By Lisa Taapken

New York City employers should be aware that the New York City Administrative Code was amended on December 4, 2023 to require employers to provide their employees, prospective employees, and independent contractors with a Workers’ Bill of Rights. The Workers’ Bill of Rights will be written by the Commissioner of the Department of Consumer and Worker Protection (“DCWP”) in collaboration with the Mayor’s Office of Immigrant Affairs, the New York City Commission on Human Rights, and community and labor organizations selected by the DCWP. It will be a comprehensive overview of employee, prospective employee, and independent contractor rights under applicable federal, state, and local law and will, among other things, provide information about which rights apply regardless of immigration status and the right to unionize. The new law requires the DCWP to publish the Workers’ Bill of Rights by March 1, 2024.

 Once published, employers must provide the Workers’ Bill of Rights to their employees by July 1, 2024 and, going forward, to new hires on or before their first day of work. Employers must additionally post the Workers’ Bill of Rights at their place of business (including online platforms, if these platforms are regularly used to communicate with employees). The Workers' Bill of Rights must be provided in English and in any language spoken by at least five percent of the employer’s workforce.

 Employers who fail to post the Workers’ Bill of Rights may be liable for a civil penalty of $500. In case of a first violation, the DCWP will notify the business in violation and request it take corrective action.

 Ahead of the March 1, 2024 publication of the Workers’ Bill of Rights, employers are advised to familiarize themselves with the requirements of the law and prepare to provide it to their workforce. If you have any questions about the implementation of this requirement, please do not hesitate to contact us for further assistance.

This is not legal advice and is attorney advertising.