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New York enacts three worker protection laws

New York enacts three worker protection laws

Gov. Kathy Hochul has signed three laws addressing union impersonation, last-minute construction schedule changes and employee access to personnel records.

The measures create financial penalties for people who falsely claim to represent a union, expand reporting-pay protections for construction workers and require employers to provide workers with access to their personnel files.

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Union communications and construction pay

One law, A.10835-A/S.9577-A, allows the state attorney general to seek $1,000 in damages for each violation involving a person who fraudulently presents themselves as a union representative.

Supporters said deceptive messages can confuse public employees, collect protected personal information and interfere with lawful union activity. The law gives the attorney general a specific remedy against those practices.

A second law, A.6950/S.9843, establishes the Construction Reporting Pay Act. It requires employers to pay a construction worker for two hours at the worker's regular rate when a shift is canceled with less than 12 hours' notice.

When a worker reports to a job site and is sent home without cause, the law requires four hours of pay at the regular rate. The previous standard called for four hours at minimum wage upon reporting.

Lawmakers said construction schedules can change with little warning and workers should not bear the cost of travel and lost time when employers cancel promised work.

Access to personnel records

The third measure, A.2107/S.3460, guarantees employees access to the personnel files maintained by their employers. It also requires employers to notify workers when negative information is added.

Supporters said access gives employees an opportunity to understand and respond to records that could affect their jobs. New York joins at least 17 other states with a personnel-file access requirement, according to the governor's office.

The release announcing the laws did not list separate effective dates or implementation regulations. Employers and workers may need additional guidance on procedures for requesting records and documenting schedule cancellations.

Labor organizations including the New York State AFL-CIO, New York State United Teachers, Civil Service Employees Association, AFSCME District Council 37 and the state Building Trades praised the measures.

Hochul signed the bills during the state's annual Labor Appreciation Reception at the CUNY School of Labor and Urban Studies.