Intro to New York Labor Laws

New York City has officially integrated the state’s new Paid Prenatal Care leave, which went into effect early this year. The amendment applies to employers of all sizes and requires employers to modify their ESSTA policies to include paid prenatal care leave entitlements. Employers are required to provide written notice of the updated leave policies to employees upon hire, within 14 days of the effective day or at the employee’s request. 

Additionally, the amendments also require employers to distribute and post the updated employee Notice of Employee Rights and maintain record of receipt. Furthermore, employers must document on employee pay stubs or other similar documentation, the amounts of paid prenatal care leave used and the total remaining balance for each applicable pay period.  

Employers should carefully review the new ESSTA requirements and update their leave policies, accordingly. Non-compliance with these new ESSTA rules could result in employers facing individual lawsuits.

Governor Hochul recently signed an amendment to the Retail Worker Safety Act, which will now go into effect on June 2, 2025 (rather than March 3, 2025). The amendment changes training requirements for smaller retail employers. Employers with fewer than 50 retail employees must provide training upon hire and every two years thereafter, while those with 50 or more retail employees must provide training at hire and annually. As previously reported, the New York Department of Labor (DOL) will publish a model policy that retail employers can adapt. Retail employers should review the changes to the law and make preparations as needed. Employers are encouraged to monitor the New York DOL website for further guidance.

​​New York has passed the Fashion Workers Act which outlines the requirements for model management companies (MMCs) and their clients – businesses that hire their models. The Act protects models’ rights and has specific contracting, wage and hour, workplace safety, and artificial intelligence usage requirements. In addition to these requirements, the new law also requires MMCs to register their businesses with the New York Department of Labor. 

Businesses working with models should review their policies to ensure compliance.

The New York State Department of Labor (NY DOL) recently issued new guidance, including a model policy, and a model training to assist covered employers in complying with the Retail Workers Safety Act, which went into effect on June 2, 2025. The guidance clarifies that the law applies to anyone engaged in retail sales, including third-party employers with staff working in a retail store.

Employers should develop and implement prevention policies and interactive training programs that are available in the employee’s primary language while also establishing and maintaining records of all workplace violence incidents.

Starting May 8, 2025, New York City’s lactation accommodation law will be updated to require employers with four or more employees to post their lactation room accommodation policy in a place accessible to all employees. In addition, covered employers must also provide written notice of the policy to new employees when they are hired. 

The updated law also requires that lactation accommodation policies are updated to include New York State requirements. Policies must state that employers are required to provide 30-minute paid lactation breaks and allow employees to use existing paid breaks or meal time for any additional time beyond the 30 minutes.

Governor Kathy Hochul has signed new legislation to allow all employees to file workers’ compensation claims for mental health issues resulting from work-related stress. Previously, such coverage was limited to first responders experiencing post-traumatic stress disorder. Under the new legislation, employees are no longer required to prove that their stress is greater than what typically occurs in the normal work environment. Employers can take proactive steps to prepare for this expansion including updating policies to address work-life balance, training managers to recognize signs of stress, and offering mental-health related resources.