Employers - Updates to be aware of in 2025

January 1, 2025

As we begin the new year, we want to remind business owners of several changes to the employment laws applicable to New York State employers.

Minimum Wage Increase

The minimum wage in New York State increased from $15 to $15.50 per hour for most employees. Workers in New York City, Long Island, and Westchester County saw the minimum wage increase to $16.50 per hour. Employers should ensure that their workers are properly classified under New York’s wage laws. There have been several high-profile lawsuits in recent years against companies improperly classifying employees as contract workers when they were deemed to be traditional hourly employees.

Prenatal Leave

Effective January 1, 2025, New York Labor Law 196-b(4-a) requires private employers to provide pregnant employees with 20 hours of paid prenatal leave per calendar year to be used for prenatal medical care including doctor appointments and other related medical needs. This leave can be used in hourly increments as needed. The law also specifies that this time is not accrued, meaning all 20 hours are available to eligible employees immediately.

Additionally, while New York State law already requires employers to provide nursing mothers with reasonable break time and a private space to express breast milk, protections for breastfeeding mothers will expand in 2025. Employers will now be required to provide lactation support to nursing mothers. This support may include lactation consultants, breast pumps and other resources.

COVID-19 Sick Leave Sunsets

On April 20, 2024, Governor Kathy Hochul approved a July 31, 2025 sunset date for COVID-19 sick leave (whether paid or unpaid). Until the sunset, employees can continue to utilize COVID-19 sick leave days for up to three (3) instances of COVID-19 infections. Beginning July 31, 2025, employees who test positive for COVID-19 will have to use sick time or PTO if they miss work due to the illness.

Worker's Compensation for Mental Health

New York workers are now eligible to file for worker’s compensation to cover certain mental health conditions. Previously, workers' compensation coverage for mental health issues was limited to specific professions, including police officers and firefighters. The new law expands eligibility to all workers who experience "extraordinary" work-related stress to apply for PTSD coverage.

Paid Lactation Breaks

An amendment to New York Labor Law §206-c(i) (“State Lactation Law”) now requires New York employers to provide up to thirty (30) minutes of paid break time to their employees who express milk at work (“paid lactation break”). This new paid lactation break is available to all employees expressing milk at work during the first three years of their child’s birth, and is in addition to any other regularly scheduled break time or meal period (whether paid or unpaid). Employers are mandated to inform their employees about the right to take paid lactation breaks at three distinct times: when they are hired, annually, and when the employee returns to work following the birth of a child. Employees seeking to utilize paid lactation breaks must give their employers reasonable advance notice. The NYSDOL has a useful FAQ page here https://dol.ny.gov/expressing-breast-milk-workplace.

Criminal Background Checks

New York State’s Clean Slate Act (the "Clean Slate Act") took effect on November 16, 2024. Under this new law, certain vehicle and traffic law violations will be sealed after three years. Convictions for most misdemeanors will also be sealed three years after sentencing or three years after release from incarceration, whichever is later. Felonies will be sealed eight years after sentencing or eight years after release from incarceration, whichever is later. Records related to sex crimes and Class A felonies that are not drug related (e.g., murder and kidnapping) will not be sealed. Individuals affected by the Clean Slate Act must not be on parole, probation, post-release supervision, or have any pending criminal cases (whether a misdemeanor or a felony). If an individual is convicted of another misdemeanor or felony before the sealing of the prior convictions, the sealing waiting period restarts. Employers who are required to conduct “fingerprint-based” criminal background checks (e.g., employers who work with children, the elderly, or individuals with disabilities) will continue to have access to these sealed criminal records. Employers that receive criminal history information also are required to provide the applicants with a copy of the criminal history in accordance with the requirements of the Corrections Law.

Social Media Privacy Law

New York’s social media privacy law went into effect on March 12, 2024. Under this law, it is unlawful for employers to request or require employees or job applicants to disclose any username, password, or other personal account credentials. Employers are also barred from requiring employees or job applicants to open their personal social media accounts in the employer’s presence. However, employers may request access to information related to the employer’s business accounts if those accounts are provided by the employer but managed by employees as part of their employment. Employers are not prohibited from viewing or utilizing information about an employee or applicant that is available in the public domain. Federal, state and local government agencies such as law enforcement, fire departments, and the department of corrections and community supervision are exempted from this law.

Kevin Burke counsels employers on recent developments in employment law, and the implementation of policies and procedures which enable employers to be in compliance with federal and state laws. He can be reached at 716-854-4300 ext. 292 or [email protected]