New York State Enacts Three New Labor Provisions

On September 6, 2023, New York Governor Kathy Hochul signed into law a package of legislation regarding the rights of workers in New York State. Employers should take note of and ensure compliance with these new laws, which take effect immediately. The legislation includes three new provisions:

Criminal Penalties for Wage Theft

New York now joins several other states in making an employer’s failure to pay wages a criminal offense. This new law expands New York’s definition of larceny to include wage theft. 

No “Captive Audience” Meetings

Most New York employers may no longer discipline employees who fail to attend so-called “captive audience” meetings where religious and/or political matters are discussed. The law’s definition of political matters includes, but is not limited to, discussions relating to elections for political office, political parties and the decision whether to join a labor organization.

Increased Minimum Weekly Workers’ Compensation Benefits

Governor Hochul signed into law a forthcoming increase to the workers’ compensation schedule. For the year of 2024, individuals receiving workers’ compensation benefits will receive no less than $250 per week, unless their wages are less than $250 per week, in which case, they will receive the full amount of their wages. That amount will increase to $325 per week from January 1, 2025 to July 1, 2026. After July 1, 2026, individuals receiving workers’ compensation benefits shall receive no less than one-fifth of the New York State average weekly wage.

Our Labor & Employment Law team is available to provide legal advice and counseling related to wage and hour compliance, employee discipline, employee benefits or any other employment law questions.

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