2022 has been an eventful year for New York employers, as the State and City have instituted a variety of new employment laws.  Top of mind are New York City’s Salary Transparency Act and New York City’s sweeping regulation of automated employment decision tools; but we have also seen other laws emerge that may have missed employers’ radars.  As 2022 comes to a close, we highlight below some of these important new developments.

On December 21, 2022, Governor Hochul signed into law S.9427-A/A.10477, which requires all private sector New York employers to list salary ranges for all advertised jobs and postings.  This law takes effect on September 17, 2023. 

President Biden has signed into law the federal "Speak Out Act" limiting the enforceability of pre–dispute non-disclosure and non-disparagement clauses covering sexual assault and sexual harassment disputes.  The Act takes effect immediately.

State and city pay transparency laws requiring certain employers to publish “pay scales” in job advertisements also impact employers that sponsor foreign national employees for permanent resident (“green card”) status through the Department of Labor’s PERM process.

Effective January 1, 2023, New York City employers will be prohibited from using artificial intelligence in employment decision-making processes unless they take a number of specific and affirmative steps prior to doing so, including a bias audit of the tool.  These requirements have emerged following the passage of New York City Local Law 144 in December 2021, which creates a specific regime employers must adhere to in order to utilize automated employment decision tools, which the City has referred to as “AEDTs”. Many questions emerged following the passage of Local Law 144  and in response to some of these inquiries, the City’s Department of Consumer and Worker Protection (“DCWP”) has proposed rules that provide some answers, expand upon Local Law 144, and regulate the use of AEDTs.  Mintz attorneys Corbin Carter, Michelle Capezza and Evan Piercey analyze and discuss these proposed rules.

On August 11, 2022, the Centers for Disease Control and Prevention (CDC) once again revised its public health recommendations regarding COVID-19 prevention measures in general community settings, including non-healthcare workplaces.  In doing so, the CDC acknowledged that “COVID-19 is here to stay,” and seemed to shift its focus from viral containment to lessening the risk of severe illness and death associated with the virus.  Chief among these changes is the CDC’s removal of its quarantine recommendation – individuals are no longer advised that they should quarantine following close contact exposure to COVID-19, regardless of their vaccination status, where they do not experience symptoms or test positive. Mintz attorneys Corbin Carter and Michael Arnold discuss these new revised recommendations and its impact on employers.

With the Supreme Court’s decision reversing Roe v. Wade, employers may find themselves navigating complex benefits and tax-related issues. Our Employment, Labor & Benefits team examines what employers will confront if they seek to amend group health plans, or adopt new plans, programs or arrangements, in an effort to facilitate employee reproductive choice in a post-Roe v. Wade environment.

The New York City Council has amended the New York City Salary Range Transparency Act.  The Mayor has 30 days to sign the amended law.  The Act amended the New York City Human Rights Law, creating an obligation on employers to disclose salary ranges in job advertisements for any position located in New York City.