New York Employment Laws 2022

Recently, a bill was introduced in the New York City Council that would make it illegal for employers to fire most employees without a good reason. This is an important development because it provides greater job security for workers and ensures that the laws hold employers accountable for their actions.

What should you know about the proposed bill and what it means for New York City workers?

What Would the Bill Do?

The new bill seeks to give workers more protection against unjust termination by making it illegal for most employers in New York City to fire employees without just cause. The law means that termination can only legally occur if an employer demonstrates one of the following:

Misconduct
Unsatisfactory performance
Genuine economic need to eliminate their position

Anyone who believes they were terminated without just cause could be eligible to file a claim against their employer.

Many workers’ rights advocates are enthusiastic about the proposed bill. They believe it’s an important step towards protecting workers from unfair dismissal and transforming the balance of power between employers and employees.

NYC already has two laws in place that protect tens of thousands of fast-food workers. These laws took effect in July 2021, making New York one of the only places in the nation to provide protection to non-union, private-sector workers.

Labor advocates said the legislation brings more job stability for vulnerable employees. It also empowers them to speak up about wrongdoing and shields them from termination for capricious reasons.

Does the Bill Protect Everyone?

The proposed bill applies to most workers in New York City.

It does not cover independent contractors (ICs). ICs are not protected because they don’t meet certain criteria of employment, such as working set hours or having taxes withheld from their paychecks. The bill also includes “carve-outs” for construction companies and for short-term positions.

Additionally, the bill blocks employers from using technology to surveil and assess worker performance. And it allows the city comptroller to bring cases on behalf of fired employees, even if they previously agreed to “forced arbitration” and not to sue.

Implications of the Bill

If passed, this bill could have far-reaching implications on how businesses operate in New York City. It will lead to greater job security for workers and ensure that employers are held accountable when they choose to terminate someone. It could also lead to fewer wrongful termination lawsuits.

The proposed bill in the New York City Council is an important step towards providing greater protection for employees. It provides greater job security for workers and will lead to fewer wrongful termination lawsuits.

To learn more about the potential for this bill or your employee rights in general, contact Borrelli & Associates, P.L.L.C.