news article
New Legislation regarding written notice of unemployment benefits and personal account information disclosure
October 19, 2023 / By Tracy Rickett, UNY Human Resources Generalist / .(JavaScript must be enabled to view this email address)
There is new legislation regarding written notice of unemployment benefits and personal account information that takes effect in November 2023 and March 2024.
Written Notice of Unemployment Benefits
In relation to the notice of eligibility for unemployment benefits, New York State Senate Bill S4878-A/A. 398-A amends Section 590 of the Labor Law. Under this new legislation, employers must provide written notice of eligibility for unemployment benefits to any employee who has been terminated, temporarily separated, experienced a reduction in hours, or any other interruption of continued employment that results in total or partial unemployment. This information must be disclosed on a form furnished or approved by the Department of Labor (DOL). The form must include the employer’s name, registration number, and contact address for the employer. This news article will be updated when the DOL publishes the form.
This notice must be provided no more than five (5) working days after the termination date or reduction of their working hours. In the same five working day period, Section 195(6) of the Labor Law still requires an employer to “notify any employee terminated from employment, in writing, of the exact date of such termination, as well as the exact date of cancellation of employee benefits connected with such termination.”
This new law will take effect on Nov. 13, 2023.
Personal Account Information Disclosure
Gov. Kathy Hochul recently signed a bill that prohibits employers from requesting or requiring an employee’s personal username, login information, passwords, or social media accounts as a condition of hiring, a condition of employment, or for use in a disciplinary action.
The new law prohibits employers from requesting, requiring, or coercing employees and job applicants to:
- Disclose their username, password, or other login information in order to access a personal account through an electronic communication device;
- Access a personal account in the employer’s presence;
- Reproduce photos, videos, or other information contained within a personal account through unlawful measures.
This new legislation, which amends the Labor Law to add section 201-i, prohibits an employer from discharging or disciplining an employee or refusing to hire an applicant for failure to disclose such information.
This law is also subject to certain exceptions and limitations. For example, an employer may require disclosure of personal information to access nonpersonal accounts that allow access to the employer’s internal computer or information systems. Employers may also view, access, and rely on information obtained through the public domain. The law also allows an employer to obtain login information for accounts provided by the employer where the account is used for business purposes and the employee was provided prior notice of the employer’s right to inquire about such information.
An employer is also permitted to access an electronic communications device which is paid for in whole or in part by the employee where the provision of or payment for such device was conditioned on the employer’s right to access. However, the employee must have been provided with prior notice of the condition and explicitly agreed to it. The employer is still prohibited from accessing any personal accounts on the device.
The law excludes law enforcement agencies, fire departments, departments of corrections, and community supervision.
This new law will take effect on March 12, 2024.
If you have any questions, please contact Tracy Rickett, Human Resources Generalist, at (315) 898-2017 or TracyRickett@unyumc.org.