More benefits for NY workers: laws that enter in effect in 2022

Pandemia revealed innumerable violations of labor rights, as in the case of domestic workers, who had been excluded from discrimination protections, something that left them exposed to salary theft and unjustified dismissal.

However, in 2021, state and local legislatures changed their focus on traditional labor law before the ravages of Covid-19 pandemic.New York approved laws that guarantee the family license, in addition to granting unprecedented protections to the most vulnerable workers in the construction industry.

Here we give you a summary of the laws that protect you directly from the theft of salary, unjustified dismissal and other violations of labor rights.

Responsibility of the SB 2766C / AB 3350A employer

Salary theft is still a scourge in New York, especially in the construction industry.The comptroller of the State and the city have investigated dozens of cases in which a subcontractor incurs the theft of wages, which is exacerbated in the case of Hispanic and immigrant workers.

However, after the pressure of immigrant defenders, the SB 2766C / AB 3350A law forces general contractors to be responsible for salaries, benefits or salary accessories owed to construction workers by subcontractors.

Contractors and subcontractors must be able to provide payroll records of all employees who provide labor in a project.Not providing time records will be a reason for a contractor to retain payments owed to a subcontractor at any level.

The new law enters effect on January 4.

Paid family license

Clarify the amount of days of paid license that employees who meet the criteria can take.Qualified employees who work at least 5 days a week can take a maximum of 60 days of license per year.Enter in effect on January 1, 2022.

The benefits of paid family permit provide up to 12 weeks of partially paid free time together with labor protection.The amount of the benefit can change a little every year: although it is established in 67% of its average weekly salary (AWW) with a 67% stop of the New York state average weekly salary (SAWW), the state updates the SAWWevery year.So, if the saww increases, the maximum benefit increases.

The benefits of family permit paid in 2021 were 67% of the average weekly salary of an employee, with a top of 67% of the average weekly salary of the New York state (NYSAWW), which is currently established at $ 1,450.17.This translates intoa maximum benefit of $ 971.61 per week.

For example, if you earn $ 1,000 per week (less than the NYSAWW), your weekly family permit benefit would be $ 670.00.

In the case of the intermittent license, the benefit for employees who take permission in daily increases is based on the average number of days worked per week during the last 8 weeks before starting their paid license.

Visit https://paidfamilyleave.ny.gov/ for more details.

Protection to complainants SB 4394 / AB2546

It extends the protection of workers and extrabajadores that denounce unsafe conditions of work, salary theft or any other irregularity committed by contractors.It clarifies that reprisals include actions such as threats of dismissal or contacting immigration authorities.

The amendment also protects the workers and extrabajadores who denounce the policy or practice of an employer reasonably there was a violation of the law.

Enter in effect on January 26, 2022.

Surveillance at workplace SB 2628 / AB 430

It requires a written warning in which all staff are informed about the type of electronic monitoring that can occur in the workplace.The law requires employers to publish the notice.

Enter in effect on May 7, 2022

Discrimination at workplace

The NYC legislation No. 0339-2018 amend the Human Rights Law of New York City to add domestic workers as protected employees against discriminatory practices in the workplace.

The new protections will prohibit discrimination, loss of salary, unjustified dismissal and guarantee certain adaptations in the workplace even for undocumented workers.

Before the law, labor protections did not apply to employers with less than four workers, which excluded most domestic workers, an industry composed largely by colored women who are often used as caregivers and lovesHouse.Without that protection, workers had no mechanism for the application of the law in case of abuse, exploitation and labor abuse.

The law would expand labor rights to 2.2 million domestic workers in New York.

Enter in effect on March 13, 2022.

LABOR RELATIONS

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— HS CREATIVE Sun Nov 29 00:21:45 +0000 2020

Law NYC Int. No. 2252-2021 requires that the city's human services contractors celebrate labor peace agreements.This amendment covers the nursery, temporary upbringing, home care, medical or health services and legal services, among others, this under the umbrella of human services.

It entered effect on November 16, 2022.

New regulations for protection of food distributors

Distance limits for food delivery

Payment rate for food distributors

The new law will prohibit food delivery applications and messaging services to charge delivery workers for the payment of their salaries.It would also require that food applications and messengers pay their deliveryors for their work at least once a week.

