Notable New Employment Laws for Pennsylvania, New Jersey, New York and Delaware
By: Birch

A new year means new laws. Employers should be aware of the following state law changes that recently went into effect.


Philadelphia’s Commuter Transit Benefit Programs Employee ordinance (“Ordinance”) requires Covered Employers (defined as individuals, partnerships, corporations, or other entities that employ 50 or more employees who perform an average of 30 hours of work per week within the geographic boundaries of Philadelphia) to make available to their employees at least one of the following employee commuter transit benefit programs:

  • Election of pre-tax payroll deduction for Mass Transit Expenses or Qualified Bicycle Expense, consistent with the maximum amount that may be deducted under the Internal Revenue Code;
  • An employer-paid benefit whereby the employer supplies a Fare Instrument (i.e., a pass, token, SEPTA card, etc.) for the Covered Employees’ Mass Transit Expense, consistent with the maximum amount that may be deducted under the Internal Revenue Code; or
  • Any combination of the above programs.

New York

The New York City Human Rights Law has been amended, effective November 1, 2022, to require employers to include a good faith pay range in any advertisement for a job, promotion, or transfer opportunity that would be performed in New York City. The New York City Commission on Human Rights defines an “advertisement” as a written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants. New York State has passed a similar pay transparency law set to take effect on September 17, 2023.

New York’s paid family leave law has been amended to add siblings to the definition of family member for the purposes of paid family leave.

New York law S.4844-B/A.1236, signed by New York Governor Kathy Hochul on December 9, 2022, requires the New York State Department of Labor to develop a model policy regarding workplace lactation rights and that employers adopt such a policy. Under the expanded law, employer lactation rooms or spaces will need to meet certain specifications. Specifically, the room must be: “in close proximity to the work area”; “well lit”; “shielded from view”; and “free from intrusion from other persons in the workplace or the public.” Additionally, the room must be supplied with: “a chair”; “a working surface”; “nearby access to clean running water”; “an electrical outlet,” if the workplace has electricity; and “refrigeration for the purposes of storing the expressed milk,” if there is access to refrigeration in the workplace.

New York’s minimum wage is now $14.20 (Upstate New York) and $15 (in and around NYC).

New Jersey

New Jersey’s minimum wage is now $14.13 per hour. This increase includes an inflation adjustment.


Delaware’s minimum wage is now $11.75 per hour.

Employers should consult with experienced human resources professionals and/or labor and employment counsel with any questions regarding these new employment laws and any required changes to employer policies and practices. For all MEA Members, the Hotline is available to provide this assistance. For MEA Essential and Premier Members, a Member Legal Services attorney is available for additional consultation.