7 New NY Laws That Could Affect You In 2022

NEW YORK STATE — Each year, hundreds of laws are passed in Albany that affect the entire state, and some are going to be coming into effect in 2022. From vaccine fraud charges nursing home audits to wage laws, here are seven you should know about.

Vaccine Fraud

The new legislation clarifies that making, possessing or selling a fake COVID-19 vaccine cards is a crime and it criminalizes computer tampering related to COVID-19 vaccine provisions.

A new COVID-19 Vaccination Fraud Task Force charged with enforcement includes the Westchester County District Attorney’s Office.

"We commend Governor Kathy Hochul for signing legislation that will enable law enforcement to better protect our communities against COVID-19 and those who seek to thwart vaccine requirements through fraudulent acts," said Westchester DA Mimi Rocah.

Styrofoam Ban

People are still ordering out and having tons of food delivered. But the packaging that food comes in will be changing in 2022.

In 2020, New York passed the nation's strongest ban of polystyrene, single-use foam food containers and packing peanuts. Starting next year, those materials are all banned.

The state says that foam packing is one of the largest contributors of litter and pollutes many waterways and wildlife areas. When polystyrene foam is thrown away, it can last for years and break down into microplastics, which find their way back into foods.

Polystyrene is hard to recycle, and there isn't much demand for it anyway. So the state is banning the material to protect the environment.

Employer Monitoring

Under a law going into effect in 2022, employers will have to tell their employees if they are being monitored, and how.

Employers will have to alert employees if their internet, email and phone usage is being monitored. The employers will have to notify all employees about the monitoring, and give new employees a written notice explaining how they will be monitored.

Any employer caught violating the new law will be fined $500 for the first offense, $1,000 for the second offense and $3,000 for the third and subsequent offenses.

Whistleblower Protections

Amendments to the state's whistleblower law go into effect in 2022, and they will help protect whistleblowers more thoroughly.

The changes expand coverage to protect former employees and independent contractors who bring criminal actions to light, and also broadens the definition of "retaliatory acts" that employers are not allowed to engage in. If an employee is retaliated against, the new amendments also give them more remedies to seek recompense.

Minimum Wage Increase

On Dec. 31, 2021, Westchester is getting its final minimum wage increase. Wages in the rest of New York state will rise to $13.20 an hour.

These are the minimum wage increases that were passed in 2016. Increases were phased in over many years.

For 2022, minimum wages on Westchester and on Long Island will go from $14 to $15 an hour, which will be the final step in the 2016 plan. $15 is the new minimum wage, which New York City employers have had to pay since 2019. For the rest of the state, an increase to $15 will be scheduled later.

Nursing Homes

Three new laws address nursing homes in New York, specifically the problems that became clear due to the coronavirus pandemic.

One establishes a long-term care task force to examine the state of long-term care — both home-based and facility-based — in the state. It considers potential models for improvement and will examine both the impact of the COVID-19 pandemic on long-term care as well as the broader long-term system in New York.

Another directs the commissioner of health to implement an infection inspection audit of nursing homes. This will require nursing home facilities to adhere to an evaluation checklist based on core competencies relating to infection control, personal protective equipment, staffing, clinical care, and communication. If a facility is not in compliance, the Department of Health will perform continuous audits until the facility is in compliance. Nursing homes must also designate a staff member in charge of protective equipment and have an infection plan that includes lessons learned from COVID. Penalties may include revocation or suspension of a facility's license under certain conditions.

The third incorporates the caregiving sector as part of the state's economic development strategy. It requires the commissioner of economic development to study, develop, and propose how to implement a long-term strategy to support the growth of the caregiving industry in a report that analyzes the support needed to expand it, develop, recruit, and retain a skilled workforce, and bring new modes of delivering caregiving.

"This pandemic has brought to light so many fragilities in the systems we depend on and often take for granted," said Senator James Skoufis (Orange, Rockland). "Those working or residing in nursing homes saw firsthand the life and death consequences of safety lapses in the face of COVID-19. This law adds new layers of accountability for these nursing home facilities, and I am grateful to Governor Hochul for supporting this important set of guardrails."

Changes to Solitary Confinement

The HALT Solitary Confinement Act was passed in 2021 and goes into effect next year. It limits the amount of solitary confinement for an incarcerated person to 15 days.

Rules adopted by the United Nations, called the Nelson Mandela Rules, call solitary confinement of more than 15 days torture. The law will bring New York into line with those new rules. It will also expand the definition of solitary confinement and eliminate its use for vulnerable incarcerated populations.

It also establishes guidelines for humane conditions in solitary confinement, outlines reporting requirements and adds due process protections by prohibiting placement in solitary confinement prior to a disciplinary hearing and by allowing access to a lawyer.

Patch Editor Alex Costello contributed to this report.

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