New York Labor Laws

In the US, there are federal laws in place to manage the time spent by employees in the workplace, safeguarding their rights and guaranteeing fair pay for their efforts. These laws act as directives for employers, keeping them in check, and minimizing any forms of abuse or exploitation.

The Fair Labor Standards Act (FLSA), which dates back to 1938, is a critical federal law for time management, setting hourly wage rates and overtime pay, and requiring employers to keep an accurate record of their employees’ working hours. Overtime is pegged at 1.5 times the regular hourly rate for workers who exceed 40 hours a week. However, certain job categories, including executives, professionals, and administrative employees, are exempt from overtime pay depending on their job description and salary.

The Family and Medical Leave Act (FMLA) is another essential federal law that governs time management in the workplace, entitling eligible employees to up to 12 weeks of unpaid leave for specific family and medical reasons, such as the birth or adoption of a child or caring for a family member with a serious health condition. This act also requires employers to maintain employees’ health benefits during their leave and restore them to their previous or equivalent positions upon their return to work.

Employers who contravene federal time management laws face severe legal ramifications, including fines, back pay, and damages. If workers feel that their employer has violated federal time management laws, they can file complaints with the Department of Labor’s Wage and Hour Division for investigation and legal action.

Overall, federal time management laws are instrumental in ensuring that workers are compensated fairly for their time and effort in the workplace, protecting them from abuse and exploitation by employers. The Fair Labor Standards Act and the Family and Medical Leave Act are vital federal laws that govern time management and worker compensation, ensuring fair labor practices across various sectors, including non-profit, public, and private organizations.

Learn more about New York Working Time and it’s suggested 4-day Workweek.

As an employer in the US, it is very important to follow federal laws against discrimination in the workplace. This includes the interview process and all aspects of the work itself. Discriminatory practices are against the law, and they can be based on the following: 

• Race and ethnicity
• Creed or belief system
• Religion or spiritual affiliation
• Country of origin or nationality
• Gender or biological sex
• Pregnancy and the process of childbirth
• Marital and familial status
• Disability or impairment and age
• Sexual orientation or preference

For more details, you can check: Hiring Laws in New York.

When hiring people in the state of New York, it’s important to think about other laws and rules. Unlike “right-to-work” states, where employees are guaranteed the right to choose whether to join or associate with a labor union, New York is not considered as such. In the state of New York, the “Workplace Freedom” law applies, requiring employees to pay union fees regardless of their participation in union activities. This means that an employee must still pay money to the union even if they don’t want to take part in union activities. It is important to note that these laws and regulations play a significant role in the hiring process and should be taken into consideration when conducting business in New York. 

When it comes to employment termination, New York follows the “employment-at-will” doctrine, which is followed by many US states and says that an employer can fire an employee as long as the reason is within the law. However, some employees are protected by “protected contracts” such as those offered by labor unions, which shield them from termination without just cause. In addition, terminating a contract may be considered unlawful if it involves:

• Discrimination based on personal characteristics
• Reporting illegal activities (in certain instances)
• Engaging in legitimate political pursuits
• Submitting a disability claim
• Taking a state-mandated leave of absence

Regarding the payment of last wages, employers can be found in two situations:

• If the dismissal is legal, the employer must remunerate any outstanding wages on the initial regular payment date. In situations where the employee is unable to collect payment in person, they may request that the payment be mailed, and the employer must comply.
• If the employee resigns, it is customary to provide a two-week notice to terminate the agreement, and the wages will be disbursed on the initial regular payday.

Here are more details on Termination Laws in New York.

Now, we will discuss some key labor laws in New York that may not be related to the categories we have previously explored. Some of these regulations include:

