Diana Plue, Esq., Sheats & Bailey, PLLC
Every year New York State passes new regulations and laws that impact how you do business. This past year was no different. Below is a summary of new laws and regulations that Employers must comply with or risk potential fines.
- Effective January 1, 2024, small businesses will be required to file Beneficial Ownership Information (BOI) Reports with the US Department of Treasury, disclosing the company’s ownership information. Failure to file a BOI report can result in hefty fines of up to $10,000.00 per violation and prison time. The deadline for filing depends on when the company was formed. Companies formed before January 1, 2024, must file their BOI report by December 31, 2024. Companies formed after January 1, 2024, must file a BOI report within 90 calendar days from the formation date to comply.
- Effective February 15, 2024, the statute of limitations to file a claim with the Division of Human Rights for claims involving any type of unlawful discriminatory practices (race, sex, gender, age, disability, etc.), is extended from one year to three years.
- Effective March 12, 2024, employers are prohibited from requesting or requiring access to worker’s social media information and accounts. Employers cannot require an employee to disclose their social media accounts username and passwords.
- Effective March 13, 2024, executive, administrative and professional employees making $1300.00 or less per week will no longer be confined to commencing a civil action in court to recover owed wages but may now bring an action with the Department of Labor to recover owed wages.
- Effective June 19, 2024, employers must provide 30 minutes of paid lactation breaks to an employee each time an employee has a reasonable need to express breast milk for up to three years following the birth of a child. These breaks are in addition to regular meal and break times. Prior to this date, lactation breaks did not have to be paid. Employers must inform employees when they are hired, once a year thereafter and when they return from maternity leave about their right to take paid breaks for pumping breast milk.
- Effective December 30, 2024, contractors and subcontractors must be registered with NYS Department of Labor as a public works contractor, before submitting a bid or commencing work on public projects or private projects subject to prevailing wages. Contractors and subcontractors who submit bids or work on public projects without registering will be subject to a civil penalty.
- Effective January 1, 2025, employers must provide eligible employees with 20 hours of paid prenatal leave during any 52-week period. Prenatal leave is in addition to any statutory sick leave benefits. Notice of this leave must be given in writing to employees.
- Effective January 1, 2025, minimum wage for counties outside of NYC, Long Island and Westchester County is increasing to $15.50/hour and the salary exempt threshold for overtime exempt employees increases almost two thousand dollars to $60,405.80 per year.
- Effective January 1, 2025, NYS Buy Clean Concrete Act, which puts forth emission limits for concrete used in state funded public building and transportation projects becomes mandatory. All State agency building contracts over $1 million that involve the use of 50 cubic yards of concrete and all transportation contracts over $3 million that include at least 200 cubic yards of concrete are subject to the Buy Clean Concrete Act. Starting January 1, 2025, concrete used in these projects will need to comply with mandatory emissions limits and all concrete used in such projects needs to have an environmental product declaration (EPD) submitted.
- Effective July 1, 2025, Covid Sick Leave Act expires, and employers no longer must provide paid Covid Leave.
As New York State is constantly enacting new laws and regulations, expect additional laws to be passed in 2025. If you need further assistance or have additional questions, please contact Sheats & Bailey, PLLC. www.TheConstructionLaw.com; Tel. 315-676-7314.
The information provided above is not intended to serve as specific legal advice for any particular situation. Competent legal and experienced counsel should be consulted.