Sep 7, 2022
Governor Kathy Hochul today highlighted New York's labor and workforce accomplishments, in celebration of Labor Day. In her first year in office, the Governor worked diligently to enact a nation-leading worker agenda, including: increasing wages and benefits, strengthening paid family leave, expanding prevailing wage to cover more workers, connecting job seekers to employment opportunities, helping ensure retirement security for private sector workers and closing loopholes to more effectively fight wage theft. Additionally, the Governor's administration is protecting workers from discrimination, harassment, abuse, and the dangers of COVID-19 in the workplace; aiding New Yorkers who were shut out of pandemic aid; establishing a new Office of Strategic Workforce Development and creating training opportunities for all New Yorkers.
"On Labor Day, we honor the American organized labor movement's fight for workers' rights and protections, as we recommit to the fight for fair wages, quality health care, and the dignity and respect all New York workers deserve," Governor Hochul said. "The State of New York has made tremendous progress in strengthening the rights and protections of our workforce, but we are far from over. Millions of New York families, including my own, were lifted out of poverty because they held a union card, and my administration will continue making sure all New Yorkers have the benefits and opportunities they need and deserve."
IMPROVED WAGES AND BENEFITS
- Prevailing Wage for Building Service Employees in Condos and Co-Ops. In September 2021, Governor Hochul signed S.6350-A/A.7434-A) which requires the payment of prevailing wage to building service employees at high-end co-ops and condos that receive tax abatements under section 467a of the tax law.
- Prevailing Wages for Aggregate hauling. In December, 2021, Governor Hochul signed A.1106-B / S.255-B, which requires prevailing wages to be paid for work performed on public work projects for any work involving the delivery to and hauling from such projects of aggregate supply construction materials, and any return hauls, whether empty or loaded and any time spent loading and unloading.
- NY SUN. In December 2021, Governor Hochul announced that NY-Sun supported projects that are greater than one megawatt be paid the applicable prevailing wage, demonstrating the State's commitment to ensuring projects create quality, family-sustaining jobs for New Yorkers and planning for a just transition.
- Ensuring Retirement Security for Private Sector Employees. In October 2021, Governor Hochul signed S.5395-A/A.3213-A which requires that private sector employers who do not provide their employees with a retirement plan, automatically enroll their employees in New York State's Secure Choice Savings Plan. This plan promotes retirement saving in a convenient, low cost, and portable manner. Employees are able to opt-out of the program at any time. In January 2022, Governor Hochul announced the convening of the New York Secure Choice Savings Program Board, which directed the Department of Taxation and Finance to undertake the implementation of the program.
- Distribution of $2.1 Billion in Excluded Worker Funds. Under Governor Hochul, New York State has distributed more than $2 billion to over 128,000 residents through the first-in-the-nation Excluded Workers Fund, providing a critical lifeline for many of the state's most vulnerable workers during the pandemic.
- Tourism Worker Stipend. In November 2021, Governor Kathy Hochul introduced New York State's Tourism Worker Recovery Fund. This $100 million program will provide one-time stimulus payments of $2,750 to as many as 36,000 workers in select tourism sectors who have been displaced from employment because these sectors and jobs were least likely to have returned following the pandemic.
- Increased Overtime Pay to combat COVID staffing shortages. In September 2021, Governor Hochul announced a pilot program to provide nurses and other critical patient-facing health care professionals and hospital employees at State University of New York hospitals with up to two and a half times overtime, which is normally at one and a half times pay. Staff at SUNY's three hospitals are eligible to participate: SUNY Downstate Health & Sciences, Stony Brook University Hospital, and Upstate University Hospital.
- Health Care Bonus Worker Program. The FY2023 Enacted Budget establishes the Health Care and Mental Hygiene Worker Bonus program, which includes $1.3 billion allocated for the payment of recruitment and retention bonuses to certain health care and mental hygiene workers. The program launched in August 2022 with an online portal that allows eligible employers to disburse funds to qualified employees.
- Cost of Living Adjustments for Human Services Workers. The FY2023 Enacted Budget includes $500 million for cost-of-living adjustments to raise wages for human services workers, and a 5.4 percent cost of living adjustment for human services workers.
- Increased Minimum Wage for Home Care Workers. The FY2023 Enacted Budget includes $7.7 billion over four years to increase the home care worker minimum wage by $3.
