NYC Employers Required to Distribute Bill of Rights to All Employees by Summer 2024

New York City recently enacted a law requiring businesses to provide a “workers’ Bill of Rights” to employees – so you should add this new requirement to your 2024 to-do list. The New York City Council passed the measure which will soon require employers to notify workers about their rights under various civil rights and other employment laws. The mayor finalized the process by returning the bill to the City Council on December 4 and ensuring it would become law. You have questions about this new law – and we have the answers.

What is the Bill of Rights?

Essentially, the Bill of Rights will be a reference tool for employees regarding the rights and protections federal, state, and local laws provided to employees, job applicants and independent contractors in the City, regardless of immigration status. The Bill of Rights will also provide information about employees’ rights to form a union.

When Will the Bill of Rights Be Made Available?

The Department of Consumer and Worker Production (DCWP), in coordination with the Mayor’s Office of Immigrant Affairs (MOIA), the New York City Commission on Human Rights, and certain community and labor organizations will lead a coordinated effort to prepare the workers’ Bill of Rights. These individual agencies and organizations tasked with finalizing it must complete and post the final draft on the City’s website no later than March 1, 2024.

What Will Be Required of Employers?

• By July 1, 2024, employers must provide a copy of the Bill of Rights to each of their current employees.
• Thereafter, covered employers will need to distribute it to new hires on an employee’s first day of work.
• Employers will also be required to post the Bill of Rights in an area of the worksite that is both accessible and visible to employees.
• Businesses that use a website or mobile application to regularly communicate with employees will also be required to post the notice through those means.
• The Bill of Rights will need to be provided in English and any language spoken as the primary language by at least 5% of the workforce, provided the City has published it in the applicable language.

What are the Consequences of Non-Compliance?

If an employer fails to provide or post the required Bill of Rights, they will face a $500 penalty. First time violators will be provided an opportunity to cure. 

Conclusion

We will continue to monitor legislative developments – including the release of the Bill of Rights in 2024 – so make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information directly to your inbox. If you have questions about this bill and whether your policies comply with workplace and other applicable laws, contact your Fisher Phillips attorney, the authors of this Insight, or any attorney in our New York City office.