New Year, New Laws in New York

January 30, 2024

New Year, New Laws in New York


As New York and New York City ring in a new year, they also ring in a slate of new laws that take effect in 2024. First, in New York State, the Clean Slate Act takes effect as of November 16, 2024, which requires records of certain past criminal convictions to be sealed. Second, effective January 1, 2024, is the New York State Department of Labor (“NYSDOL”)’s increased salary thresholds, which offer employees additional overtime, minimum wage and wage payment protections. Third, New York’s pay transparency law, effective September 17, 2023, requires disclosure of maximum and minimum salary for in advertisements for jobs.


For New York City, the worker’s bill of rights has new notice and positing requirements that are effective March 1, 2024. Second, effective March 20, 2024, employees gain a private right of action in court for violations of New York City’s Earned Safe and Sick Time Act. These laws are described in detail below.

 

Clean Slate Act Effective November 16, 2024

 

On November 16, 2023, New York Governor Kathy Hochul (“Hochul”) signed into law A1029C, also known as the “Clean Slate Act.” The law, becoming effective November 16th of this year, will require records of certain past criminal convictions to be sealed. Eligible misdemeanors convictions will be sealed for at least three years following release from incarceration, or in the case of no incarceration, from the imposition of a sentence for the misdemeanor. Eligible felony convictions will be sealed for at least eight years following an individual’s incarceration or imposition of a sentence. Consistent with the Fair Credit Reporting Act (“FCRA”), the Clean Slate Act will require employers to provide individuals for whom background checks are conducted with 1) a copy of the individual's criminal history report, 2) a copy of Article 23-A of the New York Correction Law, and 3) notice of the right to seek correction of any erroneous information contained in the record. In contrast to the FCRA, the Clean Slate Act requires employers to provide these materials regardless of whether the employer intends to take adverse action based on criminal history. Sealed criminal convictions will generally not be accessible in a background check except where relevant and necessary (i.e. if the check is conducted when hiring individuals to work with vulnerable populations). Sealed records not provided in response to an employer’s request for criminal history may not be introduced as evidence of negligence in hiring and employers acting reasonably and in good faith may not have a duty to investigate whether convictions have been sealed under law.

 

NYSDOL Salary Threshold Effective January 1, 2024

 

On December 27, 2023, the NYSDOL adopted proposed regulations to increase the salary threshold for minimum wage and overtime exemptions under the New York Labor Law (“NYLL”). Effective January 1, 2024, the new salary thresholds for the executive and administrative exemptions for overtime are $1,200 per week for New York City, Westchester and Long Island and 1,124.20 per week for the rest of the state. New York does not have a professional exemption to overtime, so individuals covered by this exemption will continue to be subject to the professional exemption under the Fair Labor Standards Act (“FLSA”).


Further, on September 15, 2023, Hochul signed into law S5572/A6796, amending the NYLL to increase the threshold for exemption from wage payment protections, including the method and frequency of wage payments. Effective March 13, 2024, the earning requirements for protection under the NYLL will increase to $1,300 per week, up from the current threshold of $900 per week, making more employees subject to wage payment protections under the NYLL.

 

Pay Transparency Regulations set to Publish this Year.

 

Effective September 17, 2023, employers with four or more employees became required to disclose the maximum and minimum annual salary or hourly wage ranges in advertisements for jobs, promotions and transfers(including electronic job postings). The requirements apply to jobs physically performed in the state or by out-of-state workers who report to a supervisor or office within New York state. However, NYSDOL has not issued final rules for these pay transparency regulations, and employers should be on the lookout for these rules this year.

 

New York City Workers’ Bill of Rights Imposes New Notice and Posting Requirements.

 

As of November 2023, the New York City Council passed Int. No. 569-B, amending the Administrative Code of the City of New York to require employers to distribute and post a Workers’ Bill of Rights notice in the workplace. The Bill of Rights will be published by March 1, 2024 which will 1) provide information about rights under relevant federal, state and local law that apply to employees, prospective employees or independent contractors, 2) indicate which rights apply to workers regardless of immigration status and 3) include information about the right to organize a union. By July 1, 2024, employers will be required to provide this Bill of Rights to their employees, conspicuously post the Bill and make it available to all employees online and in any language that is spoken by at least 5% of their employees.

 

New York City Employees to Gain Private Right of Action for Violations of NYC’s Earned Safe and Sick Time Act.

 

On January 20, 2024, New York City enacted Int. 563-A, which provides individuals with a right to file a civil action in court for violations of New York City’s Earned Safe and Sick Time Act (“ESSTA”). Currently, individuals asserting such an action can only file with the New York City Department of Consumer and Worker Protection. Effective March 20, 2024, individuals will have two years from the date they knew or should have know of the alleged violation of the ESSTA to commence a civil action in court. The ESSTA requires employes to provide leave to employees working in New York City for the care and treatment of themselves or a family member and to seek legal and social services assistance or take other safety measures if the employee or family member may be the victim of any act or threat of domestic violence or unwanted sexual contact, stalking or human trafficking.  

