Similar to the last several years, Governor Cuomo’s 2021 budget proposal includes several employment law proposals that would place additional burdens on New York employers. First, a sick leave requirement would require that employers provide employees with paid sick leave (except for employers of 4 or fewer employees, who would be required to provide unpaid sick leave). The budget identifies the Commissioner of the New York State DOL to adopt regulations and issue guidance on the sick leave provision. If passed, the law would take effect one year after enactment.
Additionally, the proposed budget includes a provision that would increase sexual harassment claims disclosure for State contractors beginning on July 1, 2020. Included in the disclosure requirements are the number of adverse judgments or administrative rulings arising from sexual harassment claims from the previous year, the total number of settlements during the preceding year for conduct that allegedly happened in the workplace, and the total number of settlements for the preceding year that relate to allegations of sexual harassment committed by a corporate executive without regard to whether the conduct occurred in the workplace of the bidder. The foregoing would also require the bidder to share this information with the Division of Human Rights.
Finally, the budget proposes the creation of a digital marketplace worker classification task force. The task force would submit a report to State officials with a recommended standard for worker classification on or before May 1. The budget would also authorize the DOL to promulgate regulations to determine appropriate classifications.
Keep an eye on this blog, as we will update you with the status of these budget proposals. As always, if you have any questions, please feel free to contact us here or call us at 585.258.2800.