We’re only two months into the new year, and New York has already implemented two key changes that require employers to display new labor law posters: a new minimum wage poster and a major update to the state’s whistleblower law.
Here’s what you need to know.
New York’s New Minimum Wage
New York enacted a new minimum wage that went into effect on December 31, 2021. The new wage is $15.00 for employers located in New York City, Long Island, and Westchester County and $13.20 for the rest of the state. The state has issued a new poster reflecting this change.
There is also a new poster for tipped workers, which sets the minimum wage for service employees at $12.50 with a $2.50 tip credit in New York City, Long Island, and Westchester County and $11.00 with a $2.20 tip credit elsewhere in New York. For food service workers, the minimum cash wage is $10.00 plus a $5.00 tip credit in New York City, Long Island, and Westchester County and a $4.40 tip credit in the rest of the state.
Prohibited Retaliatory Action by Employers
New York has also expanded its whistleblower retaliation law significantly, covering former employees and independent contractors in addition to current employees. The amendment covers more employee conduct, stretching its protection to complaints and concerns raised by employees regardless of whether they occurred in the scope of their job duties.
The update loosens the requirements for employees reporting misconduct. In the past, employees had to demonstrate a violation of a law or rule that endangered public health or safety. The amended law extends protection to any conduct that the employee reasonably thought violated a law, rule, or regulation.
And, in most circumstances, employees are no longer required to notify their employer before complaining. Now they must only make a good faith effort to tell their supervisor about the conduct giving rise to their whistleblowing report and then give their employer a reasonable time to correct the conduct.
The amended law requires employers to publish a notice informing employees about their rights.
What Should New York Employers Do Next?
Employers should train their managers and supervisors on the amended law and start anticipating complaints. Additionally, they make sure that they have the latest versions of the minimum wage and whistleblower posters displayed in a public place, like a breakroom.
If you had an annual subscription to our 1-Year Compliance Plan, you’d already be prepared for these changes with the latest version of our New York labor law poster—and you’d continue to receive updates throughout the year as new mandatory labor law changes arise. Plus, our compliance plan comes with an exclusive promise: our labor law posters are accurate and up-to-date, or you’ll be entitled to our $25,000 warranty guarantee.