• Continuation of Health Insurance Law (COBRA) – Small businesses that need to keep their health coverage have a unique option in the state of New York. While the federal COBRA laws provide coverage for companies with 20 or more employees, the New York COBRA plan is designed specifically for those who have lost their federal coverage and offers benefits to qualified individuals and their dependents. The circumstances that warrant eligibility for the plan include loss of employment, whether voluntary or involuntary, moving between jobs, reduction in working hours, employee death or divorce, and other life-altering events. A person may be covered by the New York COBRA plan for up to 36 months, depending on the qualifying event. Individuals in the United States aged 29 and under can also benefit from the “Age 29” extension, apart from the COBRA regulations. This enables them to lengthen their health coverage by enrolling in a parent’s policy through the “make available” and young adult options. Under these provisions, young adults may utilize their parent’s policy if they pay the premium fees and are added to the plan. They can remain under the “make available” option until they turn 26, after which they must transfer to the young adult option until the age of 29.
• Workplace Safety Laws – The Occupational Safety and Health Act of 1970 outlines the principles that ensure a safe workplace for employees. The primary objective of this act is to protect workers from physical harm or death, but its scope has broadened over time to encompass the prevention of various types of hazards such as biological hazards, chemical hazards, hazards related to work organization, safety hazards, physical hazards, and ergonomic hazards. The New York OSHA has a critical role in disseminating important information to workers regarding safety standards, training, and other forms of assistance in the workplace.
• Record-keeping Laws – The Labor and Employment Law in New York places strict record-keeping requirements on employers. Employers must maintain accurate and comprehensive records throughout the employment period, as well as after the termination of a contract. Some of the key records that employers must keep include the following:
  • Documents related to job duties such as employee profiles, CVs, medical checkups, and requests
  • I-9 forms that confirm the employment eligibility
  • Records of wages and salaries paid to workers
  • Agreements made between management and labor unions
  • Training-related records including attendance, certification, and skill level
  • Health records and medical histories of employees
  • Personal identification numbers such as social security and ID numbers
  • Records of job changes, including promotions, demotions, transfers, and pay rate adjustments
• Background Check Laws – When it comes to the employment process, background checks are a crucial aspect that can help employers make informed decisions. In New York, employers are allowed to conduct background checks as long as they comply with the Fair Credit Reporting Act (FCRA). However, the state of New York has certain regulations in place that require background checks to be conducted before the interview stage for certain job positions including staff members in educational institutions, individuals responsible for setting up security alarms, federal employees, private detectives, professionals involved in enforcing bail, and those working in childcare.
• Laws Pertaining to Arrest and Conviction – The New York court has the power to decide whether to keep records related to an offense open or sealed, depending on the nature of the offense. However, it is important to note that employers in New York are not permitted to inquire about charges that did not lead to conviction or arrest, regardless of whether the records are open or sealed. New York, as well as many US states, have also passed “ban the box” legislation. The term comes from the practice of checking boxes on contracts that ex-offenders and criminals were required to sign. Because there aren’t enough jobs in the United States, many states have decided to “ban the box.” This means that employers can’t ask job applicants about their criminal history, especially after they’ve been offered a job.
• Whistleblower Protection Laws – Whistleblower laws have been implemented across many states in the US, but New York stands out with its thorough guidebook on the subject. According to this law, if an employee has a good reason to think that criminal activity is going on at work, they can report it without worrying about being punished. Starting in January 2022, the state’s whistleblower law has expanded to provide greater protection for employees by safeguarding them from any retaliation in all circumstances, as outlined in Section 740 of New York’s labor laws. Previously, only disclosures made to a supervisor or public entity were safeguarded. Moreover, employees are also entitled to get their lost pay, benefits, and seniority rights back.
• Laws Regulating Uniforms – As an employer, you can legally require your workers to wear a uniform if it’s written in the job description. In the hospitality industry, where uniforms are an important part of the job, the employer pays for these uniforms. If an employer doesn’t buy or pay for an employee’s uniform, they are legally required to make up the cost to their workers. The amount of pay (which took effect on December 31, 2022) is based on how many hours are worked in a week and is set out as follows:

New York State has different rules for the minimum wage compared to other states in the US. Because it’s the biggest city in the country, it’s important to understand these rules. The rules for the minimum wage vary in different parts of New York, like the city, Long Island, and Westchester. It’s important to know all the details of these rules in order to understand the minimum wage in New York.

Since December 31, 2016, the New York State Department of Labor has prioritized raising the state minimum wage annually to keep pace with inflation and improve the standard of living for its employees. According to Article 19 of the Minimum Wage Act, the current minimum wage is $15.00 per hour. Employees in NYC, Westchester, Suffolk and Nassau are entitled to receive at least $16.00 per hour.

