Although New York Governor Hochul’s first State of the State address focused on efforts to emerge from the COVID-19 pandemic, she still managed to provide insight on a few key areas of labor and employment law that will affect New York employers in the coming year. Her January 5 address proposed several hot-button workplace law initiatives, but notably did not address the “gig worker” issue or announce any intention to propose a change to independent contractor classification, which was so often a focus of Governor Cuomo. Here is a review of the top six workplace law proposals floated by the governor during her address.
- Ban Non-Compete Agreements
In her address, Governor Hochul pledged to ban non-compete agreements in New York State for workers making below the median wage in the state. She also pledged to explicitly ban all “no-poach” agreements under state antitrust law.
- Increased Criminal Penalties for Employers Who Commit Wage Theft
Governor Hochul continued the state’s years-long focus on highlighting that “wage theft” is a form of theft, even if not necessarily viewed as such. The governor said she will propose legislation to increase criminal penalties for employers who knowingly or intentionally commit wage theft violations to more closely align with penalties for other forms of theft. We will be on the lookout throughout 2022 for proposed legislation and what it’s practical effects will be on employers.
- Modernize the Department of Labor
The governor spoke...
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