As of Jan. 5, 2025, New York City became the first city in this nation to implement a congestion toll program. It was a long time coming and was subjected to many literal and figurative roadblocks, including legal and political challenges. The program was held in abeyance by Governor Hochul pending the results of the federal election. Finally, it was reconstituted with less burdensome tolls. Meanwhile, several federal lawsuits wound their way through the courts. Suits were initiated both in New York and New Jersey seeking injunctions barring the program.

The New York suit was joined by a rather diverse group of plaintiffs (there were actually four combined suits) including the United Federation of Teachers and the Trucking Association of New York. That suit was dismissed in late December 2024 on the ground that there was a rational basis for the tolling program. In that respect U.S. District Judge Lewis Liman stated in his opinion dismissing the suit that “all drivers, regardless of their state of residence or trip origin, will benefit equally from reduced congestion, saving time otherwise spent in traffic, improving travel-time reliability, and reducing the potential for auto collisions. And they will benefit precisely because of the funding provided for the public transportation system.”

The New Jersey suit appeared to have a greater probability of success, because the judge in that case initially appeared inclined to side with New Jersey in a ruling he issued in late December requesting further details about the federal regulators’ plans for mitigating the environmental impacts of the program. The judge partially remanded the case for further details. Nonetheless, despite the remand, the ruling did not seek to delay the program. However, in a hearing that followed the issuance of that decision, Judge Gordon ruled from the bench that an injunction was not warranted since New Jersey was incapable of demonstrating irreparable harm, a necessary element for issuance of an injunction. An emergency appeal to the Third Circuit U.S. Court of Appeals did not halt the program either as the court found that the commencement of the program would not jeopardize the court’s ability to hear and decide the full appeal. It is an interesting side note that apparently New Jersey rejected New York’s “generous” offer to resolve this suit prior to the ruling. The offer of course was taken off the table as soon as Judge Gordon ruled against the injunction. So here we are: New York is the first U.S. City to have a congestion toll program.

So what exactly is the congestion pricing program? It is virtually identical to the program that the MTA previously proposed, except for the amount of the toll charged. The program applies to any motor vehicle entering Manhattan at 6oth street or below and entering surface streets. The tolls are dependent on what type of vehicle you are driving, the time of day and day you are driving. The tolling program is explained in depth by the MTA here.

The base tolls will be increased to $12 in 2028 and then $15 in 2031. The best rate ($9) is only available to vehicles that have EZ Pass. Otherwise, the base rate will be $13.50 and will be invoiced via mail through the address on your registration.

Therefore, if you are affected by congestion tolls, it makes sense to apply for an EZ Pass. If you have EZ Pass, make sure your account is up to date and that your car’s license plate is correct.

For those using the Holland and Lincoln tunnels, there is also a $3 discount on the toll during the peak hours of 5 a.m. and 9 p.m. on weekdays. The discount will increase as the tolls increase.

Several other discounts and exemptions are available:

Residents who live in the Congestion Relief Zone with a household income of less than $60,000 may qualify for a tax credit.

A 50 percent discount is available for drivers enrolled in the Low-Income Discount Plan. The discount kicks in after the first 10 trips in any month.

Those who have medical conditions that prevent them from using mass transit can apply for an Individual Disability Exemption Plan. Similarly, the Organizational Disability Exemption Plan covers vehicles used by organizations like Access-A-Ride.

More information on the exemption programs and how to apply for exemptions can be found here: https://www.e-zpassny.com/en/about/cbdplans.shtml

Finally, Local 802 has several contracts that require employer reimbursement for congestion pricing tolls, including: Single Engagement Classical, Club Date Single Engagement, Fundraising, Member-Leader, and Public Service. Members should become aware of these contracts and utilize this benefit if it covers your work and if you have incurred congestion tolls.If you have questions about how this works, send an e-mail to hotline@local802afm.org.

NEW YORK NOW HAS PRENATAL LEAVE.

On Jan. 1, 2025, New York State also became the first state to require paid prenatal care. Pregnant private sector workers are now entitled to 20 hours of paid leave per year to attend prenatal medical appointments. The New York State Department of Labor issued informal guidance on the new law here: https://www.ny.gov/programs/new-york-state-paid-prenatal-leave

Prenatal leave is not an accrued benefit that is earned through hours worked. Rather, it is available immediately as needed and can be taken in as little as one-hour increments. The DOL’s guidance also emphasizes that this is a benefit required to be provided by all employers regardless of the number of employees they have and regardless of whether the given employee is full time or part time, or overtime exempt or non-exempt. Covered items include health care services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy. This includes fertility treatment or care appointments (including in-vitro fertilization) and end-of-pregnancy care appointments.

The 20 hours of Paid Prenatal Leave are available once in a 52-week period, measured forward from the date an employee first uses Paid Prenatal Leave time. In the event of multiple pregnancies in a single 52-week period, only a total of 20 hours of Paid Prenatal Leave time may be taken across all pregnancies. DOL guidance states that Paid Prenatal Leave is “in addition to existing leave policies and the NYS Sick Leave Law” and “provides a separate benefit from other leave policies and laws.” Therefore, “employees are entitled to 20 hours of Paid Prenatal Leave in addition to other available leave options.”

This is a new statutorily conferred benefit our members working under CBA’s that lack their own parental leave provisions should become aware of.

ATTENTION CLUB DATE MUSICIANS

We are re-booting the Local 802 Club Date Committee. If you play weddings, corporate gigs or any kind of “club date,” you’re welcome to join us. Let’s build solidarity together and win the wages and benefits we deserve! Contact Recording Vice President Harvey Mars at hmars@local802afm.org and Principal Business Rep Peter Voccola at pvoccola@local802afm.org.