Employers who don’t pay their workers at least the minimum wage could face serious penalties, such as paying liquidated damages, fines for underpayment, and fines that could be equal to 200% of the wages that weren’t paid.

New York State considers two main categories of workers as “tipped employees” which are food service workers and service employees. Both groups are entitled to the state’s mandated tipped minimum wage of $15.00, but the actual amount paid to them depends on two factors: their location and whether their earnings meet the state’s minimum wage requirements.

Employers in New York can meet their minimum wage obligations by adding cash wages and tips that staff members receive during a particular hour. To gain a deeper understanding of the complexities of tipped wages in New York, take a look at the following table:

New York state minimum wage laws mostly follow federal standards regarding exceptions and exemptions. However, there are certain professions that fall under state laws and are exempt from the minimum wage.

Some of the federal examples include:

• Executive, administrative, and creative professionals who earn at least $1,200 per week
• Computer employees who earn a minimum of $1,200 per week or $30.00 per hour
• Highly compensated employees who earn at least $107,432 annually
• Outside sales employees with no minimum salary requirement

In addition, the state of New York exempts farm laborers, babysitters, taxicab drivers, workers for religious or charitable organizations, employees of summer camps, newspaper delivery workers, and amusement park volunteers or part-time employees from the minimum wage requirements.

The Fair Labor Standards Act (FLSA) says that payments that are less than the state wage are subminimum wages. They can be paid to:

• Student-learners
• Full-time students working in retail, agriculture, and service establishments
• People with impaired productive capacity (physically and mentally disabled individuals)

Students, in the state of New York, who work for businesses or organizations with religious, charitable, or educational goals will receive the subminimum wage. The employer may pay them 85% of the New York minimum wage, equating to either $12.75 or $13.60 per hour, depending on their place of employment.

The New York State Assembly is taking steps toward the elimination of subminimum wages for people with disabilities. This process took effect in November 2021. At the moment, employers are allowed to pay people in a rehabilitation program less than the minimum wage.

For more details, please visit this: official page.  

Employers doing business in New York are subject to a standard regarding the frequency of employee payments under Section 191 of the state’s laws. This legal obligation is based on the type of work the employees carry out and it is significant to note that employers in the federal, state, and local governments are not covered by this regulation. 

We have created a comprehensive table that details the specific payment frequency for various professions, to clarify expectations and provide a clear understanding:

For more details, please check: Labor Law Section 191.

In New York, like most states in the US, non-exempt employees are entitled to overtime pay if they have worked more than 40 hours in a week. This means that any hours worked beyond 40 will be compensated at a rate of 1.5 times the employee’s hourly wage. It is crucial to keep in mind that only regular payments will be taken into account when calculating overtime compensation. This means that any premium payments, expenses, gifts, or true premiums (such as those for working on weekends or holidays) will not be included. 

It’s also worth noting that the overtime rate law does not apply to federal, state, or local government employers and employees. On the other hand, it does cover non-profit organizations, private and charter schools, as well as teachers working in school districts. For residential employees or those whose duties are related to the employer’s premises, to be eligible for overtime pay, they must work more than 44 hours a week. The payment of overtime wages for working on holidays or at night is not mandated by New York labor laws, but employers are free to do so. In such cases, the standard overtime rules will apply.

The overtime rate is subject to a mix of federal and state exceptions under New York state law. The comprehensive list of exemptions, known as Section 651, can be overwhelming to navigate. 

The following is a list of some of the most notable exceptions and exemptions to the overtime rate in New York State:

• Executive, administrative, learned and creative professionals who earn at least $1200 per week (applicable in NYC, Suffolk, Nassau and Westchester counties; the salary exemption threshold for all other New York employees is $1,124.20 weekly)
• Outside sales professionals
• Farm laborers 
• Volunteers, interns, and apprentices
• Taxicab drivers 
• Employees of religious and charitable organizations
• Camp counselors 
• Part-time babysitters
• Employees of student organizations (such as fraternities, sororities, and faculty associations)

It is important to note that these exemptions are subject to change, so it is essential to regularly check for updates to the law.

