New York City Passes Law Requiring Employers to Post an Employee Bill of Rights

By: Paula Lopez, December 22, 2023

The New York City Council passed a “Workers’ Bill of Rights” bill, Int. No. 569-B on December 3, 2023. On December 4, 2023, the bill became law when it was returned unsigned by Mayor Adams without a veto. The law will go into effect on January 3, 2024. The law requires inter-agency cooperation in creating a “Worker’s Bill of Rights,” informing employees, prospective employees, and independent contractors working in New York City about their rights under federal, state and local law. The agencies involved in creating the “Worker’s Bill of Rights” include The New York City Department of Consumer and Worker Protection (DCWP), Mayor’s Office of Immigrant Affairs, the New York City Commission on Human Rights, and community and labor organization identified by the Commissioner of DCWP.

The “Workers’ Bill of Rights” must be published on the City’s website no later than March 1, 2024. It must be posted in English, the designated citywide languages, temporary languages, and must expressly identify “which rights apply to workers regardless of immigration status” as well as “include information about the right to organize a union.” Beginning on July 1, 2024, New York City Employers are required to distribute the City-created “Workers’ Bill of Rights” to existing employees, and to each new employee on such employee’s first day of work. The law also requires each employer to conspicuously post the “Workers’ Bill of Rights” at its place of business in an area “accessible and visible” to employees. The “Workers’ Bill of Rights” must be posted in English and the language spoken by at least 5% its employees. Employers who regularly communicate with their employees through electronic means are also required to make the notice available online or through their mobile application.

An employer who violates the law is liable for a $500 civil penalty for a first violation but will be given the opportunity to correct the violation within 30 days and avoid the penalty. This opportunity to cure appears to be limited to a first-time violation.

Beginning in March 2024, New York City employers should look out for publication of the Worker’s Bill of Rights and take the necessary steps to comply with the notice requirements.