- Investing in the Child Care Workforce. The FY2023 Enacted Budget invests $343 million to provide a second round of stabilization grants, with 75% of the grants dedicated to workforce supports, including wage increases, bonuses, tuition reimbursement, and contributions to staff retirement plans and health insurance costs.
- Prevailing Wage for Renewable Energy Projects. In July 2022, Governor Hochul signed legislation (A.9598/S.8648) that requires prevailing wage for renewable energy projects one megawatt and larger that involve the procurement of renewable energy credits from a public entity.
- Green CHIPS. In August 2022, Governor Hochul announced legislation (S.9467/ A.10507) to boost New York's semiconductor manufacturing industry that requires prevailing wage rates for project construction and ensures significant private sector investment in workforce and community development, including training and education benefits and programs to expand employment opportunity for economically disadvantaged individuals.
- Increased Pay to Address Lifeguard Shortages. In June 2022, Governor Hochul directed a pay increase for state lifeguards to help address a staffing shortage at New York State Park beaches and pools and Department of Environmental Conservation campgrounds and day use areas beaches.
- Supporting the Addiction Workforce. In September 2021, Governor Hochul announced $19 million in federal funding to support the addiction workforce in New York State by providing certified prevention, treatment, and recovery providers with funding to support initiatives such as loan repayment, scholarships, and other incentives to recruit, retain and strengthen the addiction support workforce.
- Supporting the Mental Health Workforce. In October 2021, Governor Hochul announced $21 million in federal workforce recruitment and retention funds to strengthen the State's mental health workforce by providing recruitment and retention incentives, educational expenses, and career development and training. In November 2021, Governor Hochul announced $4 million in federal workforce recruitment and retention funds that can be used for recruitment and retention incentives to support and expand the Certified and Credentialed Mental Health Peer Workforce.
- Unemployment Insurance Modernization. In June 2022, Governor Hochul announced that the New York State Department of Labor is halfway through its 4-year strategic modernization plan, an ongoing effort that will reduce call volume, enhance customer experience, and swiftly connect New Yorkers to Unemployment Insurance benefits.
- Supporting Veterans and Their Families. In November 2021, Governor Hochul signed a comprehensive legislative package to protect and support veterans and their families, including legislation ensuring that individuals who voluntarily leave their jobs to accompany spouses who are subjects of military transfers will be eligible for unemployment benefits (S.3623/A.7514); establishing a task force on veteran employment opportunities to help identify ways the state can assist veterans in finding and maintaining meaningful employment opportunities (S.3638/A.7472); enabling veterans and reservists to receive benefit information upon applying for or renewing a driver license (S.6452/A.3920); and providing all who have have served in the armed forces with the ability to receive credits for civil service appointments and promotions by removing the restriction that only combat veterans can receive credits (S.763/A.5447).
- Benefit Information for National Guard Members. In August 2022, Governor Hochul signed legislation that requires information on the benefits and services available to National Guard members in both written form and on the Division of Military and Naval Affairs website.
- Support for Workers with Long-Haul COVID-19. In January 2022, Governor Hochul announced a free webinar series and webpage to educate workers on their rights and provide information on workers' rights when it comes to filing a workers' compensation claim for long-haul COVID-19.
- PLAs for Long Island Public Work Projects. In March 2022, Governor Hochul announced that DASNY will develop a PLA partnership with the Long Island construction labor unions that will be used on all large-scale projects DASNY undertakes on Long Island. The Governor also committed to appoint a representative of organized labor to the statewide Climate Action Council, tasked with implementing the Climate Leadership and Community Protection Act.
- Gender Wage Gap. In August 2022, Governor Hochul announced that the Department of Labor will develop a report that examines the pandemic's impact on women in the workplace with a particular focus on the multi-layered gender wage gap. It will build on the findings of the 2018 Gender Wage Gap report, co-chaired by Governor Hochul and NYSDOL Commissioner Roberta Reardon, which included a number of policy and programmatic recommendations to close the wage gap.
- Enhancing the UI Benefit Banking Program. In the 2022 SOTS, Governor Hochul announced plans to direct the Department of Labor to open a competitive process for a bank to offer multiple banking options for New Yorkers to access their unemployment benefits. Under this proposal, recipients will be able to choose how they receive benefits, including direct deposit to an existing bank account, a new bank account to receive direct deposit, a pre-paid debit card, or digital payment apps. The enhanced banking program will expand access to bank accounts and give New Yorkers the choice for faster, easier, and secure ways to get much-needed funds.