In New York State, it is mandatory for certain employees to receive a full day of rest lasting 24 hours within a calendar week as per a regulation called a “day of rest”. Employers can request an exemption from this requirement, but it will only be approved if certain conditions are agreed upon and the application is granted.

In the state of New York, both private and public employees are entitled to a meal break as per state law. The different types of meal and rest periods are based on the occupation of the employee, as stated in Section 162 of the New York labor laws, and can be categorized into three groups:

• Workers in factories
• Non-factory workers
• Every employee (both factory and non-factory)

Factory workers in New York are entitled to a 60-minute meal break if they are working the first-morning shift. This break must be taken between the hours of 11:00 AM and 2:00 PM. However, if the worker starts their shift between 1:00 PM and 6:00 AM, the break must occur midway through the shift, but only if the employee has worked for a minimum of 6 hours. Similar regulations apply to non-factory workers, but the duration of their breaks varies. Accordingly, those who work the first shift are entitled to a 30-minute lunch break, while their midway breaks must last 45 minutes. All workers in New York are also entitled to an additional 20-minute break between 5:00 PM and 7:00 PM if their workday starts before 11:00 AM. and continues after 7:00 PM.

In exceptional cases, an employer’s request to shorten the length of the meal break may be granted by the Commissioner of Labor and Industry. This can occur in cases of undue hardship or other special circumstances. It is important to note that the time spent on meal breaks is not considered mandatory work time, and employers have the discretion to choose whether or not to pay for this time. However, if the employee works during a meal break, it must be compensated as work time.

For more info, please check the official page.

Special workplace accommodations for lactating and breastfeeding mothers are required in New York. It is prohibited for employers to discriminate against mothers based on their decision to breastfeed their babies or to express milk using a breast pump while at work in accordance with NYS Labor Law Section 206-C. Employers must give these mothers a reasonable amount of time, paid or unpaid, to meet their needs. Returning mothers are allowed to pump milk for up to three years after giving birth, and their employers must provide a private space, not a bathroom stall, for this purpose. If necessary, employers or employees may request a modified break schedule from the Commissioner in cases where the nature of the job requires it.

As per the guidelines laid out by the Fair Labor Standards Act (FLSA), the majority of employers across the United States are not obligated to provide compensation for time not worked. Despite this, employers understand the significance of offering paid time off to their workers.

However, when it comes to leave policies in New York, they can be differentiated into two categories: mandatory and optional. These categories are further elaborated on below:

In New York State, employers are mandated to provide certain types of leave to their employees, regardless of whether the leave is paid or unpaid. These leave times are important safety nets for workers who need time off for different reasons and are listed below:

