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  • In a move that has been long-awaited by workers and advocates across New York, Governor Kathy Hochul has taken a decisive step to improve the lives of injured workers. She signed into law a bill that will not only increase the minimum weekly workers’ compensation benefit but also revolutionize the way these benefits are calculated, ensuring a fairer and more just system.

    A Boost In Workers’ Compensation Benefits

    The heart of this groundbreaking reform is the significant increase in the minimum weekly permanent and temporary partial disability benefits. As it stands, the minimum weekly benefit has remained stagnant since May 2013 at $150. However, with the signing of S1161/A2034, these benefits will see a remarkable transformation. In 2024, the minimum weekly benefit will rise to $275, providing immediate relief to workers who have long felt the weight of inadequate compensation.

    But that’s not all; the bill doesn’t stop at a one-time increase. In 2025, it will continue its upward trajectory, reaching $325 per week. These changes are not just about numbers; they’re about improving the lives of workers who depend on these benefits to make ends meet when faced with an injury.

    A Fairer And More Equitable Future

    The most transformative aspect of this reform is the indexing of minimum weekly benefits to the state’s average weekly wage, ensuring fair compensation for all injured workers. Beginning in 2026, these benefits will be linked directly to the state’s average weekly wage, the same metric used to adjust the maximum benefit.

    Under this new system, the minimum weekly benefit will be set at one-fifth of the average wage. This means that if an injured worker’s earnings fall below the threshold, they will receive full wages as compensation for their covered injury. This change is a game-changer for those who, in the past, were left with inadequate compensation due to lower incomes.

    This new law is a testament to the power of advocacy and the determination to create a more equitable society. It acknowledges the fundamental principle that every worker, regardless of their income, deserves fair compensation when faced with a work-related injury. Governor Hochul’s signature on this bill marks a historic moment for New York and a brighter future for its injured workers.

    Navigate The Future Of New York Labor Laws With GMS

    In light of these progressive changes in workers’ compensation benefits, the landscape of employment in New York is evolving rapidly. For businesses, this presents an excellent opportunity to demonstrate their commitment to their employees’ well-being while also staying compliant with the latest regulations. Partnering with a professional employer organization (PEO) like GMS is the key to confidently navigating these changes.

    PEOs offer guidance on navigating the intricacies of these new laws and provide tailored solutions to ensure your business is fully compliant. Partnering with us allows you to focus on what you do best – growing your business – while we handle the complexities of compliance, ultimately fostering a more productive, happier, and secure work environment for your employees. When you partner with us, we’ll lead the way by helping you embrace the future of workplace fairness. Contact us to learn more.

  • In an unprecedented move, the New York Legislature has ushered in a groundbreaking era with the passage of the highly anticipated Clean Slate Act. Awaiting the final stamp of approval from Governor Kathy Hochul, this transformative legislation aims to enhance the employment prospects of individuals with prior criminal histories, provided they have maintained a clean record in recent years.

    Once Governor Hochul signs this bill into law, the records of certain convictions will be automatically sealed after specific timeframes. This approach not only grants a fresh start to deserving individuals but also opens up a world of new employment avenues.

    Understanding The Act

    Let’s start with the basics. What does sealing a record mean? Sealing removes a person’s criminal record from public view though it can still be accessed through a court order.

    Once the act goes into effect, it would immediately seal the records of criminal convictions under state law as follows:

    • Misdemeanors: If there was no sentence of incarceration, these offenses would be sealed three years from the individual’s release from prison or the imposition of a non-custodial sentence. 
    • Felonies: Eight years following the individual’s release from prison, the records of these more serious offenses will be sealed. 

    It’s important to note that Class A-I felonies, which encompass crimes such as aggravated murder, terrorism, and certain sexual offenses, are not eligible for sealing. These exceptions ensure public safety while providing redemption for less severe offenses.

    Sealing records will become an automatic process, sparing individuals from navigating complex legal procedures. However, it’s crucial to highlight that automatic sealing will not occur if the convicted individual has pending criminal charges, is on probation, or remains under parole supervision when the stipulated time period elapses.

    Additional Actions That Come With The Act

    The Clean Slate Act goes above and beyond by extending its protective shield against discrimination. Employers will be prohibited from inquiring about sealed conviction records or discriminating against candidates or employees based on such records. This monumental amendment to the New York State Human Rights Law paves the way for a fairer and more inclusive job market, where individuals can be considered based on their present merits rather than past transgressions.

    While the sealed records will largely remain confidential, exceptions do exist in certain circumstances. For instance, entities mandated by state or federal law to conduct fingerprint-based background checks will still have access to these records. Similarly, organizations involved in child protection, elderly care, or working with vulnerable adults will be authorized to examine sealed records for the safety of those they serve.

    In addition, law enforcement officers conducting investigations and licensing officers processing firearm license applications may also access these records as necessary. It’s essential to recognize that the Clean Slate Act exclusively pertains to convictions under New York’s penal law and does not extend to federal or out-of-state criminal convictions.

    What This Means For Small Business Owners

    As a small business owner, the Clean Slate Act will empower you to consider candidates on their current qualifications and abilities, unburdened by the weight of past mistakes. By participating in this transformative movement, you can contribute to a society that values compassion, rehabilitation, and growth.

    While we await the final decision, you must prepare your business to ensure you remain compliant with all rules and regulations. Have you considered partnering with a professional employer organization (PEO)? A PEO like Group Management Services (GMS) can serve as a guiding hand through this transition. Our experts provide crucial compliance guidance, ensuring businesses adhere to the act’s regulations and develop non-discriminatory hiring practices. In addition, we can help you establish fair screening processes, help with HR support and training, and ensure accurate recordkeeping and compliance audits.