INCREASED OPPORTUNITIES FOR EMPLOYMENT AND TRAINING
- Strengthening Shared Work. In September 2021, Governor Hochul signed legislation (S.4049/A.5678) that changes the cap on Shared Work Benefits from 26 straight weeks to an amount of time equal to 26 weeks' worth of benefits. The shared work program allows employers to keep employees and avoid layoffs by allowing staff members to receive partial Unemployment Insurance benefits while working reduced hours. In October 2021, Governor Hochul signed legislation (S.17-A/A.7373-A) allowing employees facing potential layoff to petition employers to participate in a shared work program.
- Lifting the State Hiring Freeze. In September 2021, Governor Hochul, announced the suspension of the state hiring freeze through the end of the fiscal year, supporting COVID-19 recovery efforts. Lifting the hiring freeze through the end of the fiscal year will enable state agencies to grow their workforces.
- Investing in Care Act. Governor Hochul signed A.6590-B/S.4652-B require the Commissioner of Empire State Development to study, develop, and propose how to implement a long-term strategy to support the growth of the caregiving industry in NYS.
- Professionalizing the Direct Support Workforce. In August 2022, Governor Hochul announced a $10 million partnership between OPWDD and the National Alliance for Direct Support Professionals to expand opportunities for professional credentialing for nearly 2,500 direct support professionals in the developmental disabilities field throughout New York State and address worker shortages.
- Preparing Military Members for Careers in the Semiconductor Industry. In May 2022, Governor Hochul announced the Veteran Semiconductor Training and Experience Program (VET S.T.E.P.) to provide transitioning service members with industry-specific training, internships and other work experience required in the microelectronics manufacturing field and facilitate direct connections with employers.
- Promoting Employment Opportunities in New York State. In August 2022, Governor Hochul signed legislation (A.8458A/S.6803A) authorizing the Department of Labor to develop a public awareness campaign to promote the New York State Job Bank, which will better connect job searchers with 250,000 jobs with hiring employers across all industries.
- Expanding Access to Apprenticeships. In the 2022 SOTS, Governor Hochul announced plans to expand access to apprenticeships by increasing funding for apprenticeship programs at SUNY and CUNY; Extending the Empire State Apprenticeship Tax Credit and further incentivize employers to hire disadvantaged youth; Supporting apprentices in high-growth industries, targeting underrepresented groups such as women and people of color; Creating a pre-apprenticeship portal to help more New Yorkers find programs that are right for them; Supporting direct-entry pre-apprenticeships as well as organizations supporting pre-apprenticeships; and making apprenticeship expenses eligible for spending out of college savings (529) accounts.
- Long Island Investment Fund Regional Workforce Development Centers. The FY2023 Enacted Budget established the Long Island Investment Fund, which will provide $50 million to support the construction and operation of one or more dedicated Workforce Development Centers on Long Island to train residents to meet the needs and opportunities of regional industries.
- Summer Jobs for Disadvantaged Youth. In June 2022, Governor Hochul announced $46 million in funding to support New York State's Summer Youth Employment Program to provide jobs and training for 19,000 youth from low-income families.
- Nurses for Our Future Scholarships. In August 2022, Governor Kathy Hochul announced nearly 1,000 new future nurses as part of the ongoing efforts to strengthen and bolster New York State's health care workforce through the "Nurses for Our Future" Scholarship Program - an initiative designed to recruit and retrain nursing and healthcare professionals to serve as New York State Registered Nurses.
- Workforce Opportunities for SUNY and CUNY Students. The FY2023 Enacted Budget includes $20 million to provide SUNY and CUNY students with opportunities to pursue apprenticeships, pre-apprenticeships, and internships in a wide range of growing industries as well as training required to become mental health professionals.
- Expansion of SUNY Microcredentials. In February 2022, Governor Hochul announced the expansion of fast and flexible learning options with more than 400 microcredentials across 31 SUNY campuses to help everyone from current students to working professionals gain skills, knowledge, and experience that employers are looking for in fields including healthcare, business, education, clean energy, information technology, criminal justice, and advanced manufacturing.
