Beyond the rights already recognized by federal labor law, New York has enacted state legislation to protect the rights of employees and employers. Generally, New York employment laws amplify the rights and protections of federal law so that New Yorkers have more rights and protections than employees in most other states.
The New York State Department of Labor (DOL) enforces New York’s employment laws.
Part-time and full-time employees are treated equally under both federal and New York state law in several areas, such as minimum wage, overtime compensation, and recordkeeping requirements.
However, depending on whether they work full- or part-time, people frequently receive varying perks from their employers. It is up to the employer to determine whether to classify an employee as part- or full-time in New York because neither state nor federal law defines part-time status.
When an employee works more than 40 hours in a pay week, the federal Fair Labor Standards Act (FLSA) generally requires that their employer pay them time and a half of their regular compensation as overtime. Nonetheless, several exceptions are recognized in federal law for workers who are regarded as “exempt” from overtime pay requirements. In New York, state rules give more workers the right to overtime pay than do federal statutes.
Under New York Law, employers must give their employees annual pay notices regarding their wage and hour rights. Wages must also be paid bi-monthly, i.e., twice a month. Wage and hour claims in New York involve violations of an employee’s rights to wages they have legitimately earned.
Employers who have at least 50 full-time employees must provide health insurance to 95% of those workers under the federal Affordable Care Act’s (ACA) employer mandate. New York State of Health, the state’s own exchange, also provides health insurance policies.
Small businesses with up to 100 employees may participate in the New York State of Health (NY State of Health). This is the official name for the New York State Health Plan Marketplace, also known as the New York State Health Benefit Exchange (NYSOH). This marketplace for health care plans was established by the ACA. It is the place where New York’s citizens and small businesses may search for affordable health insurance.
However, this does not imply that small businesses must provide health insurance to their staff even if they are exempt from other ACA obligations. They do not have to provide health insurance if they are exempt from doing so by the ACA. They do, however, have that option.
Employees in New York are typically regarded as “at-will,” meaning that they may be fired for almost any reason. In New York, there are several state and federal exceptions to this rule, so employees who belong to a protected class cannot be fired, punished in any other way, or denied benefits for discriminatory reasons.
As noted below, of course, termination of employment in retaliation for a complaint of sexual harassment or for whistleblowing, in breach of an employment contract, express or implied, or in violation of a union bargaining agreement would be wrongful termination per New York law. A local New York lawyer would be able to explain the law regarding termination of employment.
Race, national origin, age, handicap, and gender are among the protected classifications that cannot be subject to discriminatory treatment under federal law.
Under New York law, unlawful discrimination also includes discrimination based on religion, genetic propensity, sexual orientation, marital status, extracurricular political or recreational activities, legal consumption of consumable goods outside of the workplace, or union membership, the New York State Division of Human Rights goes further than federal law.
A person may submit a complaint of discrimination with the federal Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights if they believe their employer has engaged in unlawful discrimination. Employees who have experienced employment discrimination may be entitled to compensation for lost income, lost benefits, pain and suffering, punitive damages, and legal costs.
Unless a business has a written policy offering this benefit, New York law does not mandate that employees receive paid time off for holidays, sickness, or vacations. However, the federal Family Medical Leave Act (FMLA) offers employees unpaid leave benefits under some conditions.
Under the FMLA, qualified workers may take up to 12 weeks of unpaid leave if they require the time to:
As noted above, federal, state, and local laws prohibit discrimination in any form in the workplace. Among the types of discrimination banned are sexual harassment, prejudice against people because of their age, skin color, ethnicity, nationality, religion, gender identity or expression, sexual orientation, marital status, caregiving responsibilities, pregnancy status, being in the military, and more.
The pre-employment process, which includes negotiation about the terms and conditions of employment, is likewise prohibited by NY employment laws.
For instance, the Salary History Law was enacted in January 2020 to guarantee fair compensation for all employees performing equivalent labor. This statute forbids New York employers from asking potential employees about their past earnings or salaries as a condition of employment. Additionally, they are forbidden to find this information elsewhere.
When a person is in a dangerous position because they are being stalked, or are a victim of human trafficking, or facing the threat of domestic abuse, the person is entitled to safe leave, which is time off from work. When a person is unwell or wounded, they can take time from work to seek medical attention and treatment.
According to the New York City Labor Law, each employee who has worked more than 80 hours a year is entitled to up to 40 hours of safe and ill time. If your firm employs five or more people, this can be paid safe and paid sick leave. You may still take your leave, but it may not be compensated.
Additionally, eligible New York State employees have had access to paid time off under the Paid Family Time program since 2016. Employees may use their paid time off to care for newborns, recently adopted or fostered children, ill family members, or to support.
The federal Department of Labor established the Occupational Safety and Health Administration (OSHA) to safeguard employees against workplace health and safety risks. No matter what kind of labor a worker does, they could still be in danger of getting hurt or getting sick from their job.
Under federal law, employers are responsible for informing and educating their staff about all potential risks in a given workplace and how to prevent them. Additionally, frequent health and safety training should be held.
Workers in most states, including New York, are entitled to compensation by their state’s workers’ compensation system if they become ill or are injured on the job. New York has such a system.
A person’s employer may not take any action in retaliation if they file a lawsuit against their employer. Any action taken to punish a whistleblower who files the initial report or any employee who assists the New York DOL in its investigation of a claim is considered retaliation. This includes giving the DOL information, claiming employee benefits under the DOL, and finally getting the company punished for their illegal labor practices.
There are various ways in which an employer might retaliate:
Other retaliatory measures are possible. An employee would be entitled to further monetary damages if retaliatory action does take place. To protect a worker’s rights, though, they should act quickly. Under federal law, a worker can receive up to three years’ worth of pay that an employer has failed to pay.
Up to six years’ worth of unpaid wages may be recovered under New York State law.
If an employer is found guilty of violating the Labor Law, they may be sentenced to jail time, monetary fines, or both. The Labor Law treats any violation involving pay or paychecks as a criminal offense.
The fundamental goal of punishment and sentencing is to ensure that the workers receive all of the wages they are due. The employer may be ordered to pay damages and other appropriate relief in addition to lost wages to the employee by the New York State DOL, federal or state courts, or both.
If you are concerned that you are not getting the rights and protections to which you are entitled by New York law, you want to consult a New York labor lawyer. Your lawyer can explain your rights to you and advise you on how to defend yourself.
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