New York and New Jersey recently passed new laws granting additional protections to workers who are separated from their company, or work for a business experiencing a change in ownership. Here’s what HR pros should know about that legislation, as well as a New York law aimed at curbing incursion into employees’ online accounts.
New York adopts three laws strengthening workplace protections. On Sept. 14, New York Governor Kathy Hochul signed three pieces of legislation intended “to strengthen workers’ rights in New York State,” according to a press release from her office. Employers will be required to adhere to the following under two new laws:
Notify workers of eligibility for unemployment benefits. Starting on Nov. 13, employers will be required to provide any employees who are separated from their company, or see their work hours reduced, with a written notice that they are eligible to file for unemployment benefits. The requirement was added via an amendment to New York State labor law.
The written notice must be provided to the employee within five working days from their termination or reduction in work hours, and include the employer’s name, registration number, and contact address.
Steer clear of employees’ social media accounts. Employers will soon be prohibited from asking employees and job candidates for information to access their online accounts. These accounts may not be used as a condition of employment, or to discipline workers.
The law, which takes effect on March 12, 2024, applies to any person or entity that is engaged “in a business industry, profession, trade or other enterprise” in New York State.
Covered employers will be barred from:
- Requesting usernames, passwords, or other authentication information for an employee’s electronic device
- Accessing employees’ or applicants’ personal accounts
- Reproducing photos, videos, or other information within an employee’s personal account.
Quick-to-read HR news & insights
From recruiting and retention to company culture and the latest in HR tech, HR Brew delivers up-to-date industry news and tips to help HR pros stay nimble in today’s fast-changing business environment.
An employer may access electronic communications if they paid for the device on the condition that they previously communicated a right to access it. Still, they will not have the right to access an employee’s personal accounts on said device.
New Jersey establishes protections for service workers. A New Jersey law that takes effect on Oct. 22 requires businesses employing non-managerial or professional service employees to notify these workers at least 15 days in advance if a change in ownership is set to occur. The outgoing employer must share information about the new employer with these workers, and vice versa.
Employees protected by the law include those who have been working at least 16 hours a week for a period of 60 or more days in connection with “the care or maintenance of a building or property; passenger related security services, cargo related and ramp services, in-terminal and passenger handling, and cleaning services at an airport; or food preparation services at a primary, secondary, or post-secondary school,” according to a statement from New Jersey Governor Phil Murphy’s office.
When new employers come in, they’ll be required to keep existing workers employed for at least 60 days, or until their contract expires (whichever occurs first). Employers may be exempted from the rule if they find they need fewer employees to perform the work than had been employed, and meet a number of additional conditions, including keeping a “preferential hiring list” of those who weren’t retained.
New employers are prohibited from reducing employees’ work hours, or firing them without just cause, to avoid adhering to the new law.