- Funding for Workers Who Directly Support Those with Developmental Disabilities. In November 2021, Governor Hochul announced that the New York Office for People with Developmental Disabilities will provide over $1.5 billion in one-time American Rescue Plan Act Funding to support recruitment efforts, retention incentives and vaccination bonuses for direct support professionals who provide support for people with developmental disabilities in an effort to address workforce shortages in this field.
- Connecting Job Seekers to Employment. In December 2021, Governor Hochul announced a new initiative to build upon extensive efforts already underway by the New York State Department of Labor to connect job seekers to the record more than 220,000 available jobs, tools and training resources. New efforts include training staff at non-profits, state agencies and other community partners to connect job seekers with career services provided by NYS and adding 1,000virtual one-on-one career services appointments to those receiving unemployment benefits each week.
- Career Training and for New Yorkers with Intellectual and Developmental Disabilities. The FY2023 Budget allocates funding to OPWDD to provide career-specific training to individuals with Intellectual and Developmental Disabilities who are seeking competitive employment in the career field of their choice.
- Employment Supports for New Yorkers with Severe Mental Illness. The FY2023 Budget allocates funding to OMH to improve access to employment supports for individuals with serious mental illnesses via a targeted investment into the Personalized Recovery Oriented Services program, a comprehensive recovery-focused model that integrates rehabilitation, treatment, and support, assisting individuals to manage their symptoms in the competitive workplace.
- Disability Resource Coordinators. In October 2021, Governor Hochul announced $11.1 million in federal workforce funding over three years to expand the successful network of Disability Resource Coordinators to all 33 local workforce development areas and to better serve an additional 45,000 individuals with disabilities in New York State Career Centers.
- STEM Pathways for Women and People of Color. In December 2021, Governor Hochul signed legislation (S.531-B/A.530-B) to direct the urban development corporation to conduct a study regarding the assistance needed by women and minorities to pursue STEM careers. The urban development corporation will work with the State Education Department and the Department of Labor to determine the amount assistance that should be provided in school districts, charter schools, BOCES, and private schools to develop new and enhance current STEM programs in grades 6-12 including career exploration, opportunities for technical skills attainment and partnerships with postsecondary education and training programs.
- Preparing Disadvantaged Workers for Clean Energy Jobs. In February 2022, Governor Hochul announced a $25 million statewide federal grant proposal that will take a multi-faceted approach to reskill and train New Yorkers, including displaced workers in the fossil fuel sector and members of disadvantaged communities, for new clean energy job opportunities. Additionally, the proposal will support community colleges with industry-driven curriculum development and micro-credentialing and provide a host of wraparound services to assist individuals with career success.
- Office of Strategic Workforce Development. In January 2022, Governor Hochul announced the creation of a new Office of Strategic Workforce Development within ESD to coordinate statewide workforce efforts and take a regional, demand-driven approach to workforce development. The multi-year OSWD funding includes $150M for new grant programs administered by ESD to support employer driven workforce training programs through capital funding, flexible operating funds, and performance-based grants.
- $350 Million Investment in Workforce Development. The FY2023 Enacted Budget includes $350 million in funding to support wide-reaching, historic, and coordinated investment in workforce development across state agencies and authorities. The funding includes up to $50 million for training associated with green technologies.
- Teacher Residency Programs. The FY2023 Enacted Budget creates a state teacher residency program to bring more teachers into schools sooner while providing greater opportunity for support and training as they embark on their careers.
- Expanding Alternative Teacher Certification Programs. The FY2023 Enacted Budget will expand alternative teacher certification programs, such as the New York City Teaching Collaborative, to make it easier and more appealing for professionals in other careers to become teachers. Aspiring teachers will apprentice in high-need school districts while pursuing a master's degree in their field.
- Upskilling paraprofessionals and teaching assistants. The FY2023 Enacted Budget will provide grants for paraprofessionals who remain employed in a school district to pursue a teaching degree.
- Diversity in the Mental Health Workforce. In August 2022, Governor Hochul announced $4 million in federal funding to support underrepresented students entering or enrolled in mental health degree programs at SUNY and CUNY campuses. Through partnership with OMH, SUNY and CUNY will each receive $2 million to support tuition assistance, paid internships, and direct stipends for minority and multilingual students.
