As we move into 2025, employers in New York will need to stay on top of several new compliance changes that either recently went into effect or will be going into effect later this year. From new obligations under the Clean Slate Act to updates on COVID-19 sick leave, expanding protections for pregnant employees, strengthened rights for freelancers, and revisions to Paid Family Leave, there are many moving parts for HR teams and business leaders to navigate. Below is a round-up of the key issues employers should have on their radar.<\/span><\/span><\/p>\n<\/div>\n Expanded Benefits for Pregnant & Post-Partum Employees<\/span><\/strong><\/span><\/p>\n<\/div>\n Paid Lactation Breaks (Effective June 19, 2024):<\/span><\/strong><\/span><\/p>\n<\/li>\n Paid Prenatal Leave (Effective Jan. 1, 2025):<\/span><\/strong><\/span><\/p>\n<\/li>\n<\/ol>\n<\/div>\n What Should Employers Do?<\/span><\/strong><\/span><\/p>\n<\/div>\n Review Break Policies:\u00a0Adjust scheduling and timekeeping to accommodate paid lactation breaks.<\/span><\/strong><\/span><\/p>\n<\/li>\n Add Prenatal PTO:\u00a0Update your handbook and payroll system for the extra 20 hours of paid leave.<\/span><\/strong><\/span><\/p>\n<\/li>\n Document Accommodation Requests:\u00a0Keep records of any discussions and decisions regarding pregnancy-related and lactation needs.<\/span><\/strong><\/span><\/p>\n<\/li>\n<\/ul>\n<\/div>\n Freelance Isn\u2019t Free Act (Effective Aug. 28, 2024)<\/span><\/strong><\/span><\/p>\n<\/div>\n Employers\u00a0must\u00a0have a written contract with each freelancer or independent contractor.<\/span><\/span><\/p>\n<\/li>\n The contract must include scope of work, rate and method of compensation, payment deadlines, and other key details.<\/span><\/span><\/p>\n<\/li>\n Records must be kept for at least six years, and a failure to produce a written contract could lead to presumptions in the freelancer\u2019s favor.<\/span><\/span><\/p>\n<\/li>\n<\/ul>\n<\/div>\n What Should Employers Do?<\/span><\/strong><\/span><\/p>\n<\/div>\n Draft Standard Agreements:\u00a0Develop or update a contract template for all freelance engagements.<\/span><\/span><\/p>\n<\/li>\n Maintain Records:\u00a0Keep freelancer contracts on file for six years.<\/span><\/span><\/p>\n<\/li>\n Train Managers:\u00a0Ensure anyone bringing on contractors understands the new requirements.<\/span><\/span><\/p>\n<\/li>\n Avoid Retaliation:\u00a0The Act bars punitive actions against freelancers asserting their rights.<\/span><\/span><\/p>\n<\/li>\n<\/ul>\n<\/div>\n Social Media Privacy Law (Effective March 12, 2024)<\/span><\/strong><\/span><\/p>\n<\/div>\n New York\u2019s social media privacy law, which became effective last spring, prohibits employers from accessing employees’ or applicants’ personal social media accounts without consent. If you haven\u2019t updated your practices, now is the time. Here\u2019s what you need to know:<\/span><\/span><\/p>\n<\/div>\n Employers cannot require job applicants or employees to provide personal social media account login credentials or grant access to their accounts.<\/span><\/span><\/p>\n<\/li>\n Employers cannot pressure or request employees to open personal social media accounts in the employer\u2019s presence.<\/span><\/span><\/p>\n<\/li>\n Employers cannot copy information, such as images or videos, from personal social media accounts.<\/span><\/span><\/p>\n<\/li>\n Login details for accounts required or provided by employers for professional purposes are exempt.<\/span><\/span><\/p>\n<\/li>\n<\/ul>\n<\/div>\n What Employers Need to Do:<\/span><\/strong><\/span><\/p>\n<\/div>\n Update hiring and employment policies to reflect compliance with the law.<\/span><\/span><\/p>\n<\/li>\n Train HR staff and managers on the limitations regarding social media account access.<\/span><\/span><\/p>\n<\/li>\n Avoid accessing employees\u2019 personal social media unless content is publicly available and there is a legitimate business-related reason to do so.<\/span><\/span><\/p>\n<\/li>\n Ensure any review of publicly available social media content does not result in decisions based on protected characteristics or membership in a protected class.<\/span><\/span><\/p>\n<\/li>\n<\/ul>\n<\/div>\n New York Clean Slate Act (Effective Nov. 16, 2024)<\/span><\/strong><\/span><\/p>\n<\/div>\n Certain convictions will be automatically sealed after specific waiting periods, with full implementation by Nov. 16, 2027.<\/span><\/span><\/p>\n<\/li>\n Employers must stop asking about or considering these sealed convictions in hiring decisions.<\/span><\/span><\/p>\n<\/li>\n Employers must notify applicants\/employees in writing about any criminal history information they receive\u2014regardless of whether adverse action is taken.<\/span><\/span><\/p>\n<\/li>\n<\/ul>\n<\/div>\n What Should Employers Do?<\/span><\/strong><\/span><\/p>\n<\/div>\n Revise Applications and Processes:\u00a0Remove questions about sealed or soon-to-be-sealed convictions.<\/span><\/strong><\/span><\/p>\n<\/li>\n Distribute Notices:\u00a0If you obtain any criminal background info, inform the individual in writing.<\/span><\/strong><\/span><\/p>\n<\/li>\n Train Your Interviewers:\u00a0Ensure hiring managers know what they can and cannot ask.<\/span><\/strong><\/span><\/p>\n<\/li>\n Review Background Check Vendors:\u00a0Confirm they\u2019re aligned with the Act\u2019s new requirements.<\/span><\/strong><\/span><\/p>\n<\/li>\n<\/ul>\n<\/div>\n Updates to the New York Paid Family Leave Law (Effective Jan. 1, 2025)<\/span><\/strong><\/span><\/p>\n<\/div>\n Eligible employees continue to receive 67% of their average weekly wage, capped at 67% of the Statewide Average Weekly Wage (NYSAWW). The 2025 NYSAWW is $1,757.19, making the maximum weekly benefit $1,177.32.<\/span><\/span><\/p>\n<\/li>\n Employees\u2019 payroll contributions will be 0.388% of gross wages per pay period, capped at $354.53 annually.<\/span><\/span><\/p>\n<\/li>\n<\/ul>\n<\/div>\n What Should Employers Do?<\/span><\/strong><\/span><\/p>\n<\/div>\n Notify Employees:<\/span><\/strong>\u00a0Communicate the updated weekly benefit and new contribution rates.<\/span><\/span><\/p>\n<\/li>\n Adjust Payroll Systems:<\/span><\/strong>\u00a0Ensure withholding aligns with the new percentage and annual cap.<\/span><\/span><\/p>\n<\/li>\n Train Managers:<\/span><\/strong>\u00a0Make sure supervisors understand the updated Paid Family Leave guidelines.<\/span><\/span><\/p>\n<\/li>\n<\/ul>\n<\/div>\n New York\u2019s COVID-19 Sick Leave Law (Sunsets July 31, 2025)<\/span><\/strong><\/span><\/p>\n<\/div>\n This temporary law requires 5 or 14 days of COVID-related sick leave based on employer size.<\/span><\/span><\/p>\n<\/li>\n The mandate expires July 31, 2025.<\/span><\/span><\/p>\n<\/li>\n<\/ul>\n<\/div>\n What Should Employers Do?<\/span><\/strong><\/span><\/p>\n<\/div>\n\n
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