As you wrap up your 2024 strategic planning and prepare for the holidays, it’s crucial to ensure your employment policies align with the latest legal standards. Whether you’re a risk manager, CEO, funeral director, small business owner, or licensed professional, this guide will help you navigate some of the top issues in New York employment law today.
Paid Safe and Sick Leave
Now is a great time to review your policies on sick pay. For small businesses facing financial constraints, consider paying only the mandatory sick days as they accrue. Many employers adopt a Paid Time Off policy mirroring the law.
Remember, you can’t request documentation until an employee has been absent for more than three consecutive days.
If you’re grappling with an employee potentially abusing sick leave, reach out for expert advice.
Retaliation
Dealing with frequent absenteeism? Exercise caution to avoid even the appearance of retaliation. As a fellow small business owner, I understand the challenges of working closely with your team. When your key players don’t show up, you’re often the one who has to do their jobs, too.
Maintaining composure is key under these circumstances. Trust that the abusers will soon self-select termination and move on. Make sure they will do so without sufficient evidence of any valid claims against you.
Use of Artificial Intelligence in Hiring
AI tools are being used to assist employers in selecting great candidates for employment. But many of the tools carry the biases of the humans that created them. You may not use these in New York unless they have passed a bias audit and you notify candidates of the results.
Pay Transparency in Hiring
While you’re giving notices to potential employees, don’t forget to post the minimum and maximum pay range for the position. This also enhances transparency, fosters trust, and aligns with evolving expectations in the job market.
Social Media Privacy
Ensure your social media policy respects privacy. Avoid requesting passwords or compromising candidate privacy. You can try to use public social media information in your decision-making, but be careful not to violate anyone’s privacy or allow your biases to drive you. The more you focus on the essential functions of a job and objective evidence that an individual can or cannot perform them, the less likely you are to misstep.
Mandatory Postings
While traditional bulletin boards still work, electronic postings are now mandatory in New York. Utilize websites, emails, shared folders, etc., to ensure employees have easy access to vital information about minimum wage, workers’ compensation, and sick pay.
Mandatory Retirement Plans
If you have more than five employees in New York City, you might be required to offer a retirement savings plan option for your employees. My trusted colleague, Paychex’s Lauren Folland, can answer some of your questions about this and possibly help you set up the plan. I can also refer you to a few financial advisors or banks that have experience with these.
Mandatory Unemployment Insurance Notices
For those parting ways with employees, ensure compliance by providing the IA-12.3 Record of Employment and UI notice. Stay proactive in meeting your obligations during employment transitions.
Conclusion
A comprehensive year-end review of your employment policies is a proactive step towards legal compliance and a harmonious workplace. Let’s make 2024 your best year yet!
Have questions about your employee policies?
https://thirdearcr.com/written-employee-policies-are-insufficient/