Unionization and Workers’ Rights in 2024

Posted on

As has already been discussed in this blog, 2023 saw a record-breaking amount of union activity across the United States.  Strikes by large, high-profile unions representing the United Auto Workers, UPS workers, the teamsters, and writers and actors as well as smaller, lower-profile unions all resulted in gains for workers.

One would think that these wins would translate into an increase in the percentage of unionized workers in the United States, but studies are not yet showing that increase.  In fact, overall union membership dropped in 2023 from 10.1% to 10%.  See https://www.jacksonlewis.com/insights/top-five-labor-law-developments-january-2024. 

Experts suggest a large influx of workers into the economy increased the overall worker population and diluted any specific increases in a unionized workforce.  To the extent there are gains in union membership, these gains are more likely to be in workers of color under the age of 45.

It may be that the impact of 2023 union successes hasn’t revealed itself yet.  Further, there were several rulings by the National Labor Relations Board in 2023 that should create a more favorable environment for union organizing and recruitment.  The impact of these rulings may start to be felt this coming year.

Overall, employers should anticipate continued strong union activity across the country and pay attention to their workforce.  Now may be a good time to consult with legal counsel about how employers can legally respond to unionization efforts should they arise.

The rights of temporary workers in New Jersey also took center stage in 2023 with the passage of the New Jersey Temporary Worker Bill of Rights.  In 2024, New Jersey temporary help service firms await greater clarity from the State on the implementation of the new law.

Temporary help service firms and their clients should monitor the development of regulations issued by the State that will interpret and clarify provisions of the law.  They should also watch for updates on the remaining provisions of the law that have not yet gone into effect, particularly provisions regarding temporary help service firm registration.

Stay tuned.     

Safe and Sick Leave Update in New York City

Posted on

In New York City, employees were granted more access to sick leave due to new rules adopted by the New York City Department of Consumer and Worker Protection (“DCWP”) amending New York City’s pre-existing Earned Safe and Sick Time Act (“ESSTA”).  These rules took effect on the 15th of October and they expand leave availability when employees need time away from work to take care of family members or need access to safety measures such as legal assistance due to stalking, domestic violence or sexual harassment.

The amount of ESSTA leave available to an employee is dependent upon the size of the employer: 
–        Up to 56 hours of paid leave each calendar year, if the employer has 100 or more employees.
–        Up to 40 hours of paid leave each calendar year, if the employer has 5-99 employees.
–        Up to 40 hours of paid leave each calendar year, if the employer has 1-4 employees and has net income of $1 million or more.
–        Up to 40 hours of unpaid leave each calendar year, if the employer has 1-4 employees and has net income of less than $1 million.
–        Up to 56 hours of paid leave if the employer has 100 or more domestic workers.
–        Up to 40 hours of paid leave if the employer has 1-99 domestic workers. 

Employers should understand that even if their headcount decreases over the course of a calendar year, they cannot decrease the number of hours their employees are entitled to immediately.   Instead, the employer must continue to grant employees the higher level of hours until the following calendar year.
Further, if an employer’s headcount increases during the course of the year, the employer is responsible for providing the higher number of hours from the date of the increase until the end of the year. 

The new rules also modify when employees are eligible for ESSTA leave.  There is no longer a waiting period for eligibility.  Instead, employees begin accruing ESSTA leave immediately upon commencement of employment. 

Conveniently for employers, the new rules specifically address how to handle ESSTA leave for remote work employees.  Employees who regularly perform work in New York City can accrue ESSTA hours but only for work that is performed in New York City.  Employees who do not regularly perform work in New York City cannot accrue ESSTA hours despite having to report to work occasionally in New York City. 

Employers should also take note of the following requirements.  Paystubs must report accrual and use of ESSTA leave.  Employers can require an employee to provide reasonable notice prior to using ESSTA hours.  Employers can request written documentation when an employee uses three or more consecutive days of ESSTA leave. 

If an employer sells its business both the old and new employer are responsible for transferring accrual information.

Any non-compliance with the law and its new rules can result in penalties.   

If you are an employer impacted by any of the above changes, be sure to consult with your legal counsel and take steps to make sure your company practices and policies are in compliance.

More information can be found at DCWP – Workers – Worker Rights – Paid Safe and Sick Leave (nyc.gov)

New York City Workers’ Bill of Rights Requirement for 2024

Posted on

As New York City employers prepare to close out this year and make preparations for 2024, they should be aware of a new law impacting city employers and employees.  On December 4, New York City’s Mayor Adams enacted a “Workers’ Bill of Rights” law.  The law requires city employers to distribute a notice advising employees of their rights under federal, state and local law.  The notice will also indicate what rights are available to employees regardless of immigration status and will include information about the right to organize.    

