Gov. Kathy Hochul signed four bills amending the New York Labor Law this month regarding (1) employers demanding social media account information from applicants and employees, (2) providing notice of eligibility of unemployment benefits to terminated employees, (3) prohibiting mandatory meetings at work about political and religious beliefs, and (4) invention assignment provisions contained in employment agreements. This alert summarizes those laws and what employers need to know about them.
Gov. Hochul signed legislation prohibiting employers from requesting or requiring employees or applicants to disclose any username, password or other means to access their personal accounts (like social media accounts), thereby bringing New York in line with 26 other states with similar prohibitions. A “personal account” is any account or profile used by the employee or applicant exclusively for personal purposes.
The law makes it “unlawful for any employer to request, require or coerce any employee or applicant for employment to” do the following:
The law provides that employers cannot discharge, discipline or otherwise penalize, or threaten to discharge, discipline or otherwise penalize, employees who refuse to disclose access information to their personal accounts. Employers also cannot refuse to hire an applicant if the applicant refuses to disclose their personal account information. Employers, however, are permitted to require an employee to disclose any username, password or other means for accessing nonpersonal accounts that provide access to the employer’s internal computer or information systems.
In addition, nothing under the law prohibits employers from taking the following actions:
In addition, if the employee or applicant voluntarily adds the employer, agent of the employer or employment agency to their list of contacts associated with their personal account, then it is not unlawful for an employer to access the personal account in that way. For example, if an employee sends a friend request on a social media account to their manager and the manager accepts the request, thereby gaining access to the employee’s account as a viewer, viewing the personal account in that way is lawful.
It is an affirmative defense under the law if the employer can show it acted to comply with the requirements of federal, state or local law.
The law takes effect on March 12, 2024.
Gov. Hochul also signed legislation regarding notification of unemployment benefits.
Existing law requires employers to inform employees upon a permanent or indefinite separation of their right to file an application for unemployment. Under the new law, the same notice must be given not only for every permanent or indefinite separation but also for any reduction in hours, temporary separation, or any other interruption of continued employment that results in total or partial unemployment. The notice must be in writing on a form furnished or approved by the Department of Labor (DOL) and include the employer’s name and registration number and the address of the employer to which a request for remuneration and employment information must be directed. The DOL already has an approved form notice pursuant to existing regulations.
The law goes into effect on Nov. 13, 2023.
Gov. Hochul also signed legislation regarding political and religious meetings at work. As discussed in our prior client alert on this topic, effective immediately employers are prohibited from discriminating against employees for their refusal to attend employer-sponsored meetings with their employer or its representatives, or listen to a speech or view communications, where the primary purpose is to communicate the employer’s opinion concerning political or religious matters. The law does not apply to an employer’s “managerial or supervisory employees” and also does not apply to nonmandatory “casual conversations” in the workplace.
Importantly, employers are immediately required to post a sign or notice in the workplace informing employees of their rights pursuant to the law. We expect that the DOL will publish a form of notice for employers to use.
Finally, Gov. Hochul signed legislation on Sept. 15, effective immediately, regarding invention assignment provisions in employment agreements. The law provides that any provision in an employment agreement providing that an employee shall assign, or offer to assign, any of their rights in an invention to their employer shall not apply to inventions they developed “entirely” on their own time without using the employer’s equipment, supplies, facilities or trade secret information. The law does not apply to inventions that (1) “relate at the time of conception or reduction to practice” to the employer’s business or anticipated research or development or (2) result from any work performed by the employee for the employer. Any existing provisions that conflict with this new law are unenforceable.