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.
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Expanded Benefits for Pregnant & Post-Partum Employees
What’s Changing?
- Paid Lactation Breaks (Effective June 19, 2024):
- Employers must provide 30-minute paid breaks for nursing employees each time they need to express breast milk.
- Paid Prenatal Leave (Effective Jan. 1, 2025):
- Employers must offer an additional 20 hours of paid time off per year for prenatal or pregnancy-related medical care—separate from existing Paid Sick and Safe Leave.
What Should Employers Do?
- Review Break Policies: Adjust scheduling and timekeeping to accommodate paid lactation breaks.
- Add Prenatal PTO: Update your handbook and payroll system for the extra 20 hours of paid leave.
- Document Accommodation Requests: Keep records of any discussions and decisions regarding pregnancy-related and lactation needs.
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Freelance Isn’t Free Act (Effective Aug. 28, 2024)
What’s Changed?
- Employers must have a written contract with each freelancer or independent contractor.
- The contract must include scope of work, rate and method of compensation, payment deadlines, and other key details.
- Records must be kept for at least six years, and a failure to produce a written contract could lead to presumptions in the freelancer’s favor.
What Should Employers Do?
- Draft Standard Agreements: Develop or update a contract template for all freelance engagements.
- Maintain Records: Keep freelancer contracts on file for six years.
- Train Managers: Ensure anyone bringing on contractors understands the new requirements.
- Avoid Retaliation: The Act bars punitive actions against freelancers asserting their rights.
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Social Media Privacy Law (Effective March 12, 2024)
New York’s 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’t updated your practices, now is the time. Here’s what you need to know:
Key Information:
- Employers cannot require job applicants or employees to provide personal social media account login credentials or grant access to their accounts.
- Employers cannot pressure or request employees to open personal social media accounts in the employer’s presence.
- Employers cannot copy information, such as images or videos, from personal social media accounts.
- Login details for accounts required or provided by employers for professional purposes are exempt.
What Employers Need to Do:
- Update hiring and employment policies to reflect compliance with the law.
- Train HR staff and managers on the limitations regarding social media account access.
- Avoid accessing employees’ personal social media unless content is publicly available and there is a legitimate business-related reason to do so.
- Ensure any review of publicly available social media content does not result in decisions based on protected characteristics or membership in a protected class.
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New York Clean Slate Act (Effective Nov. 16, 2024)
What’s Changed?
- Certain convictions will be automatically sealed after specific waiting periods, with full implementation by Nov. 16, 2027.
- Employers must stop asking about or considering these sealed convictions in hiring decisions.
- Employers must notify applicants/employees in writing about any criminal history information they receive—regardless of whether adverse action is taken.
What Should Employers Do?
- Revise Applications and Processes: Remove questions about sealed or soon-to-be-sealed convictions.
- Distribute Notices: If you obtain any criminal background info, inform the individual in writing.
- Train Your Interviewers: Ensure hiring managers know what they can and cannot ask.
- Review Background Check Vendors: Confirm they’re aligned with the Act’s new requirements
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Updates to the New York Paid Family Leave Law (Effective Jan. 1, 2025)
What’s Changing?
- 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.
- Employees’ payroll contributions will be 0.388% of gross wages per pay period, capped at $354.53 annually.
What Should Employers Do?
- Notify Employees: Communicate the updated weekly benefit and new contribution rates.
- Adjust Payroll Systems: Ensure withholding aligns with the new percentage and annual cap.
- Train Managers: Make sure supervisors understand the updated Paid Family Leave guidelines.
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New York’s COVID-19 Sick Leave Law (Sunsets July 31, 2025)
What’s Changing?
- This temporary law requires 5 or 14 days of COVID-related sick leave based on employer size.
- The mandate expires July 31, 2025.
What Should Employers Do?
- Maintain Compliance Until Sunset: Follow the existing requirement through July 31, 2025.
- Plan for Afterwards: Employees might still qualify for leave under other state or city laws.
- Communicate the Expiration: Notify employees that coverage ends and clarify other available leave options.
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Minimum Wage and Salary Threshold (Effective January 1, 2025)
The state's minumum wage and salary threshold have increased for 2025. HR One reported on the details in a previous enews.
What Should Employers Do?
- Review employee wages and salaries to make sure every employee is earning at least the minimum wage/salary threshold as needed.
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Key Takeaways
- Implement New Policies First: Identify and address the changes that demand fresh procedures (e.g., lactation breaks, freelance contracts).
- Update Documentation: Adjust handbooks, contracts, and relevant policies to comply with the new regulations.
- Train Your Team: Educate managers, HR, and recruiters about new obligations and deadlines.
- Stay Compliant with Existing Requirements: Continue meeting COVID-19 Sick Leave obligations until the law’s sunset, and monitor other changes going forward.
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