Attention Employers: New York Enacts Several Additional Labor Law Updates

On September 14, 2023, New York Governor Kathy Hochul signed into law three more labor law provisions that affect workers’ rights in the State of New York. These news laws, which follow a September 6, 2023 package of labor legislation, include:

Employers Prohibited from Requiring Access to Employee Personal Social Media Accounts

Effective March 12, 2024, New York Labor Law will prohibit employers from requesting access to the personal social media accounts of applicants and employees. Under this new law, employers may not discharge, discipline, threaten discipline or otherwise penalize an employee who refuses to disclose personal social media information. Employers also may not refuse to hire applicants who fail to disclose this information as part of the hiring process.

The inclusion of an affirmative defense suggests that employers could face legal action for violating this new provision of the Labor Law. Employers should consider revising any employment policies, employment applications or onboarding forms that appear to request social media access information. Employers may also wish to document when a social media account is to be used for business purposes such that there is a clear understanding between the employee and employer as to whether the account is being used for “personal” reasons.  

Employers Must Notify Employees of Eligibility for Unemployment Insurance

A new amendment requires employers to provide notice to employees that they may be eligible for unemployment benefits upon a reduction in hours or termination. 

New York Department of Labor Must Notify Unemployment Applicants of Food Assistance Programs

A new amendment requires the New York Department of Labor to inform individuals who file claims for unemployment insurance benefits about specific food assistance programs known as Supplemental Nutrition Assistance Program (“SNAP”) and Women, Infants and Children (“WIC”).  Previous language referencing “food stamp” programs has been replaced.

Our Labor & Employment Law team is available to help employers navigate compliance with these new and updated provisions of the New York Labor Law, as well as with other guidance regarding employee separations, discipline and employees’ use of social media and electronic devices and related issues. We can also provide counsel with respect to the circumstances under which contesting a former employee’s claim for unemployment benefits may also assist in analyzing and defending other, more serious, post-employment claims. 

For more details regarding this legislation, see our Client Alert below.