The notice is yet to be prepared with the input of various organizations including the Department of Consumer Affairs and Worker Protection, the Mayor’s Office of Immigrant Affairs and the New York City Commission on Human Rights, and other employees’ rights groups.

The notice should be available no later than March 1, 2024 and the law will take effect in July of 2024.

Once the notice is available, employers will need to provide it to existing employees and new hires and post the notice in a conspicuous location in the workplace.  If an employer does not maintain a physical workspace, it will need to post the notice through an online system regularly used by both the employer and employees.

The notice must be provided in English and in any language spoken by at least five percent of the employer’s workforce.

After the first violation, an employer’s failure to comply with the law can result in a civil penalty of $500.00.

May you all have a happy and healthy start to the new year.   

Stronger Protections for Certain “Service Employees” in New Jersey

Posted on

In New Jersey, Governor Phil Murphy signed into law stronger protections for “service employees” impacted by changing ownership.  This law took effect on the 22nd of October but is narrowly tailored to certain specific occupations and certain specific types of employment locations.  It is designed to give the employees advance notice of a termination event and preserve their employment for a two month period.

 As defined by the law, a “service employee” is an individual working at a “covered location,” also defined by the law, who has worked there at least 60 days, is not a manager or professional employee, and works at least 16 hours a week. To fit within the “service employee” definition, employees must also be engaged in the following occupations: (i) building or property care and/or maintenance; (ii) passenger-related security services, cargo-related and ramp services, in-terminal and passenger handling and cleaning services at an airport; and (iii) food preparation services at primary or secondary schools or a tertiary educational institution.

The employment locations, or “covered locations,” subject to this law include multi-family residential buildings with more than 50 units; commercial centers, complexes or buildings of more than $100,000 square fee; primary and secondary schools or tertiary educational institutions; cultural centers or complexes; industrial sites or pharmaceutical labs; airport and train stations; certain hospitals; state courts; and distribution centers.

Qualifying service employees working at these types of employment locations are now legally entitled to 60 days advanced notice of the impending termination of a service contract or change of ownership.  Subject to certain exceptions, the successor employer must give affected service employees offers of employment and retain the employe at the location for 60 days or until the service contract is terminated, whichever is earlier.  Service employees cannot be terminated during the 60-day transition period without just cause.

If you are an employer impacted by any of the above new laws, be sure to consult with your legal counsel and take steps to make sure your company practices and policies are in compliance.

Planning for 2024: Minimum Wage Increases

Posted on

Businesses across the United States are now well into the third quarter of 2023.  It is naturally time to start thinking ahead to 2024 and there are several states in the Northeast who will experience a minimum wage increase on January 1, 2024.  Employers thinking ahead to the new year should start budgeting for the increased costs associated with the higher minimum wage.

Let’s start with New York.  In New York City as well as the Counties of Nassau, Suffolk and Westchester, the new 2024 minimum wage will be $16.00 per hour.  The minimum wage will rise to $15.00 elsewhere in the State.  In both 2025 and 2026, the minimum wage will increase an additional $.50 per year.  Thereafter, the minimum wage will increase at a rate determined by the Consumer Price Index.

In New Jersey, Governor Murphy announced a minimum wage increase to $15.13.  This exceeds the $15.00 goal set when Governor Murphy first passed the law incrementally increasing the State’s minimum wage.  Seasonal and small employers will see an increase to $13.73.  Agricultural workers’ minimum wage will now be $12.81.  The minimum cash wages for tipped workers will increase to $5.26 and long term care staff members will see an increase to $18.13.

Like New York and New Jersey, Connecticut instituted an incremental minimum wage increase to $15.00.  That minimum was already achieved but, in January 2024, the State’s first ever economic indicator adjustment will come into play increasing the minimum wage from $15.00 to $15.69.

Last but not least, we should acknowledge Pennsylvania’s first minimum wage increase since 2009.  In a close vote over this past summer, the Pennsylvania legislature passed a law incrementally increasing the minimum wage to $15.00 by 2026.  In January 2024, Pennsylvania’s minimum wage will increase from $7.25 to $11.00.

If your company operates in a state not mentioned above, it may be wise to research whether there is an upcoming minimum wage increase taking effect in 2024.

1 2 3 4 5 … 7