- Cannabis Accreditation Programs. In July 2022, Governor Hochul announced that SUNY and CUNY community colleges will receive $5 million in funding to support the creation or enhancement of short-term credential programs or course offerings that provide pathways to employment in the cannabis industry. The funding supports programs that will create or enhance non-degree and degree-eligible courses and programs, stackable credentials, and/or microcredentials that quickly address local employer skill needs within the cannabis sector.
- Workforce Development Initiative Round Two. In January 2022, Governor Hochul announced that 42 organizations across the state have were awarded $7 million to fund in-demand skills training for more than 2,550 New Yorkers as part of the former Workforce Development Initiative.
STRENGTHENED WORKER PROTECTIONS
- NY HERO Act. In September 2021, Governor Hochul directed the NYS Department of Health to designate COVID-19 as an airborne infectious disease, triggering the implementation of employers' workplace safety plans to protect workers.
- Preventing Wage Theft by Subcontractors. In September 2021, Governor Hochul signed legislation (A.3350-A/S.2766-C) that makes contractors on construction projects jointly liable for wages owed to employees of their subcontractor. It also allows contractors to demand payroll information from subcontractors and withhold payment if the information is not provided.
- Highway Worker Safety. In September 2021, Governor Hochul signed legislation (S.4682-B/A.485-B) establishes a demonstration program implementing speed violation monitoring systems in work zones by means of photo devices and relates to notices of liability and the adjudication of certain traffic infractions involving the use of photo monitoring devices.
- Paid Family Leave. Governor Hochul signed A.6098-A / S.2928-A to amend the Workers; Compensation Law to include "sibling" as a family member.
- Combatting Wage Theft. In July 2022, Governor Hochul doubled down on the Wage Theft Task Force, launching a new hotline and developing a state-of-the-art online wage theft reporting system to create more opportunities for workers to report wage theft and receive what they are owed while protecting their privacy and safety. Governor Hochul also announced that the Task Force had secured felony convictions and agreements from more than a dozen businesses and 265 individuals to pay nearly $3 million in wage restitution and contributions owed to New York State since the beginning of the COVID-19 pandemic.
- Gender-Based Violence Prevention Workplace Policies. In April 2022, Governor Hochul signed an Executive Order directing all New York State agencies and authorities to adopt a workplace policy on gender-based violence, strengthening existing protections while expanding protections to include stalking and sexual assault.
- Strengthening Sexual Harassment Prevention Policies. In July 2022, Governor Hochul announced that the Department of Labor is updating New York's nation-leading sexual harassment prevention policy, and invited New Yorkers to provide further input to further strengthen workplace protections.
- Workplace Sexual Harassment Hotline. In March 2022, Governor Hochul signed legislation (S.812B/A.2035B) requiring the Division of Human Rights to establish a statewide, confidential hotline for complaints of workplace sexual harassment. The hotline, which launched in July 2022, connects callers with experienced pro-bono attorneys who can help make them aware of their legal rights and advise them on the specifics of their individualized cases.
- Preventing Harassment and Discrimination in State Government. In October 2021, Governor Hochul announced a series of initiatives to prevent harassment and discrimination in State government, including mandatory anti-harassment and anti-discrimination trainings for all NYS employees and identifying an independent, outside law firm to investigate any claims of unlawful discrimination, harassment, and retaliation in the Executive Chamber.
- Expanded Rights for Public Employees. In March 2022, Governor Hochul signed legislation (S.3395B/A.2483B) to clarify that the State is considered an employer of anyone serving in the executive, judiciary, and legislative branches and subject to the Human Rights Law, ensuring that New York's sweeping anti-harassment regulations protect both public and private employees.
- Protecting Employees from Retaliation. In October 2021, Governor Hochul signed legislation (S.4394-A/A.5144-A) to protect current and former employees from retaliatory actions by their employers in the case of reporting illegal or dangerous business activities. The legislation enhances protection for private sector employees and widens the definition of retaliatory action.
- Strengthening Protection from Retaliation. In March 2022, Governor Hochul signed legislation (S.5870/A.7101) to establish that the release of personnel records to discredit victims of workplace discrimination counts as a retaliatory action prohibited under the Human Rights Law. The bill also allows victims of unlawful retaliation to file a complaint with the Attorney General that can be taken up in state Supreme Court.
