Paid Sick Leave Law Impacts All New York Employers Starting September 30, 2020
Sep 05, 2020
Paid Sick Leave Law Impacts all New York Employers


If your current paid time off (PTO), vacation, or paid sick time policies do not meet or exceed the new standard set by the New York State Paid Sick Leave Law, SimcoHR can assist you with putting together a policy that satisfies this requirement. Give us a call at (585) 750-3246.


On April 3, 2020, New York enacted a long-expected statewide Paid Sick Leave Law impacting all private employers in NY. The law’s leave accrual provisions take effect September 30, 2020; however, employers are not required to provide sick leave to any employee until January 1, 2021.


Under the law, sick leave must be accrued by each employee at a rate of 1 hour per 30 hours worked. The total amount of sick leave for which an employee is eligible in a calendar year, and whether such leave is paid or unpaid, depends on the size of the employer, as follows:


  • For an employer with 4 or fewer employees in any calendar year and net income of $1 million or less in the previous tax year, each employee is entitled to up to 40 hours of unpaid sick leave;


  • For employers with 4 or fewer employees in any calendar year and net income greater than $1 million in the previous tax year, each employee is entitled to up to 40 hours of paid sick leave;


  • For employers with between 5 and 99 employees in any calendar year, each employee is entitled to up to 40 hours of paid sick leave; and


  • For employers with 100 or more employees in any calendar year, each employee is entitled to up to 56 hours of paid sick leave.


An employee may use leave in partial-day increments, but an employer may set a minimum increment of not more than four hours. Unused sick leave must be carried over to the next calendar year, but an employer may cap annual usage at 40 hours (for small employers) or 56 hours (for employers with 100 or more employees).


Qualifying reasons for the use of sick leave include:

A mental or physical illness, injury, or health condition of the employee or a family member, regardless of whether such illness, injury, or condition has been diagnosed or requires medical care at the time (that leave is requested);


The diagnosis, care, or treatment of a mental or physical illness, injury, or health condition of, or


the need for medical diagnosis of, or preventive care” for the employee or a family member; or


An absence from work due to any of the following reasons when the employee or a family member has been the victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking: to obtain services from a domestic violence shelter, rape crisis center, or other services program.


  • To participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members;
  • To meet with an attorney or other social services provider to obtain information and advice on and prepare for or participate in any criminal or civil proceeding;
  • To file a complaint or domestic incident report with law enforcement;
  • To meet with a district attorney’s office;
  • To enroll children in a new school; or
  • To take any other actions necessary to ensure the health or safety of the employee or the employee’s family member or to protect those who associate or work with the employee.
  • The law also restricts the information an employer can request from an employee requesting paid sick leave, like disclosure restrictions in some local sick leave laws, such as the New York City Safe and Sick Leave Act.


Paid sick leave must be paid at the employee’s regular rate of pay. Upon returning to work following leave, an employee must be restored to the same job position with the same pay and other terms and conditions of employment.


An employer is not required to pay out unused sick leave upon an employee’s termination, resignation, retirement, or other separation from employment.

If an employer’s voluntary sick leave policy already meets or exceeds all requirements of the new sick leave statute, the employer is not required to provide any additional leave.


The law permits a unionized employer to negotiate to provide a comparable benefit, in the form of leave, compensation, other employee benefits, or some combination thereof, in lieu of the sick leave required under the law, provided that the collective bargaining agreement refers specifically to the paid sick leave law.


New York employers may want to consider initiating the following measures before the law’s effective date:

  • Reviewing current sick leave policies and updating, as necessary;
  • Monitoring and reviewing guidance published by the New York State Department of Labor; and
  • Training supervisory and managerial employees, as well as human resources professionals, on the requirements of the law.

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DOL Issues Guidance on AI-related Wage and Hour Risks

11 May, 2024
On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published Field Assistance Bulletin (FAB) No. 2024-1 on the use of artificial intelligence (AI) in the workplace. The FAB follows a statement released by the White House announcing key AI-related actions following President Joe Biden’s executive order issued on Oct. 30, 2023, on establishing standards for AI safety and security. Guidance on AI-related Wage and Hour Risks Employers are increasingly using AI tools to generate timecards, set schedules, monitor performance, track employee hours and process payroll. As such, the FAB highlights certain compliance risks under the Fair Labor Standards Act (FLSA) for employers using these tools. These risks include: Tracking employee work time; Monitoring employee break and waiting time; Using location-based monitoring for individuals performing work at multiple geographic locations; Calculating employees’ regular rate of pay and overtime compensation; and Violating the FLSA’s antiretaliation provisions To aid employers in addressing these compliance risks, the WHD identifies recommended practices, including exercising proper human oversight, to help ensure that AI systems and tools do not violate the FLSA. Additional AI-related Guidance In addition to addressing FLSA compliance risks, the FAB also examines certain AI-related risks that may arise under other laws, including the Family and Medical Leave Act (FMLA), the Providing Urgent Protections for Nursing Mothers Act (PUMP Act) and the Employee Polygraph Protection Act (EPPA). For example, using AI tools to administer FMLA leave can create potential risks for violating the law’s certification requirements when determining whether an employee’s leave is FMLA-qualifying. Employer Action Items While FABs are not necessarily legally binding, they offer insight into how the DOL interprets laws it enforces and how agency officers will analyze workplace conditions and circumstances to enforce compliance.  Using AI systems for scheduling, timekeeping and calculating rates of pay and overtime may increase an employer’s risk under the FLSA. Therefore, employers should ensure that their AI systems and tools comply with all federal laws and regulations by examining potential legal and business risks associated with AI, implementing AI usage policies and establishing internal best practices.