 

If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Can I Fire Someone for That? Common Myths That Get Employers Sued

By The Royal Law Firm • August 19, 2025
Employers regularly wonder: “Can I fire someone for that?” You might assume the answer is simple, especially in an at-will state like Massachusetts. But the reality is more complex. Missteps can land your business in court. Here’s how to avoid them and keep your company focused on growth, not litigation. Myth: “At-Will Means Any Reason Goes” At-will employment allows termination without contractual cause. Yet anti-discrimination laws and retaliation protections still apply. Even a valid reason, like poor performance, becomes risky if the employee recently complained about harassment, requested an accommodation, or reported a safety issue. Terminating soon after a complaint invites legal trouble. For example, consider firing Sarah for repeated tardiness. But what if she reported sexual harassment a few weeks earlier? Timing alone can create exposure. Document performance issues as they arise. Also, check if the employee recently returned from Family and Medical Leave (FMLA) or Paid Family and Medical Leave (PFML). A Springfield auto repair shop faced a claim after firing a worker the day after he returned from PFML to care for his newborn. The company blamed tardiness, but the timing triggered months of legal headaches. Myth: “No Documentation Needed” Some employers assume that no paperwork is necessary under at-will rules. That approach creates unnecessary risk. Without records, even lawful firings appear questionable. Weak evidence damages credibility. Imagine Tom, a low performer who never received formal feedback. If you fire him after years of positive reviews, expect scrutiny. Always provide timely written warnings and accurate performance evaluations. Keep emails, attendance records, and coaching notes. Would your records persuade a jury that the termination was justified? Myth: “We Treated Everyone Fairly” Fair treatment requires consistency. If one employee is fired and another is only warned for the same violation, questions follow. Consider two salespeople, Mike and Jose, both caught inflating sales numbers. Mike receives a warning. Jose gets fired. If Jose claims racial bias, inconsistent discipline strengthens his argument. Review prior disciplinary decisions. Can you show a clear record of equal treatment? Myth: “We Can Share the Reason Widely” Managers sometimes explain a termination too broadly, believing transparency protects the company. In reality, public disclosure creates legal risk. An employee fired for theft sued his employer after leadership announced it to the entire staff. Even truthful statements, shared excessively or with ill will, can spark defamation claims. A local example: a Chicopee retailer emailed all employees naming a worker fired for alleged cash shortages. That email became Exhibit A in court. Limit disclosure to those who truly need to know. Avoiding Retaliation Claims Retaliation is the most common EEOC claim. Firing someone after they complain about discrimination, request leave, or raise pay concerns often leads to lawsuits. Subtle actions can count too—cutting hours, assigning undesirable shifts, or excluding them from meetings. Did Lisa report a wage issue last week? If she now gets the worst shifts, her attorney will call it punishment. Train managers to pause and ask: “Does this look like payback?” In one Springfield restaurant, a server who complained about tips was fired days later for “attitude.” The MCAD viewed the timing as retaliation, and the case settled quickly. Managing the Termination Meeting Professionally How you fire someone matters. Keep the meeting short and calm. Speak plainly. Avoid debate. Bring a neutral witness, usually HR. Disable system access and collect company property immediately. For remote workers, coordinate IT to end access during the call. Have you prepared your team to stay composed when an employee gets angry or upset? A concise, professional exit reduces emotion and litigation risk. Reducing Risks Before They Occur You can prevent most legal problems with proactive steps. Train managers to document consistently. Encourage employees to raise concerns early, and respond appropriately when they do. Also, follow Massachusetts requirements: final wages and accrued vacation must be paid promptly, sometimes the same day. Missing or delaying a payment can trigger penalties. Review whether your managers apply standards uniformly. Track disciplinary trends by department or supervisor. In one Holyoke warehouse, inconsistent discipline across shifts led to multiple claims that could have been avoided with routine audits. Quick Pre-Termination Checklist Document the issue in writing. Confirm whether the employee recently exercised protected rights (complaint, FMLA, PFML, workers’ comp). Ensure similar cases were handled consistently. Complete a fair investigation and allow the employee to respond. Prepare final pay and unused vacation in compliance with Massachusetts law. Bottom Line Employee terminations happen. Legal trouble does not have to. Careful documentation, consistent actions, and thoughtful communication protect your business. Before acting, stop and ask: have we done this right? Taking these steps helps you confidently answer, “Can I fire someone for that?” That answer should never rest on guesswork. Michael P. Lewis, is an attorney who specializes in labor and employment-law matters at the Royal Law Firm LLP , a woman-owned, women-managed corporate law firm that is certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288. Michael P. Lewis wrote this article which was featured in BusinessWest. Click here to visit their website.

The Royal Law Firm Attorneys Receive Finding of No Reasonable Cause at CHRO.

By The Royal Law Firm • August 18, 2025
Royal attorneys successfully obtained a dismissal at the Connecticut Commission on Human Rights and Opportunities. The Complainant alleged discrimination based on race, color and mental disability. Royal attorneys argued that the Complainant failed to establish a prima facie case of discrimination and complainant could not prove that they experienced an adverse employment action. The CHRO agreed with our argument and dismissed the case against our client due to a lack of reasonable cause.