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4 Labor Law Changes That Impact The Majority Of New York Businesses And Businesses With Remote Employees Working In New York.

Updated: Mar 6

New York businesses need to BOLO to 4 upcoming labor law changes. These new laws will impact New York businesses and any company employing out of state (remote employees ) working in New York.

  1. New York Enacts Freelance Isn’t Free Act- The law becomes effective May 20, 2024.

  2. New York Enacts the Clean Slate Act -The law goes into effect on November 16, 2024.

  3. New York Increases Salary Threshold for Wage-Payment Protections -The law becomes effective on March 13, 2024.

  4. New York Prohibits Employers from Requesting that Employees/Applicants Provide Access to Electronic Personal Accounts- The law is effective on March 12, 2024.


New York Enacts Freelance Isn’t Free Act

Gov. Hochul signed S5026/A6040, enacting the Freelance Isn’t Free Act (FIFA). FIFA is modeled after a New York City Law, and mandates the payment of freelance workers as independent contractors, including requiring written contracts, timely payment of compensation, and the handling of controversies relating to payment, complaint procedures, and penalties.

The law becomes effective May 20, 2024. Any employer that utilizes independent contractors (with the exception of construction contractors, as defined by the law), should evaluate their independent contractor relationships to first ensure that it is a true independent contractor relationship, and then to confirm compliance with FIFA.


New York Enacts the Clean Slate Act

Gov. Hochul signed S7551A/A1029 enacting the Clean Slate Act. The law amends the criminal procedure law, the executive law, the correction law, the judiciary law, and the civil-rights law. Specifically, it automatically seals certain convictions after a certain passage of time from the imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending. Notably, the law does not alter employer obligations under the Fair Credit Reporting Act or New York Corrections Law Article 23-A, which prohibits an employer from unlawfully discriminating against a person previously convicted of one or more criminal offenses. The law goes into effect on November 16, 2024. Employers should review their hiring processes to ensure compliance.



Businesses With Remote Employees Working in New York



New York Increases Salary Threshold for Wage-Payment Protections 

Gov. Hochul signed S5572/A6796, which increases the threshold for applicability of wage-payment protections under Article 6 of the New York Labor Law for certain persons employed in a bona fide executive, administrative, or professional capacity, from $900 to $1,300 per week. The law becomes effective on March 13, 2024.



New York Prohibits Employers from Requesting that Employees/Applicants Provide Access to Electronic Personal Accounts

Gov. Hochul signed S2518A/A836, enacting New York Labor Law Section 201-h.

The law imposes restrictions on employers from forcing applicants/employees to provide employers with access to electronic personal accounts, such as social media websites.

There are a number of exceptions to the law, which focus on the employer's continued right to access such accounts if they relate to the employer’s business or if it is needed for compliance with a court order. Employers continue to be allowed to view information on applicant/employee social media accounts that are available publicly.

The law is effective on March 12, 2024. Employers are advised to review this law in conjunction with their hiring practices.


This article is intended to be informative but not to constitute specific legal advice for any employer.


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