Written By: 
David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq.
and Samantha Oberstein, Esq.
Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C.

New York City has taken a significant step in reinforcing workers’ rights with the recent passage of a bill that mandates an “Employee Bill of Rights.” This groundbreaking legislation will become effective on December 3, 2023, and aims to provide comprehensive protections and information to all employees, irrespective of their immigration status. This blog post delves into the key aspects of this bill, its implications for employers and employees, and the critical dates to keep in mind.

The Essence of the Bill:

The NYC Council’s decision to pass this bill underscores the city’s commitment to worker protection and inclusivity. The Department of Consumer and Worker Production (DCWP), in collaboration with various city agencies and organizations, is tasked with developing and publishing the workers’ bill of rights on the City’s website. This document will highlight pertinent federal, state, and local labor laws, affirm the right to unionize, and explicitly state that these protections are extended to individuals regardless of their immigration status.

Key Deadlines and Requirements:

Employers must be aware of several critical deadlines:
March 1, 2024: The final draft of the workers’ bill of rights must be posted on the City’s website in English and other designated languages.

July 1, 2024: Employers are required to distribute this bill of rights to all current employees and provide it to new hires on their first day.

Workplace Compliance:

In addition to distribution, employers must visibly post the bill of rights at their business premises and on their websites. Electronic communication with employees should also include access to this document. While the bill currently does not mandate the distribution to independent contractors, its scope covers all employers within New York City’s geographic boundaries.

Penalties and Compliance Window:

Non-compliance attracts a penalty of $500. However, employers have a 30-day grace period to rectify any violation post the initial complaint. This provision allows businesses to adapt to the new requirements without immediate penalization.

Community Outreach and Support:

The Mayor’s Office of Immigrant Affairs (MOIA) will lead community outreach initiatives to educate about the bill of rights. These efforts will include providing contact details for immigration legal assistance, guidance on dealing with immigration enforcement at workplaces, and information on federal eligibility for temporary protected status.

Conclusion:

The Employee Bill of Rights is a monumental step in safeguarding worker rights in New York City, emphasizing inclusivity and equal protection for all. Employers must stay informed and prepare to implement these changes effectively. For employees, this bill represents a significant stride towards a more secure and informed workforce, empowering them with knowledge about their rights and available resources.

Next Steps: For further information and updates, employers and employees are encouraged to visit the official NYC website and consult with legal experts to ensure full compliance and understanding of this new legislation.
 

Written by:
Gianfranco A. Pietrafesa, Esq.
​Zhao Li, Esq.
Archer & Greiner, P.C.

A new federal law, the Corporate Transparency Act (“CTA”), goes into effect on January 1, 2024. It is intended to prevent money laundering and other bad acts. Unless a company falls into one of twenty-three categories of companies exempt from reporting, it will be required to provide personal information about its owners and senior management (together, the group is known as “beneficial owners”) to FinCEN, which is part of the U.S. Treasury Department. The personal information includes a beneficial owner’s name, date of birth, home address, and driver’s license, passport or other form of government ID.
 
It is estimated that more than 30 million privately-held companies will be required to file reports under the CTA. The new law applies to both U.S. companies and foreign companies registered to do business in the U.S. A company formed or registered on and after January 1, 2024 must file a report within 90 days. A company formed or registered prior to January 1, 2024 must file a report by January 1, 2025.
 
A company should take immediate action to (1) analyze whether it is a reporting or exempt company, (2) determine who is a beneficial owner of the company (which may not be straightforward for many companies), and (3) collect personal information from beneficial owners. Take note that if a company fails to comply with the CTA, there are significant civil and criminal penalties on the company as well as its senior management and beneficial owners.
 
To understand your obligations under the CTA, we recommend that you review our advisory, which can be found here:
 
ARCHER & GREINER ADVISORY