As we head into a new year, it is important for employers to be aware of and plan for developments in various areas of employment law that have recently taken effect or will take effect in 2023. This alert highlights those changes, including (1) expanded protections for employees; (2) New York’s new gun laws; (3) wage and hour developments; and (4) COVID-19 updates. This alert also covers what employers can do to prepare for these developments.
Expanded Protections for Employees
On May 24, 2022, Governor Kathy Hochul signed into law the Adult Survivors Act. The law provides that “every civil claim or cause of action brought against any party alleging intentional or negligent acts or omissions by another party for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute” a “sexual offense” (as defined by Article 130 of the Penal Law) or incest, and that would otherwise be time-barred because of the applicable statute of limitations and/or the plaintiff’s previous failure to file a notice of claim or intention to file a claim, “is hereby revived.” The sexual offenses described in Article 130 all involve physical contact of some kind without consent. Under the new law, such plaintiffs may commence an action between Nov. 24, 2022, and Nov. 24, 2023. Prior dismissals of actions on the basis of being time-barred or because plaintiff failed to file a notice of claim or intention to file a claim are not grounds for dismissal of a...
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