Employers in New York State Must:
- Give a Notice of Pay Rate and Pay Day to each worker when hired
- Keep daily and weekly records of work hours for all workers
- Provide at least a 30-minute meal break after 6 hours of work (unpaid)
- Pay for all hours an employee works
- Pay at least the NYS Minimum Hourly Wage*
- Pay overtime/time and a half for work over 40 hours in a week**
- Pay on the same day, every week (cash or check)
- Give a paystub/receipt with every wage payment
- Pay one hour’s pay at the Minimum Wage rate in addition to the hours worked for any day if the spread of hours is 10 or more, or there is a split shift.
- Employers may not make any unauthorized deductions.
New York State 2021 Minimum Hourly Wage Rates
|Batavia, Buffalo, Finger Lakes, Goshen, Monticello, Saratoga, Tioga, Vernon||$13.20|
H2-B Job Order Applications
Based on visits to race tracks, communications with employers and workers and guidance from the Chicago National Processing Center, the New York State Department of Labor's Foreign labor Certification Unit is providing the following recommendations to agents and employers submitting Racetrack H2-B job order applications:
Employers should begin the process by obtaining Prevailing Wage Determinations for every location where H-2B workers will be employed (Form ETA 9141). For example, employers should obtain prevailing wage determinations for Nassau County (Belmont Race Track), Saratoga County (Saratoga Race Track) and Queens County (Aqueduct Race Track) if H-2B workers will work at all locations.
Employers should file in one of two ways:
- One request for prevailing wages (ETA Form 9141), one application (ETA Form 9142B) and one job order (FL 515) including all intended worksites. In this instance, the employer would be required to pay the highest of the wages determined among all the worksites for the duration of the contract.
- Separate requests for prevailing wages, applications and job orders with different dates of need for each intended worksite. With separate Prevailing Wage Determinations, applications, and job orders, the employer could pay the specific wage rate determined for each worksite during the different periods of need.
Guidance for Submitting H2-B Job Order Applications
Additional points to keep in mind when submitting Racetrack H2-B job order applications:
- Employers should have separate job orders for the different backstretch jobs, i.e. hot walker, grooms, and assistant trainers. Job descriptions should reflect the accurate duties, hours, and pay for the job title.
- Employers should disclose the overtime rate, even if they do not expect overtime will be worked.
- Employers should disclose "optional housing may be provided free of charge" in the backstretch.
- Employers should disclose any additional duties or potential non-discretionary bonus. For example, "1% of any winning purse will be paid out to workers in the following week's paycheck" or "$50 paid to a worker that walks a horse to the start gate will be paid out in the following week's paycheck."
- The Foreign labor Certification Unit will work with agents and employers to ensure H-2B job orders are accurate and compliant with State and Federal law. General job descriptions that do not reflect accurate working and living conditions will be issued a notice of deficiency.
- As a general reminder, all qualified domestic workers who apply for these jobs should be interviewed and hired. All domestic workers performing the same duties as H-2B Foreign Guest Workers must be paid the same (or higher) wage rates.
Sexual Harassment Prevention
For information and resources to help business owners comply with New York's new sexual harassment prevention regulations, visit our page on combating sexual harassment in the workplace.
If you have questions or comments, please call us at 877-466-9757 or email us at [email protected]