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What is the current Minimum Wage in New York State? | View details on current minimum wage. | ||||||||
Can employers require their employees to wear uniforms? |
Yes. However, the cost of buying and/or taking care of a uniform must not bring the employee below the minimum wage. IF...
THEN...
OR...
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Do the minimum wage requirements cover everyone? |
Most people are covered by the minimum wage requirements. However, some people are not. Those who are not covered include:
For more detailed information on some of the exclusions in the above list, please see our The Labor Law does not consider independent contractors - people who are in business for themselves - as "employees." This means that minimum wage requirements do not cover independent contractors. |
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Where can I find the required posters that summarize the minimum wage rules? | Article 19 of the Labor Law requires employers to post the provisions of the Minimum Wage Act. View Posters. | ||||||||
What are the rules for overtime? |
The overtime requirement is based on hours worked in a given week. In general, if you have worked more than 40 hours in a pay week, and are not "exempt", you must be paid an overtime rate for all hours over 40. If you are a farm worker, you must be paid an overtime rate for all hours worked over 60 in a calendar week, and/or for any hours worked on your day of rest. See the chart below:
Federal law excludes some types of employees from the requirement to receive one and one-half times their regular rate of pay. Many people call these "exempt" positions. The Fair Labor Standards Act (FLSA), listed by the U.S. Department of Labor, Wage and Hour Division, outlines occupations excluded by federal law. You can find the act at: https://www.dol.gov/agencies/whd/flsa New York State follows these exclusions. However, the State still requires that most workers receive at least one and one-half times the minimum rate for their overtime hours in businesses covered by the Miscellaneous Wage Order. |
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Where can I find details about the state laws for employing minors? | |||||||||
How many hours can an employer ask an employee to work? |
There are no limits on:
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Must an employer give meal periods and "breaks" to workers? |
Employees who:
Meal periods do not count as work time, thus employers need not pay for that time. Employers do not have to provide other "breaks", such as for "rest periods" or "coffee breaks." But, if an employer permits a break (of up to 20 minutes), then they should pay it as work time. |
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Must an employer pay workers for sick time, holidays and/or vacations? |
Under a new revision to the New York State Labor Law,196-b, employers are now responsible for providing sick leave to their employees as follows:
Payment for time not actually worked, other than sick time, is not required unless the employer has established a policy to grant such pay. Holidays and vacations fall under this 'time not worked.' When an employer does decide to create a benefit policy, that employer is free to impose any conditions they choose. Fringe benefits may include:
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What is the status of an employer's oral agreement to provide a particular fringe benefit? |
Section 195.5 of the Labor Law states: Every employer shall notify his employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours. If an employer does not have a written policy, the oral policy (or past practice) may be enforced - if the terms of the policy can be confirmed through an investigation. Moreover, violators of § 195.5 are subject to civil penalty. |
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When employees resign -- or are discharged -- from a job, must the employer pay them for any accrued, unused vacation time? |
Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. [See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit. IF...
AND...
THEN...
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How can employees get help to collect Wage Supplements (fringe benefits) that their employer owes them? |
The Division of Labor Standards investigates and tries to collect claims for unpaid benefits or wage supplements which the employer has agreed to provide. Wage supplements include:
Notice Requirements for Fringe Benefits and Hours Unpaid/Withheld Wages or Wage Supplements/Fringe Benefits Claim Information Labor Standards Complaint Form (LS 223) Information About Filing a Claim (LS 223.2) Submit completed claim forms to:NYS DOL Division of Labor Standards State Office Campus Building 12, Room 266B Albany, NY 12226 |
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Does the law require that an employer "give notice" of termination? |
The New York State Worker Adjustment and Retraining Notification (WARN) Act became a law on August 5, 2008, with the approval of the Governor (passed by a majority vote, three-fifths being present). Under the provisions of the act:
View information regarding state WARN regulations and Rapid Response re-employment services. |
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Where will I find details on pensions and retirement funds, 401Ks, health & welfare plans, continuation of health care coverage and severance? |
The Employee Benefits Security Administration enforces the Employee Retirement Income Security Act (ERISA). It also enforces the Consolidated Omnibus Budget Reconciliation Act (COBRA). These acts cover matters that involve:
www.dol.gov/ebsa/ |
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Can you fire an employee without due cause? |
Yes. New York is an 'at-will' employment State. Without a contract restricting termination, generally an employer has the right to discharge an employee at any time for any, or no, reason, providing it is not an act of illegal retaliation or discrimination (see below). An employee also has the right to leave their job at any time, without needing to defend or explain that decision.There are, however, exceptions to 'at-will' employment in New York State. The New York State Division of Human Rights enforces laws which prohibit discrimination based on the following:
The New York State Department of Labor enforces Labor Law Section 201-d, which prohibits discrimination against the engagement in certain activities, including:
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When must terminated employees get their last check? |
When employment has ended, the employer must pay the wages by the regular payday for the pay period worked. If asked, the employer must mail the final wages to the employee |
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How can employees get help to collect wages their employer owes them? |
The Division of Labor Standards investigates claims for unpaid or withheld wages, including illegal deductions, and tries to collect these wages. Labor Standards also enforces the prohibition against illegal kickback of wages and tip appropriation. View information on Unpaid/Withheld Wages or Wage Supplements/Fringe Benefits Claims.Labor Standards Complaint Form (LS 223) Information About Filing a Claim (LS 223.2) Submit completed claim forms to: NYS DOL Division of Labor Standards State Office Campus Building 12, Room 266B Albany, NY 12226 |
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May employers deduct money from wages? |
Employers are only allowed to deduct certain items from an employee's wages, such as taxes, insurance premiums, union dues, etc. They are not permitted to charge employees for breakages, cash shortages, fines or any other losses to the business. For more detailed information on deductions, please see Section 193 of the New York State Labor Law. |
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What information must an employer's payroll records contain? |
Employers must keep payroll records showing, for each week worked by an employee:
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What posters must employers display in the workplace? Where can they get the posters? | |||||||||
What notices must be provided to employees? |
New York State Labor Law requires all employers to display a Minimum Wage Poster. However, employers in certain, specific industries have more posting responsibilities. As shown on the above website, employers "engaged in the sale or service of food or beverages" must post:
To obtain federal posting requirements, contact the U.S. Department of Labor here. |
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Where can I find the New York State Labor Laws on the Internet? | The New York State Labor laws are available online at the New York State Senate website: https://www.nysenate.gov/legislation/laws/LAB |