September Legislative Update

By Hinman Straub

As we enter fall, our advocacy around the proposed treated seed ban (neonics, or the “Birds and the Bees” bill as it is known) continues but at this time the bill has not been delivered to the Governor. The Governor’s office is hearing from advocates and opponents of the bill and considering all feedback. We will continue our advocacy on this critical issue, independently and with partners. We will keep you up to date as this issue develops. 

However, the Governor has taken action on a number of other bills of interest, which have been summarized below. 

Prohibits Requesting Employee Login and Personal Account Information (S2518a, Ramos - A836 Dinowitz) 

This law prohibits employers from requesting, requiring, or coercing employees or potential employees personal account and login information except for login information related to the employer’s internal computer or information systems. The employer cannot discipline, penalize or threaten an employee for refusal in providing such information and cannot refuse to hire any applicant for failing to disclose such information. Employers are permitted to view, access or utilize information regarding an employee or applicant available in the public domain.

Status: Chapter 367 of the Laws of 2023

Effective Date: This act shall take effect on the one hundred eightieth day after it shall have become a law.

Agriculture Technology Challenge (S1723a, Skoufis – A1528a, Woerner)

This law establishes an agriculture technology competition for students and 4-H

program participants.

Status: Chapter 280 of the Laws of 2023

Effective Date: This act shall take effect immediately. 

Employee Freedom of Speech and Conscience (S4982 Ramos - A6604 Reyes)

This law prohibits employers and employment agencies from discriminatory practices by establish employees’ right to refuse to attend employer-sponsored meetings, listen to speech, or view communications with the primary purpose of communicating the employer’s opinion concerning religious or political matters. “Political matters” are defined as those “relating to elections for political office, political parties, legislation, regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization.” “Religious matters” means those “relating to religious affiliation and practice and the decision to join or support any religious organization or association.”  

Status: Chapter 354 of the Laws of 2023

Effective Date: This act shall take effect immediately; provided, however that the amendments to section 399-c of the vehicle and traffic law made by section two of this act shall expire and be deemed repealed one year after it shall have become a law, when upon such date the provisions of sections three, four, five, six, seven and eleven of this act shall take effect; and provided further that the amendments to paragraph 1 of subsection (a) of section 2336 of the insurance law made by section eleven of this act shall be subject to the expiration and reversion of such subsection when upon such date the provisions of section twelve of this act shall take effect.

Wage Payment Protections (S5572, Gounardes - A6796, Burgos) 

This law amends the wage theft law in New York to increase the wage limits beyond which executive, administrative, or professional employees cannot seek help from the state in recovering owed compensation from $900 a week to $1,300 a week.

Status: Chapter 433 of the Laws of 2023

Effective Date: This act shall take effect on the one hundred eightieth day after it shall have become a law.

Protections Against Discrimination Based on Gender Identity or Expression(S7382, Hoylman-Sigal - A7355 Simone)

This law adds to the protected classes under New York’s Human Rights Law relating to interns, precluding all employers within the State from discriminating against an intern based on their “gender identity or expression.”

Status: Chapter 305 of the Laws of 2023

Effective Date: This act shall take effect immediately.