New York Employment Law

The New York State Human Rights Law was dramatically expanded in 2019 and is one of the most protective anti-discrimination statutes in the nation. It covers all employers with one or more employees for sexual harassment claims and four or more employees for other discrimination claims. The 2019 amendments lowered the harassment standard from "severe or pervasive" to any harassment that constitutes an inferior condition of employment, extended the statute of limitations, and eliminated caps on damages. There is no cap on compensatory or punitive damages.

New York Paid Family Leave provides eligible employees with job-protected, paid time off to bond with a new child, care for a close family member with a serious health condition, or assist when a family member is deployed abroad on active military service. The program covers all employers with one or more employees and is funded through employee payroll deductions. It provides up to 12 weeks of paid leave at 67% of the employee's average weekly wage, capped at a percentage of the statewide average weekly wage.

The New York Worker Adjustment and Retraining Notification (WARN) Act requires employers with 50 or more employees to provide 90 days' advance written notice before a mass layoff, plant closing, or relocation. New York's WARN Act is more protective than the federal WARN Act, with a lower employer threshold (50 vs. 100 employees) and a longer notice period (90 vs. 60 days).

Protects employees who report or threaten to report employer violations of law that create a substantial and specific danger to public health or safety. Significantly expanded in 2022 to cover all employers (previously only those with 10+ employees), extend the statute of limitations to 2 years, and broaden protected activities to include reporting any violation of law, rule, or regulation (not just health and safety dangers).

Provides specific whistleblower protection for healthcare employees who report improper quality of patient care. Covers employees of healthcare employers including hospitals, clinical laboratories, residential healthcare facilities, and other entities licensed under the Public Health Law, Education Law, or Mental Hygiene Law. Protects employees who disclose or threaten to disclose practices that constitute improper quality of patient care or that the employee reasonably believes violate applicable laws or regulations.

The NYCHRL is widely considered the broadest city-level anti-discrimination law in the United States. It covers employers with 4 or more employees (1 for gender-based harassment claims) and provides protections that go significantly beyond both federal and New York State law. Courts are required to construe the NYCHRL independently and liberally, rejecting federal and state standards that would narrow its scope.