- Fairness for Formerly Incarcerated New Yorkers. Governor Hochul has signed legislation to strengthen employment outcomes and protections for formerly incarcerated New Yorkers by allowing re-entry workers to perform bona fide work, such as overtime or night shifts, without violating parole (S.2803/A.5707); expanding the hours that parolees can attend required community supervision programs to nonworking hours, which will help them maintain their jobs or continue their education programs (A.6977A/S.643A); and allowing individuals subject to several kinds of supervised release to protest work-related labor conditions (S.2801-A/A.5705-A).
- Protections for Pregnant Workers. In August 2022, Governor Hochul announced that the Division of Human Rights published new guidance on workplace protections against pregnancy discrimination, as well as a factsheet that alerts employees of their rights and employers of their responsibilities around reasonable accommodation of pregnant workers. This follows the Governor's March 2022 announcement that the Division of Human Rights filed a complaint against Amazon alleging the company engages in discrimination against pregnant workers and workers with disabilities by denying them reasonable accommodations, and that the company has policies that force pregnant workers and workers with disabilities to take an unpaid leave of absence rather than allowing them to work with a reasonable accommodation.
- Improving Housing for Farm Workers. In November 2021, Governor Hochul announced a new $25 million package in grants and loans to improve housing conditions for farmworkers and to protect the health and safety of this critical workforce.
- Modernizing How Workers File Labor Law Claims. In the 2022 SOTS, Governor Hochul announced that the Department of Labor will make significant investments in technology to modernize the process for workers to make claims about unpaid wages, discrimination, failure to provide State-mandated leave, and other violations of the labor law to be more accessible to today's workforce.
- Addressing Employment Barriers for Transgender New Yorkers. In August 2022, Governor Hochul signed legislation (S.5933-A/A.8133) that directs the Department of Labor to conduct a study on the statewide employment rate of trans individuals in the state, in consultation with the Division of Human Rights, to determine whether there is a disparity of employment rates between transgender New Yorkers and other residents of New York State, and to inform further legislation tailored to the needs of trans New Yorkers.
- Disability Employment Awareness Month. In October 2021, Governor Hochul issued a proclamation declaring October as Disability Employment Awareness Month to bring awareness to disability employment, continue New York's long-standing commitment to workers with disabilities, and promote awareness of ongoing initiatives to empower the disabled community.
- Study on the Employment of Persons and Veterans with Disabilities. In December 2021, Governor Hochul signed legislation (S.6276-A/A.7223) that requires the president of the civil service commission to conduct a study on the employment of persons and veterans with disabilities by the state and make recommendations as to whether the state needs to hire more persons and veterans with disabilities to fill positions created by sections in the civil service law.
- Addressing Truck and Bus Driver Shortages. In September 2021, Governor Hochul announced a multi-agency plan to address the school bus driver shortage affecting schools across the state, which includes short-term steps to remove barriers and recruit traditional and non-traditional Commercial Driver's License holders, expand CDL testing opportunities, and enhance processes all designed to get more drivers into school buses, as well as outreach to more than 550,000 CDL license holders in New York State. In January 2022, Governor Hochul announced a plan to help address a critical shortage of truck and bus drivers by significantly expanding the availability of road tests for Commercial Driver License (CDL) applicants.
- Interactive Wage and Employment Tool. In March 2022, Governor Hochul announced the launch of two new interactive online resources designed to improve transparency and enhance access to employment statistics and occupational wage information: The Current Employment Statistics dashboard, which provides monthly estimates of non-farm employment, hours, and earnings by industry; and the Occupational Employment and Wage Statistics dashboard, which provides estimates of employment and wages for nearly 800 job titles across New York State.
- Chief Disability Officer. In February 2022, Governor Hochul appointed Kimberly Hill as New York State's first ever Chief Disability Officer to advocate on behalf of persons with disabilities, including by developing strategies to boost employment among people with disabilities.
- $4.2 billion Clean Water, Clean Air, and Green Jobs Environmental Bond Act. The FY2023 enacted budget authorized this historic initiative, to be taken up by voters later this year, which includes labor standards that will help create and maintain thousands of green jobs; update New York's aging water infrastructure and protect water quality; reduce air pollution and lower climate-altering emissions; restore habitats; and strengthen communities' ability to withstand severe storms and flooding; preserve outdoor spaces and local farms.