• Sick Leave – This leave is now a requirement under New York law for all state employees to attend to their health as of April 3, 2020. The policy requires employers with 5 or more employees or a net income of $1 million or more to provide paid sick leave to their workers. The sick leave policy still applies to firms with fewer than 5 employees and a net income of less than $1 million, but it will be unpaid. All employees have the same ability to earn sick leave hours, regardless of their payment status. Employees receive 1 hour of sick leave for every 30 hours worked, beginning at the time of employment. The policy on sick leave is detailed and can be used by workers in all fields.
• Family and Medical Leave – Federal law states that employees can take up to 12 unpaid weeks off to care for a sick or injured family member, treat a serious health condition, bond with a new baby, or help a family member who was hurt while serving in the military. Employees who are taking care of a family member hurt while serving in the military may be given an additional 14 weeks of unpaid leave. According to state laws, the paid FMLA gives employees the right to more benefits. This requires the employee to have worked for the employer for a minimum of 26 weeks, and the leave must be taken for the following reasons: caring for a family member with a serious health condition, bonding with a new child, or handling obligations from a family member’s military service or deployment. In these cases, employees will receive 67% of their salary, with a cap depending on the length of leave taken. Employees who have worked for their employer for at least four consecutive weeks are also eligible for paid FMLA through Temporary Disability Insurance (TDI). Under this program, employees will get 50% of their normal pay for pregnancy-related reasons or illnesses “off the job”. It is important to note that adoption leave is treated in the same manner as parental leave, meaning employees are entitled to the same amount of time off for either the birth or adoption of a child.
• Jury Service Leave – According to New York law, all employers are required to give their staff members time off for jury duty as long as they meet the requirements of being a US citizen, being 18 years or older, and residing in the county they have been summoned to serve in. Employers are not required to pay the wages of employees who are on jury duty, but they are encouraged to do so. When a worker has jury duty, an employer with fewer than ten workers is permitted to retain the entire salary of the employee. If the company has more than ten employees, the employer must pay $40 or a day’s wage (whichever is less) for the first three days of jury duty. The state will make up the difference if the daily wage is less than $40.
• Voting Leave – New York state law grants all employees 2 paid hours to vote on election day, but this privilege is subject to certain conditions. If an employee has four consecutive hours to vote between the opening of the polls and the start of their shift, or if there is a gap of four consecutive hours between the end of the shift and the closing of the polls, they are considered to have “sufficient time to vote” and will not receive payment for the time taken off. For instance, if an employee works from 10:00 AM to 6:00 PM and the polls open at 6:00 AM, they have enough time to vote before their workday begins and will not receive the two paid hours. On the other hand, if the employee starts work at 8:00 AM and the polls open at 6:00 AM, they will receive the two paid hours. If an employee wants to take this time off, they must tell their boss at least two days in advance, which is usually taken to mean two business days.
• Witness and Crime Victim Leave – In the state of New York, employees who take the stand or are called in as witnesses in a criminal case are protected from retaliation from their employers by a law called “witness leave.” The employer, however, is not required to pay for the leave. The same rules apply to crime victims who are called to testify in court.
• Emergency Response Leave – Employees who may need to respond to emergencies or find themselves in a role as a “first responder” are legally entitled to a leave of absence under the provisions outlined in Section 24/28 of the Executive Law. These policies are designed to support and protect employees who work in critical roles, including healthcare professionals and technicians, firefighters, and law enforcement officers. The Office of Homeland Security and Emergency Preparedness is in charge of putting these laws into place and making sure they are followed so that employers can give their most important workers the time and help they need to respond to emergencies and keep the public safe.
• Time Off for Organ or Bone Marrow Donation – Section 202-B of the state statute passed by the New York Senate guarantees the right to leave for bone marrow and organ transplants for all employees who wish to donate to ailing individuals. All employees are given up to 7 paid days off so that they can donate bone marrow. In the same way, they have 30 days to donate an organ, but they have to tell their employer at least two weeks in advance. Employers can’t punish workers who ask for paid leave, and if they don’t follow the rules, they could be fined.
• Military Leave – The State Family and Medical Leave Act (FMLA) protects employees who need to take time off for military leave and are called to active duty or to fulfill training requirements in the National Guard or Reserves. These provisions offer financial support to employees who are called to serve in the military, providing 67% of their Average Weekly Wage (AWW) for a period of 12 weeks while they are on active duty. Over the past few years, the pay rate has seen a significant increase, rising from 55% of AWW in 2019 to 67% in 2021, with continued growth expected in the future. In addition to financial help, employees who have been in the military are given job security, health insurance that doesn’t end, and protection from discrimination and retaliation. To get military leave, 0.511% of your weekly wages must be taken out of your paycheck and given to the Family Leave for Military Service program.

Like many states in the US, New York also offers non-mandatory leaves of absence, giving employers the discretion to decide whether they would like to provide these options to their employees.

These non-mandatory leaves include:

• Bereavement Leave – Leave for bereavement falls under ‘time not worked.’ It is not a legal obligation and is only necessary if the employer has implemented a policy to provide such compensation.
• Vacation Time – Employers are not required by law to offer their employees paid or unpaid vacation time as it falls under “time not worked.” However, if an employer has promised such benefits in their company policy, they are obligated to compensate their workers for any unused vacation time.
• Holiday Leave – Leave for holiday falls under “time not worked.” It is not a legal obligation and is only necessary if the employer has implemented a policy to provide such compensation.

The following are the official state holidays observed in New York:

The New York Division of Labor Standards has rules about what kind of work minors can do and how many hours a day and week they can work. These rules are meant to protect minors from physical, moral, and emotional dangers in the workplace. Minors are allowed to work in New York, but only under specific conditions and guidelines. A child younger than 13 can’t work unless the Commissioner of Labor issues them a special permit. Employers are required to set up a flexible schedule for minors who work for them, with set shifts and breaks for meals. Even though there are no laws about breaks for minors in New York, state law says that all employees, no matter what age, are entitled to a 30-minute break.

