counsel to assist in this effort.

En nuestra firma hablamos español.  This blog is for informational purposes only.  It does not constitute legal advice and may not reasonably be relied upon as such.  If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts.  This blog may constitute attorney advertising.  This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state of jurisdiction.

Photo by Bill Jacobus

References

Salins, R. P., & Tranamil, R. (2024). New York City Enacts Bill Requiring Notice and Posting of “Workers’ Bill of Rights” | Davis Wright Tremaine. Www.dwt.com. https://www.dwt.com/blogs/employment-labor-and-benefits/2023/12/new-york-city-enacts-workers-bill-of-rights