As 2024 winds down, now is a good time to review your employee handbooks and other workplace policies and practices in light of recent legislation. Here are some key changes for New York and New Jersey employers, including new federal guidance, that will undoubtedly impact handbooks and other policies:
New York
- Paid Nursing Breaks – As discussed HERE, employers now must provide paid 30-minute breaks to express breast milk, and allow employees to use other existing paid break time or meal time for any time needed in excess of 30 minutes, each time the employee has to express breast milk for up to 3 years following the birth of a child. Many policies already exist for unpaid breaks, but they should be reviewed more closely for New York employees.
- Freelance Isn’t Free Act – As of August 28, 2024, employers must provide written contracts and wage protections to freelance workers who are hired as independent contractors to provide services equal to or greater than $800 for work within the preceding 120 days. The law is discussed in more detail HERE and HERE.
- Prenatal Leave – Effective January 1, 2025, employers must provide 20 hours of paid prenatal leave to employees each year in addition to New York State and City Paid Safe and Sick Leave. This leave may be taken for health care services received during or related to an employee’s pregnancy, and it may be taken in hourly increments. See HERE for more information.
- Sunsetting of COVID-19 PAID Sick Leave Law – As discussed more fully HERE, effective July 31, 2025, employers will no longer have to provide additional job-protected leave for employees subject to a mandatory quarantine or isolation order due to COVID-19. This change is prompted by the Centers for Disease Control and Prevention’s new guidance treating COVID-19 like any other respiratory viral illness.
New Jersey
- Gender Neutral Dress Code – As discussed in more detail HERE, New Jersey’s Director of the Division of Civil Rights (“DCR”) recently said that it is unlawful for businesses open to the public to maintain gender-specific dress codes. Thus, employers should update their dress code policies to ensure they are gender-neutral.
- NJ Family Leave Act Guidance – On February 20, 2024, the DCR issued new guidance on NJ’s Family Leave Act. More information can be found HERE. Employers should review their family leave policies in light of this new guidance.
- NJ Law Against Discrimination (“NJLAD”) & Out-of-State Workers – On May 14, 2024, the DCR issued guidance providing that the NJLAD applies to all employees of NJ-based employers regardless of whether the employees physically work in NJ or remotely from out-of-state. For more information, see HERE.
- DCR’s Proposed Rule on Disparate Impact Discrimination – On June 3, 2024, the DCR issued a proposed rule, which would clarify the standard and burden of proof required to establish disparate impact discrimination under NJLAD. As discussed HERE, the proposed rule states that practices or policies that cause a disparate impact are unlawful unless the employer shows that the practice or policy is necessary to achieve a “substantial, legitimate, nondiscriminatory interest.” The comment period closed on August 2, 2024, but no further action has been taken on the proposed rule yet. Nevertheless, employers should be aware of the proposed rule because it could be adopted soon.
Federal
- Final Rule on Independent Contractor Classification – The U.S. Department of Labor issued its Final Rule, which went into effect on March 11, 2024, on classifying workers as either independent contractors or employees subject to wage and overtime requirements under the Fair Labor Standards Act. The Final Rule applies the economic reality test and requires analyzing 6 factors in light of the totality of the circumstances to determine whether a worker is an independent contractor. Economic dependence is most important, meaning a worker is an independent contractor if as a matter of economic reality, the worker is in business for themselves rather than economically dependent on the employer. For more information, see HERE.
- EEOC’s New Guidance on Harassment in the Workplace – Effective April 29, 2024, the Equal Employment Opportunity Commission (“EEOC”) released new guidance on harassment in the workplace – the first time guidance was released in 25 years. As discussed more fully HERE, the guidance updated and broadened descriptions of harassment based on sex, race, color, and religion. In addition, the guidance discusses virtual work and social media. More specifically, virtual harassing conduct is deemed to occur in the workplace if it occurs on a work-related communication platform, such as the employer’s email system, intranet, instant messaging system, video conferencing technology, etc. And, employers may be liable for harassing conduct on social media if the consequences of that conduct impact the workplace and contribute to a hostile work environment. Examples provided in the guidance can be helpful in drafting anti-harassment policies.
- Pregnant Workers Fairness Act – On June 18, 2024, the EEOC’s Final Rule and interpretive guidance on the PWFA went into effect. The PWFA applies to all employers with 15 or more employees, Congress and federal agencies, employment agencies, and labor organizations. As discussed more fully HERE, under this law, employers must provide reasonable accommodations to qualified employees who are experiencing known limitations relating to or arising out of pregnancy, childbirth, or related medical conditions. Employers should ensure that written policies reflect current pregnant worker protections.
In order to comply with these changes in the law, employers should review and update their handbooks, policies, and procedures. In addition, employers should check for recent legislation in all states in which they have employees. NFC will continue to track these laws and report on any updates.
If you have further questions or need assistance in reviewing your handbooks, please reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100.
