Listen to this post

Since the odds of any significant federal legislation coming down the pike rest somewhere between zero and zero, we have to look to state legislatures and local entities for “excitement”.

And for Connecticut employers, it’s time to anxiously await the developments from the General Assembly.

But down I-95 (or I-84, if you’re near Danbury), there have been a few developments that employers in Connecticut and New York should be aware of. If you have New York-based remote employees, some of these laws may apply to you as well. (As always, consult with your counsel about the specific application to your business.)

Here are a few items that Connecticut employers who have employees in New York City and New York state, and New York-based employers should be aware of:

  • On April 6, 2023, NYC’s Department of Consumer and Worker Protection issued final rules to enforce the local law that prohibits employers in New York City from using automated employment decision tools (typically artificial intelligence) to screen candidates, without otherwise meeting certain criteria. If you are considering using such tools, be sure to check out the rules here and consult with your outside counsel further.
  • On April 11, 2023, the New York State Department of Labor issued its final version of the Sexual Harassment Model Policy, which provides employers with a template here. There is also a new training video and model training slides that can be used. Employers that don’t use the model policy have to be sure that its policy meets certain minimum standards. Again, employers should have their outside counsel review such policies.
  • On March 3, 2023, New York Governor Hochul signed an amendment to New York’s pay transparency law that will take effect on September 17, 2023 making it clear that the law applies to posting for jobs that will be physically performed in the state but also to those jobs which will report to a supervisor, office or other site in New York. Employers who advertise jobs in New York state should be aware and should again consult with legal counsel about this.