Hello, New York employers and employees!
Big news: there are significant updates to New York’s employment laws that you need to be aware of. These changes, effective in March 2024, apply to employers of all sizes and bring about crucial protections for employees’ personal account privacy and modifications to wage payment protections. Let’s dive into what these changes mean for you.
Personal Account Privacy Protections: What You Need to Know
Starting March 12, 2024, New York is setting a new standard for personal account privacy in the workplace. Employers will no longer be able to electronically access the personal accounts of employees and job applicants. When we talk about personal accounts, we’re referring to any electronic account used strictly for personal reasons—this includes your social media profiles, personal blogs, podcasts, and instant messaging platforms. Essentially, anywhere you’re creating or sharing your own content for non-work-related purposes.
The new rule is clear: employers cannot ask for login credentials, pressure you to access your personal accounts while they watch, or demand you reproduce information from these accounts. This law aims to respect and protect employees’ and applicants’ personal online spaces.
However, there are a few exceptions. Employers can require access to nonpersonal accounts related to the company’s internal systems or business purposes. And, of course, anything you’ve made publicly available is fair game for employers to view without needing special access.
Action Items for Employers: It’s crucial for hiring teams and managers to understand these new boundaries. Review your social media and electronic device policies to ensure they align with these updated regulations.
Wage Payment Protection Changes: Understanding the New Threshold
On March 13, 2024, the earnings threshold for wage payment protections in New York will see a notable increase. Specifically, employees in executive, administrative, or professional roles earning up to $1,300 per week will now enjoy enhanced wage payment protections—up from the previous threshold of $900 per week. It’s important to note that this adjustment doesn’t alter the minimum salary requirements for exempt employees; rather, it expands existing wage payment protections to a broader group.
Under these updated protections, employers are required to:
- Ensure these employees are paid at least semimonthly.
- Obtain advance written consent for direct deposit payments.
- Pay any owed benefits or wage supplements, such as reimbursements for business expenses, within 30 days of their due date.
What This Means for You
These updates to New York’s employment laws underscore a commitment to protecting personal privacy and ensuring fair wage practices. For employers, it’s a call to update policies and practices to align with these changes. For employees, it’s a new layer of protection and assurance in the workplace.
Staying informed and compliant is key. Whether you’re an employer adjusting your policies or an employee understanding your rights, these changes represent a significant shift toward a more secure and fair work environment in New York. Let’s welcome these updates as a positive step forward for the New York workforce!
