Heading into the new year, employers should be mindful of recent updates to New York state and city law. In the past few months, New York has enacted new laws, amended current laws and updated rules concerning (1) social media, (2) settlement agreements, (3) captive audience meetings, (4) wage payment, (5) size bias and (6) safe and sick time. Additionally, New York Governor Kathy Hochul recently vetoed a bill that, if enacted, would have banned non-competition agreements. This column addresses each of these updates and the relevant considerations for employers.

Social Media

On Sept. 14, 2023, New York Governor Kathy Hochul signed legislation that further protects the personal social media accounts of employees. Effective March 12, 2024, the amended law prohibits employers from requesting, requiring or coercing an employee or applicant for employment to (1) disclose the username, login information and password of a personal account,(2) access their personal account in the presence of the employer or (3) reproduce photographs, video or other information from a personal account. Specifically, an employer cannot require disclosure of such information as a condition of hiring, condition of employment or for use in a disciplinary action.

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