Nurturing Your Mind: Embracing Mental Health Awareness Month

30 Apr, 2024
As we step into May, we're reminded of the importance of mental health and well-being. May marks Mental Health Awareness Month, offering us an opportunity to renew our commitment to nurturing our minds and fostering supportive environments, both in and out of the workplace. In this blog post, we'll explore practical strategies for enhancing mental health, including small tips that can refresh you mentally during the workday. Embracing Self-Care Amid life's hustle and bustle, it's crucial to carve out time for self-care. Whether it's practicing mindfulness, engaging in hobbies, or simply taking a moment to breathe deeply, prioritizing self-care nurtures mental resilience and fosters a sense of inner peace. Cultivating Work-Life Balance In today's fast-paced world, achieving a healthy work-life balance is essential for mental well-being. Set boundaries between work and personal life, establish a routine that includes breaks and leisure activities, and strive to unplug from technology during downtime. Remember, balance is key to sustaining productivity and happiness. Fostering a Supportive Workplace Culture Employers play a pivotal role in promoting mental health in the workplace. Encourage open dialogue about mental health, offer resources such as counseling services or mental health days, and prioritize flexibility to accommodate employees' well-being needs. By fostering a supportive culture, organizations cultivate environments where employees feel valued, understood, and empowered to prioritize their mental health. Supporting Loved Ones If someone you care about is struggling with mental health challenges, your support can make a significant difference. Listen without judgment, offer empathy and reassurance, and encourage them to seek professional help if needed. Remember, your presence and understanding can provide comfort and strength during difficult times. Practicing Gratitude Gratitude is a powerful tool for enhancing mental well-being. Take time each day to reflect on moments of gratitude, whether it's appreciating the beauty of nature, expressing gratitude for supportive relationships, or acknowledging personal achievements. Cultivating a mindset of gratitude fosters resilience and enhances overall happiness. Small Tips to Refresh Your Mind During the Workday  Take short breaks: Step away from your desk for a few minutes to stretch, walk around, or simply gaze out the window. These brief pauses can rejuvenate your mind and boost productivity. Practice deep breathing: Incorporate deep breathing exercises into your day to reduce stress and promote relaxation. Close your eyes, inhale deeply through your nose, hold for a few seconds, and exhale slowly through your mouth. Connect with nature: Spend time outdoors during your lunch break or coffee breaks. Even a brief stroll in a nearby park or green space can invigorate your senses and clear your mind. Listen to music: Create a playlist of soothing music or uplifting tunes to listen to during work breaks. Music has the power to uplift your mood, reduce anxiety, and enhance focus. Stay hydrated: Drink plenty of water throughout the day to stay hydrated and maintain mental alertness. Dehydration can impair cognitive function, so keep a water bottle handy and sip regularly. Practice mindfulness: Take a few moments to practice mindfulness or meditation exercises. Focus on your breath, observe your thoughts without judgment, and cultivate a sense of presence and calm. Declutter your workspace: A clutter-free workspace can promote mental clarity and productivity. Take a few minutes to tidy up your desk, organize files, and create a calming environment conducive to focus. Engage in positive self-talk: Replace negative self-talk with affirming and encouraging statements. Remind yourself of your strengths, accomplishments, and capabilities, and cultivate a mindset of self-compassion and resilience. Connect with colleagues: Build supportive relationships with coworkers by engaging in meaningful conversations, sharing experiences, and offering mutual support. A sense of camaraderie and connection can foster a positive work environment and bolster mental well-being. As Mental Health Awareness Month unfolds, let's commit to nurturing our minds and supporting those around us. By embracing self-care, fostering work-life balance, promoting workplace well-being, and offering compassionate support to loved ones, we contribute to a culture of mental health awareness and resilience. Remember, you are not alone. Reach out for support if you need it, and let's journey toward better mental health together.

DOL Announces Final Overtime Rule Increasing Salary Levels for White-collar Employees

30 Apr, 2024
On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule to amend current requirements employees in white-collar occupations must satisfy to qualify for an overtime exemption under the Fair Labor Standards Act (FLSA). The final rule will take effect on July 1, 2024. Increased Salary Level The FLSA white-collar exemptions apply to individuals in executive, administrative, professional, and some outside sales and computer-related occupations. Some highly compensated employees may also qualify for the FLSA white-collar overtime exemption. To qualify for this exemption, white-collar employees must satisfy the standard salary level test, among other criteria. This salary level is a wage threshold that white-collar employees must receive to qualify for the exemption. Starting July 1, 2024, the DOL’s final rule increases the standard salary level from: $684 to $844 per week ($35,568 to $43,888 per year); and $107,432 to $132,964 per year for highly compensated employees. On Jan. 1, 2025, the standard salary level will then increase from: $844 to $1,128 per week ($43,888 to $58,656 per year); and $132,964 to $151,164 per year for highly compensated employees. Automatic Updates The DOL’s final rule also includes mechanisms allowing the agency to automatically update the white-collar salary level thresholds without having to rely on the rulemaking process. Effective July 1, 2027, and every three years thereafter, the DOL will increase the standard salary level. The agency will apply up-to-date wage data to determine new salary levels. Impact on Employers The first salary level increase in July is expected to impact nearly 1 million workers, while the second increase in January is expected to affect approximately 3 million workers. Employers should become familiar with the final rule and evaluate what changes they may need to adopt to comply with the rule’s requirements. Legal challenges to the rule are anticipated, which may delay the final rule’s implementation.

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