    By partnering with GMS, you can confidently navigate the complexities of the Clean Slate Act. Contact us today to learn how we can streamline your business operations while ensuring you remain compliant with evolving laws and regulations.

  • New York lawmakers have introduced a new bill, S.B. 5081, to strengthen safety measures for warehouse workers. This bill builds upon the existing Warehouse Worker Protection Act (S.B. 8922) that was passed in December 2022. The new bill requires companies with workers engaged in manual materials handling tasks to develop an injury reduction plan to minimize the risk of musculoskeletal injuries and disorders such as tendonitis, arthritis, sprains, and strains.

    This plan includes hiring a certified ergonomist to evaluate the worksite and gather input from workers. An ergonomist is a professional who studies, designs, and evaluates human work systems with the goal of optimizing the performance and safety of those systems. The bill also includes protections against retaliation to protect any worker who reports any issues. Furthermore, employers must promptly address any risk factors that have caused or could potentially cause musculoskeletal injuries and disorders.

    Partner With Us!

    If this bill that requires safety initiatives for warehouse workers to pass, a professional employer organization (PEO) like GMS can assist small business owners in a variety of ways. Our experts help you navigate complex employment laws and regulations. We will help you understand the requirements of this bill and ensure compliance with its provisions, including developing and implementing the necessary safety initiatives and injury reduction plans.

    In addition, our safety experts can conduct comprehensive risk assessments of the workplace to identify potential hazards and areas of non-compliance and implement measures to mitigate them effectively. Ultimately, we’re here to provide ongoing HR support to small business owners. We help you stay updated on any changes to laws or regulations, provide guidance on best practices for maintaining a safe workplace, and assist with resolving any safety-related issues that may arise. Contact us today to learn how we can help your business thrive.

  • On December 9th, 2022, Governor Kathy Hochul signed a new law, Bill S. 4844-B, for private sector employers throughout New York. These employers must meet the new time, space, and notice requirements for accommodating employees who breastfeed in the workplace. This must be in effect by June 7th, 2023.

    Current Law

    The current New York law, Section 206-c, requires private sector employers to provide reasonable unpaid or paid breaks each day to allow employees who need to nurse for a period of up to three years following the birth of a child. In addition, the current law requires employers to make reasonable efforts to provide these employees with a physical location where they can nurse privately.

    Understanding The New Law

    Bill S. 4844-B amends the Labor Law to expand and clarify the requirements. It now specifies that employers must provide all employees who are nursing with a reasonable break “each time such employee has a reasonable need” to breastfeed. In addition, the bill states that this private location cannot be a restroom, must be close to the employee’s work area in which it’s shielded from other employees, and free from intrusion from the public. The private area must also include the following:

    • Contain sufficient lighting
    • Have a chair
    • Have an open surface
    • Be close to clean, running water
    • Contain at least one electrical outlet

    Should your business have refrigerators, you must allow employees to use them for storing breast milk. For any company that cannot provide a temporary location for these employees that meets the above requirements, the bill exempts most of the requirements. However, should this be the case, you are still required to make reasonable efforts to provide a private area that’s not a restroom and is near the worker.

    Finally, the law states that the New York State Department of Labor (NYSDOL) will develop a model policy setting forth the right of nursing employees. Employers must provide the policy to every employee upon hiring and annually thereafter. In addition, when an employee returns to work following the birth of a child, they must be given a copy of NYSDOL’s written policy.

    How GMS Can Help

    Partnering with GMS allows you to remain compliant with the ever-changing rules and regulations. If you don’t already have a designated area for your nursing mothers, we work with you to ensure you follow the guidelines needed to comply with this new law. We take on the administrative burdens you don’t have the time or expertise to handle. Contact us today to learn more.

  • A decision made by New York State explained that manual workers could sue their company over their wages being paid late. In New York, how frequently one is required to pay a worker depends on how that work is classified. It’s vital to understand who’s considered a manual worker as they must be paid on a weekly basis, not biweekly.

    Who Is Considered A Manual Worker

    In New York, a manual worker is considered a mechanic, workingman, or laborer who spends more than 25 percent of working time performing physical labor. If employees spend at least 25% of their working time engaged in “physical labor,” they will be considered a manual worker. The term “physical labor” isn’t just limited to lifting heavy objects or the back-breaking work many will consider it to reference. Instead, the term includes any worker who completes “countless physical tasks.”

    Frequency Of Paying Manual Workers

    Manual workers in New York must be paid weekly and no later than seven calendar days after the end of the week for which the wages were earned. Large employers can also pay their manual workers semi-monthly, but they must apply to the Commission of Labor.

    However, if you’re working in an executive, administrative, or professional capacity and earning more than $900 a week, the pay frequency doesn’t apply. In addition, there are some cases an employee may be considered exempt from overtime purposes as a manual laborer under the pay frequency law.

    Exemption Eligibility 

    There are large employers that could potentially apply to the New York State Department of Labor for an exemption. To qualify for the exemption, an employer must have an average of 1,000+ employees in New York during the last three years. In addition, if you’re an employer with an average of 1,000+ employees in New York within the last year and an average of 3,000+ employees outside of New York in the previous three years.

    Is It Time For Your Business To Outsource Payroll?

    If you’re a small business owner who finds it challenging to keep up with laws and regulations, consider outsourcing your payroll functions to GMS. At GMS, we provide our clients with GMS Connect, an online payroll software where your employees can keep track of their paychecks. We ensure that all employees are paid the right amount on time. Contact us today.