Navigating the Workplace: Latest Changes in NY and NJ Labor Laws

Posted on:

November 2, 2023

In a significant stride toward safeguarding the rights of employees, New York and New Jersey have recently enacted laws that bolster the protections afforded to workers in various situations. From notifying workers of their eligibility for unemployment benefits to curbing intrusion into employees’ online accounts, these legislative changes are set to reshape the landscape of employment regulations. For HR professionals, staying abreast of these developments is crucial to ensuring compliance and promoting a fair and respectful workplace environment.

New York’s Strengthened Workplace Protections

On September 14, New York Governor Kathy Hochul signed three pivotal pieces of legislation designed to fortify workers’ rights in the state. Under these new laws, employers are mandated to adhere to specific guidelines:

Notification of Eligibility for Unemployment Benefits: Commencing November 13, 2023, employers must provide written notice to employees who are separated from their company or experience reduced work hours, informing them of their eligibility to file for unemployment benefits. This notice must be furnished within five working days from the termination or reduction and should include essential details such as the employer’s name, registration number, and contact address.

Restrictions on Accessing Employees’ Online Accounts: Effective March 12, 2024, employers are prohibited from soliciting usernames, passwords, or other authentication information for employees’ electronic devices. Furthermore, employers cannot access the personal accounts of employees or applicants, nor can they reproduce content within an employee’s personal account. Exceptions exist when employers have previously communicated a right to access electronic communications, provided they have paid for the device. However, accessing personal accounts on said device remains off-limits.

New Jersey’s Protections for Service Workers

In parallel, New Jersey has implemented a law that went into effect on October 22, 2023, to safeguard non-managerial or professional service employees. This law mandates businesses employing such workers to notify them at least 15 days in advance if a change in ownership is imminent. The outgoing employer must share information about the new employer with the affected workers and vice versa.

New employers must retain existing workers for at least 60 days or until their contract expires, whichever comes first. Exceptions to this rule exist if employers can demonstrate a legitimate reduction in the need for employees, subject to certain conditions, including maintaining a “preferential hiring list” of those not retained. Additionally, new employers are prohibited from reducing employees’ work hours or terminating them without just cause to circumvent compliance with the law, ensuring a fair transition for affected workers.

These new laws represent a significant step forward in empowering workers and ensuring fair treatment in the face of changing employment circumstances. For HR professionals, understanding and implementing these regulations is essential to upholding ethical employment practices and fostering a positive workplace environment. As we navigate this evolving landscape, it is crucial to stay informed, adapt policies accordingly, and continue advocating for the well-being of all employees.