In this memorandum, we report on three upcoming legislative and regulatory changes that affect employers in New York State and New York City: (i) the enactment of the Adult Survivors Act (the “ASA “); (ii) lifting of New York City’s COVID-19 vaccination mandate for private employers (the “New York City Employer Mandate”); and (iii) the requirement for New York City employers to include the minimum and maximum wage when advertising a job, promotion or transfer opportunity (the disclosure of NYC salaries”).
In May 2022, New York State Governor Kathy Hochul signed into law the ASA, which provides adult victims of sexual assault with one year to file civil lawsuits for alleged sexual abuse that do not were not brought within the original statute of limitations. The law revives sexual offense claims under New York State criminal law and can be brought against “any party” for injuries resulting from the abuse, including individual abusers and institutions. Thus, the law could potentially revive certain employment-related claims, including those filed under state human rights law or state tort law. The one-year window begins on November 24, 2022.
New York City Mayor Eric Adams recently announced that starting November 1, 2022, private sector employees will no longer be required to be fully vaccinated against COVID-19 to work onsite in New York City. Employers can implement their own vaccination policies.
Additionally, as noted in our Memorandum of May 12, 2022Starting November 1, 2022, New York City employers will be required to include the minimum and maximum wage when posting any job offers, promotions, or transfers.
NYS Adult Survivors Act renews sexual assault claims
In 2019, New York State passed the Child Victims Act (the “CVA”), which created a one-year window for victims of childhood sexual abuse to file civil lawsuits otherwise prohibited by the statute of limitations against individuals and institutions. The “stimulus window” under the CVA, which was due to close in August 2020, was later extended for a further year to August 2021, and during this period, more than 10,000 lawsuits were filed under this law.
ASA Models CVA and Temporarily Extends New York State Statute of Limitations for Civil Actions Regarding Certain State Criminal Law Sexual Offenses Committed Against a Person Age 18 or Older . The law provides a one-year time limit for bringing civil actions against individuals and institutions for negligent or intentional acts resulting in sexual abuse that would otherwise be statute-barred. Notably, the ASA not only allows claims against the alleged perpetrator of the sexual assault, but also against “facilitators of the assailant” for their acts or omissions. Although the ASA does not revive claims that have been fully resolved, such as those settled or discharged, the ASA expressly covers claims that were previously dismissed on statute of limitations.
Once the ASA comes into effect, there could be an increase in the number of lawsuits brought, including against employers, for negligent acts related to alleged sexual offenses dating back many years, even decades, to like what happened after the CVA. Claims that could be brought against institutions under the ASA may include common law claims for negligent hiring and supervision, as well as claims under the New State Human Rights Act. York or state tort law. Damages may include compensatory and punitive damages and, in some cases, attorneys’ fees.
The ASA also requires the Chief Administrator of the Courts to promulgate rules for the timely judgment of revived actions under the ASA. The one-year window is expected to open on November 24, 2022 and end on November 24, 2023.
NYC employer mandate becomes optional
As we previously reported in our Memorandum of December 21, 2021The NYC Employer Mandate – which went into effect last December – required employers to exclude from the workplace any worker who did not provide proof of vaccination, unless an exception due to religious or medical accommodation was made. applies, or that a worker enters the workplace for “a quick and limited purpose. The NYC Employer Mandate also imposed certain record-keeping requirements and required companies to issue a certificate attesting to their compliance with the requirements of the Mandate.
On September 20, 2022, Mayor Adams announced that the NYC Employer Mandate vaccine requirement will be optional beginning November 1, 2022, saying it was time to usher in a new stage of flexibility for businesses. At the time of its announcement, approximately 89% of City residents had received at least one dose of the COVID-19 vaccine.
Effective November 1, 2022, New York City employers may, but are not required to, require workers who perform in-person work, including employees, independent contractors, and interns, to present a proof of vaccination. NYC Employer Mandate record keeping and posting requirements will also be waived effective November 1.[es] private companies to implement their own vaccination policies.
Amended New York Salary Disclosure Law Takes Effect
Like us before reportedNYC’s Wage Disclosure Law, which requires employers to include minimum and maximum wages when advertising a job, promotion, or transfer opportunity, takes effect November 1, 2022 NYC’s salary disclosure law was originally scheduled to go into effect on May 15, 2022, but was later amended before its original effective date to provide clarification. Among other things, the amended NYC Salary Disclosure Act (i) added a provision stating that the law does not apply to “[p]objections that cannot or will not be enforced, at least in part, in New York City”;  (ii) allows an employer to remedy the non-compliance before a fine is imposed for a first violation;  (iii) provides that “no person shall have a cause of action [under the NYC Salary Disclosure Law]except that an employee may bring such action against his current employer for an alleged violation of law with respect to an advertisement by his employer for an employment opportunity, promotion or transfer; and (iv) maintains that all employers with four or more employees are subject to NYC wage disclosure law.
Consequences for employers
- LIKE A: Employers may wish to review past complaints or claims of sexual offenses to assess the extent of possible exposure to potential claims that may be brought under the ASA. Employers may also consider retaining and collecting documents that may be relevant to such potential claims.
- LIKE A: Employers may wish to collect and review their historical insurance policies to understand what insurance coverage, if any, might be available for claims arising from prior coverage periods.
- NYC Employer Mandate: New York employers may consider implementing their own COVID-19 vaccination policy after November 1, 2022.
- New York Salary Disclosure Law: Employers may want to take steps to ensure compliance with the amended pay transparency requirements before they come into effect on November 1, 2022, for example by reviewing existing job posting templates, including internal postings for promotions and transfers, and creating new models, if necessary. , which includes salary information required under New York’s Salary Disclosure Law, as amended, and notifying managers, human resources personnel, and legal and compliance departments of changes to the amended bill. .
- New York Salary Disclosure Law: Covered employers may wish to continue to monitor the implementation of NYC’s Salary Disclosure Law for any additional updates and guidance.
- The text of the ASA can be found here.
- New York City Updated New York City Employer Mandate Guidelines Available here.
- New York City Commissioner of Health and Mental Hygiene Order on New York City Employer Mandate Available here.
- The original version of the NYC Pay Disclosure Law is available here.
- Amended NYC Salary Disclosure Law Can Be Viewed here.