Individuals under the age of 18 are prohibited from working during school days unless they have either graduated or dropped out of classes. This regulation applies to children who are homeschooled as well and they cannot work during hours that coincide with those of public schools.

Minors aged 14 and 15 are subject to certain restrictions when it comes to working hours, they cannot:

• Work more than 3 hours during a school day
• Work more than 8 hours on a non-school day
• Work more than 18 hours or 6 days per week

There are exceptions to this rule for minors who work as babysitters, bridge caddies at bridge tournaments, farm laborers, newspaper carriers, performers, and models.

The Cooperative Education Program (CEP) gives students a chance to put what they’ve learned in school to use in the real world. As part of this program, students are permitted to work up to 6 hours on a school day, as long as it does not conflict with school hours and requirements.

Outside of school hours, different restrictions apply to minors. Those that are aged 15- and 16 can work up to 48 hours per week, while  14 and 15-year-olds are allowed to work up to 40 hours per week. The federal government has more rules for people ages 14 and 15 who work for companies that do business across state lines. During school sessions, they cannot work more than 3 hours daily or 18 hours weekly. When school is out, the maximum is 8 hours daily or 40 hours weekly.

Special rules apply to kids ages 12 and 13 who have work permits from the Commissioner to pick fruits and vegetables. They may work from June 21 to Labor Day, for a maximum of 4 hours per day between 7:00 AM and 7:00 PM. These minors cannot work more than 4 hours per day, before 9:00 AM or after 4:00 PM, or when school is in session from the day after Labor Day to June 20.

There are no hour restrictions for minors 14 years of age or older working in farm labor.

Newspaper delivery can be a popular occupation choice for minors. To protect the safety and well-being of these minors, New York state law prohibits them from making deliveries between 7:00 PM and 5:00 AM. In consideration of seasonal weather differences, delivery must cease 30 minutes prior to sunset, if the sunset occurs before 7:00 PM. Minors aged 16 and under are restricted from working between the hours of 7:00 PM and 7:00 AM from Labor Day to June 20. However, after June 21, they are permitted to work an additional two hours, until 9:00 p.m.

In the United States, federal law prohibits minors from working in certain occupations. However, in New York State, the restrictions go even further, covering a wider range of careers that minors under the age of 18 are not allowed to engage in.

Some of the prohibited occupations in New York State include:

• Construction work
• Operating circular saws, band saws, and guillotine shears
• Employment in slaughterhouses, meat-packing establishments, or rendering plants
• Operating power-driven woodworking, metal-forming, metal-punching, metal-shearing, bakery, and paper products machines
• Operating power-driven hoisting apparatus
• Manufacturing of brick, tile, and similar products
• Jobs involving exposure to radioactive substances, ionizing radiation, silica, or other harmful dust
• Work in sawmills, lath mills, shingle mills, or cooperage-stock mills
• Mining or work in connection with a mine or quarry
• Serving as a helper on a motor vehicle
• Working in or taking care of a freight or passenger elevator (except for 16-year-olds who can run automatic elevators with push-button controls).
• Working in the manufacturing, packing, or storing of explosives, or in the use or delivery of explosives
• Packing paints, dry colors, or red or white leads
• Working in penal or correctional institutions if the job relates to the custody or care of prisoners or inmates

It’s important to note that these restrictions are in place to protect the health, safety, and well-being of minors in New York State. Employers and minors should both learn about these laws to make sure they are followed and to avoid any possible penalties.

Employers who violate laws regarding the employment of minors will face severe consequences. The initial violation will result in a fine of up to $1,000. Repeated offenses will result in a higher fine, with a maximum of $2,000. And for the third violation and all subsequent ones, the maximum fine will be raised to an even higher amount, up to $3,000. If a minor worker gets hurt or dies while working illegally, the consequences will be even worse. In this case, the fines can go up to three times the maximum amount, and there is a chance that more legal action will be taken.

For more details, please check the State Worker Protection in New York Article.