NYC Enacts a Law Requiring Employers to Provide a Workers’ Bill of Rights to All Employees Without Regard to Their Immigration Status

New York City recently enacted a law (N.Y.C. Admin. Code §§ 32-101 and 32-102) that requires the Commissioner of the City’s Department of Consumer and Worker Production (“DCWP”), in coordination with the Mayor’s Office of Immigrant Affairs (“MOIA”), the New York City Commission on Human Rights (“NYCCHR”), and various community and labor organizations selected by the Commissioner, to publish a “Workers’ Bill of Rights” on the City’s website, by March 1, 2024.

Additionally, by March 1, 2024, the MOIA, in coordination with the DCWP and various community and labor organizations, are required to conduct community outreach and educational efforts regarding the bill of rights and provide employees, prospective employees, and independent contractors with the following: (i) contact information for the City’s immigration legal hotline and the asylum application help center; (ii) resources and contact information for immigration legal services and the MOIA; (iii) information on what to expect if immigration enforcement authorities come to an individual’s workplace; and (iv) information regarding federal eligibility requirements of temporary protected status.

Effective July 1, 2024, all covered employers are required to distribute a copy of the Workers’ Bill of Rights to each of their current employees, and thereafter, provide a copy of same to each new hire on their first day of work. Covered employers are also required to “conspicuously post” the Worker’s Bill of Rights at the employer’s place of business in an area easily accessible and visible to employees. Employers are also required to make the Bill of Rights available online or on its mobile application for employees to view if employers regularly use to communicate same with its employees. Covered employers who violate the posting requirement will be subject to a civil penalty of $500, but are given a 30-day window to cure the violation following the first complaint.

At this juncture, covered employers are not required to adopt any policy or change their practice in any manner to be compliant with this law. Once the Workers’ Bill of Rights is published by the DCWP, employers should immediately provide a copy of same to their current employees and comply with the posting requirements referenced above.

Meltzer Lippe is well versed in legislative developments related to Equal Employment Opportunity laws. Employers with questions relative to the foregoing are encouraged to reach out to your Meltzer Lippe advisor or contact Asish A. Nelluvely at Meltzer, Lippe, Goldstein & Breitstone, LLP.

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