Enter in effect on April 22, 2022.

Minimum trip payments for third -party food delivery service

La ley requeriría que el Departamento de Protección al Consumidor y al Trabajador estudie las condiciones de trabajo de los trabajadores de reparto de alimentos de terceros, incluidos los ingresos, los gastos, el equipo requerido, las horas trabajadas y la seguridad. Después del estudio, el Departamento debería promulgar reglas que establezcan los pagos mínimos por viaje que deben hacerse a los trabajadores de servicios de entrega de alimentos de terceros antes del 1 de enero de 2023. Enter in effect on April 22, 2022.

General provisions related to working conditions for third -party service workers

La ley exige que los servicios de entrega de alimentos de terceros permitan a los trabajadores de entrega establecer limitaciones en la distancia y la ruta para las entregas. Enter in effect on April 22, 2022.

Food delivery applications and messaging services must provide delivery workers the opportunity to establish:

1. Dirección donde se deben recoger los alimentos, bebidas u otros bienes. T
2. Tiempo y distancia estimados por viaje.
3. Total de la propina y compensación a pagar, excluida la propina.

EQUIPMENT DELIVERY

The law requires that third -party food delivery services and third -party messaging services provide food delivery workers with food delivery bags, and authorizes the commissioner of the Department of Consumer Protection and the worker to refuse,Suspend, revoke or refuse to renew a license for violations of Chapter 15 of Title 20 of said Code.

Enter in effect on April 22, 2022.

Food delivery applications must make available insulating bags for any delivery worker who has completed at least six deliveries for the company.The application of food delivery or messenger will not be allowed to charge your delivery worker for any money for the bag.The stock market would also have to comply with section 1235 of the State Law of Vehicles and Traffic, which prohibits cyclists from carrying bags or other items unless they can keep at least one hand in the handlebar.

The law would add a provision to the licensing scheme that allows the Department of Consumer and Workers Protection to suspend, revoke, deny or refuse to renew a food delivery application license if any provision related to the protections for delivery workers was violatedTwice in the previous two years.

Access to sanitary facilities for food delivery workers

The law would require that food delivery requests include a provision in the contracts with the restaurants that require them to make their bathrooms available to use the delivery workers, provided that the delivery worker seeks to access the facilities while collectingAn order of food or drink.

Enter in effect on January 24, 2022.

Tip policies

For each order made on a food delivery platform, the law prohibits a food delivery application from requesting a tip to a client unless the amount delivered to the cast worker is revealed;and the way in which tips are provided, either immediately or not, and in cash or not.

This information must be provided before or at the same time as the tip is requested.Applications should notify workers if a tip, quantity or if a change was made.

Every day it would be required that the worker be informed the total compensation and the bonuses won by that worker the previous day.

Enter in effect on January 24, 2022.

Rates collected to food service establishments for third -party food delivery services.

The law prohibits third -party food delivery services to charge food service establishments more than 15% per order for delivery and more than 5% per order for all other rates, except for transaction fees.

The bill would prohibit third -party food delivery services to charge more than 3% per order for transaction rates, except that it would allow a higher charge if the third -party food delivery service can provide evidence that said more positionAlto was imposed at the service of a credit card company or a payment system based on the Internet based on the Consumer Protection Department and the corresponding Food Service establishment, if requested.

The department must submit a report to the mayor and the president of the Council every two years, beginning no later than September 30, 2023, recommending the maintenance or adjustment of the rate limit when considering factors such as the effect of the limit on the services ofdelivery of third -party food and food service establishments;if the limit affects the wages and working conditions of the distribution workers;The products provided by third -party food delivery services for inclusion, processing and marketing.

Enter in effect on January 24, 2022.

Concession of food delivery services to third parties

It would be required that third -party food delivery services obtain a license to do business in the city as of January 24, 2022.

The city could refuse to renew a license, or suspend or revoke a license, if a food delivery service of a third party committed two or more law violations.They would also be subject to civil sanctions.It would be required that the Department of Consumer Protection and the worker carry out dissemination activities on the new provisions.