Employee Rights

We got a question about implementing the new Section 52-c of the New York Civil Rights Law, which requires employers to notify employees if their workplace communications will be monitored.  

New York Civil Rights Law Section 52-c, captioned "Employers engaged in electronic monitoring; prior notice required" went into effect on May 7, 2022.

As laws go, it is fairly short, so I have included the full text below this answer.

What does the law require?  And do those requirements have any special impact and library and other cultural and educational institutions?

The library (school district public library without a union or a bargaining agreement and less than 50 employees) offers paid sick leave for most employees. However, based on what we have learn we have paid people, without it coming off of their earned sick time, if they are told to quarantine because they have been exposed to the virus.

I can offer a simple answer, and a complicated answer. 

Here is the simple answer: 

[NOTE:  This question was submitted in response to the guidance posted at Minor Employees and Obscenity in the Library.

After sharing your reply with my board, we have a follow-up question seeking clarification. The question is in regards to the following paragraph:

This question is an example of why clear, precise writing is so important.

To make sure no reader is in suspense, first I'll answer the member's question: I intended the guidance to convey the member's interpretation (with the information about accession, cataloging and appeal policy being supplied only after a parent expresses concern).

We have a school district public library board considering requiring background checks for new employees. They are concerned that they may be legally required to background check all current employees. Would there be any legal reason they would need to do so?

[NOTE: for background to this short answer, please see the much longer "Ask the Lawyer" Background checks and fingerprinting for new employees, that addresses the tightrope walk/legal minefields of employee background checks.]

How long can an association library (or other private museum or archive) hold open a job while an employee is out on disability due to a work-related injury?

Before answering this question, I have one over-arching comment: the member who sent this inquiry was wise to submit the question when they did; it is not the type of question to be handled without the input of a pro.[1]

My questions involve background checks for potential new employees, fingerprinting, developing policies, procedures, and best practices.

This...is a big question.  It's only three short paragraphs.  But it's BIG.

It's "BIG" because the risks of getting this topic wrong are immense--from not only the obvious risks involving legal concerns, but risks involving ethics, privacy, and the goal at the heart of the issue: safety.

We are a large (100-employee) school district public library. We are currently encouraging and educating employees on getting vaccinated, but not (yet) *requiring* vaccinations.

Over and over again, I am floored by the care, tenacity, and creativity of the libraries determined to provide services in a time of pandemic.  New York's libraries just don't give up.  This question shows the mechanics of that fighting spirit.

Can an employer require a negative COVID test before an employee comes to work? We have discussed it on our [public library system] member directors list but have not come up with a clear yes or no answer.

Here's something positive and affirming I can say: it's possible that the members expressing different opinions on the member directors' list are actually all correct.

The library is seeking information about a law stating that the library board has sole authority over public library staff benefits. The issue that needs to be addressed is a town board's attempt to eliminate a part-time employee's one week of paid leave per year that the library board granted [several years ago].

I recently had a chance to check in with the New York State Comptroller's legal department[1] on this very topic.

The reason I had to check in is because the most recent on-point authority I could find on this subject was from 1981. 

The state's new paid sick leave law recently went into effect on September 30th. According to the state's website, eligibility requirements are as follows:

I wish I could reply to this excellent question with a plain "yes" or "no." But I cannot.

Why not?  Because, while as the member points out, a public library's "type" is relevant to this question, what may also be relevant is how the employees are being paid.  So answering this question requires a two-factor analysis: