Jury, Witness, and Voting Leave
With prior notice of jury, witness, or crime victim leave, employers cannot take adverse action.
Whistleblower Protection
Employers may not discharge or discriminate against an employee for whistleblowing.
Call-In Pay
Employees who are required or permitted to report for work must be compensated for their time while in the workplace.
Minimum Wage
Minimum wages in New York are set to increase to $15.00 an hour, in phases, but rates vary by location.
Withholding or Docking Pay
Employers may not make deductions from pay unless they are required or allowed by law.
Pay Practices
The frequency with which employers in New York must pay their employees depends on the type of work.
Vacations
Whether an employer must pay for unused time depends upon the terms of the vacation or resignation policy. If employees have not been informed in writing, forfeiture provisions are invalid.
Termination Procedures
New York requires that an employer provide an employee with their final paycheck by the next regular payday and if requested, by mail.
Paid Sick Leave
This statewide sick leave law applies to all employers with employees in the state of New York and went into effect Sept. 30, 2020. Employers must allow the use of sick leave as of Jan. 1, 2021.
Required Posters
The State of New York requires that employers post the following notices in a prominent location.
New Hire and Rehire Reporting Requirements
New York requires that employers provide information to the New York State Department of Taxation and Finance.
Background Checks
Employers may not obtain credit or investigative reports on an applicant or employee unless they are informed it will be requested for employment purposes and the employee agrees in writing.
File Access, Records, and Retention
If an employee provides prior notice of the need for jury, witness, or crime victim leave, employers cannot take any adverse action against them.
Paid Family Leave Act
In 2016, New York State passed a Paid Family Leave (PFL) law that provides partial income replacement and job protection while workers are on leave for covered reasons, with access paid leave benefits in 01/2018.
Unlawful Discrimination
Anti-discrimination laws generally apply to all private employers with four or more employees. The prohibitions related to genetic disorders and the American flag apply to all employers.
Volunteer Emergency Responder Leave
Employers in New York must allow their employees to take leave to serve as a volunteer firefighter or a member of a volunteer ambulance service in response to an emergency.
Day of Rest
Most employers in New York must allow their employees to have at least 24 consecutive hours off from work every calendar week.
Child Labor
New York requires that employers obtain a work permit for minors. Minors must be paid at least the state minimum wage.
Mini-COBRA
Employers should provide an employee with a notice of their COBRA rights by first-class mail when a triggering event occurs.
