Employment Law in New York
If you have suffered treatment from an employer in New York that violates employment laws, learning more about the law can help. Hiring an employment law attorney can best help you navigate the process, and increase the chances of winning your case.
What Is Employment Law?
Employment law covers the rights, responsibilities, and obligations within the employer-employee relationship. Employment lawyers serve both employees and employers, though they generally focus their practice on serving one or the other. Regardless of who their clients are, their goal is to present a solid case and defend them.
Understanding Employment Law Labor Rights in New York
Employees have a wide range of rights that employers cannot violate. If employers violate these rights, workers can file a complaint against them. Each state has unique labor laws and some also make provisions for qualifying independent contractors. Below are the most common topics covered in employment law across the country.
Wage and Hour Laws
Laws protect non-exempt employees from being forced to work for low wages and a certain amount of hours without increased pay. These are the wage and hour laws. They outline the minimum wages an employee can earn as well as the maximum amount of hours worked before qualifying employees should get paid overtime.
New York, like every other state, has unique wage and hour laws. However, there are federal laws in place that are minimum requirements for all states. For example, the federal minimum wage is $7.25, but most states exceed that amount.
The Fair Labor Standards Act states that non-exempt employees can only work 40 hours per week at their regular wage rates. If they exceed that number, the employer must pay them overtime rates at a minimum of time and a half. Some states also require weekend overtime pay, holiday pay, and overtime for working more than a certain number of hours each day.
In 2017, New York enacted legislation for a statewide $15 Minimum Wage Plan. New York City already has a minimum wage of $15. As of December 31, 2021, Long Island and Westchester will have a $15 minimum wage. Currently, the rest of the state has a minimum wage of $12.50. Annual increases will continue in the rest of the state until the rate reaches $15. The target rate for the minimum tipped wage is $10.
According to the New York Department of Labor, overtime is paid at a rate of 1 ½ times your regular rate of pay for all hours worked over 40 in a workweek. Certain residential employees only receive this overtime rate for hours worked over 44 in a workweek.
Workers’ Compensation
If you’ve been injured on the job in New York, you might be entitled to workers’ compensation benefits. This includes payments for lost wages and past or future medical bills that resulted from your workplace injury.
In order to be eligible for workers’ compensation, you must meet these requirements:
- You must be an employee.
- You must have a work-related illness or injury.
- Your employer must carry workers’ comp insurance.
- You must meet the deadline for filing workers’ comp claims.
There are, however, exceptions to these requirements that may still make you eligible for workers’ compensation benefits. However, if your employer is denying you benefits, you should contact an experienced New York attorney for assistance with your case.
Termination Rights under New York Employment Law
If you live in an at-will state, or your employment is “at-will,” you can be terminated from your job without notice and without cause. However, even at-will employees have rights when it comes to termination. A violation of those rights can be wrongful termination.
Here are some reasons your termination might be wrongful even if you are an at-will employee:
- Written promises or contracts
- Implied promises
- Violations of public policy
- Breaches of good faith and fair dealing
- Workplace retaliation
- Discrimination
- Defamation
- Fraud
- Whistleblowing violations
New York is not currently a right-to-work state. This means that New York employees may be required to pay union dues or join a union as a condition for employment.
New York is an at-will employment state. This means that either the employer or the employee can end the employment relationship at any time, for any reason, or for no reason at all. While employers do not have to provide a just cause, federal and state laws still protect employees from unlawful termination. For example, firing someone in New York as an act of discrimination or retaliation is illegal.
If you believe your termination was wrongful due to the above circumstances, then contact a qualified New York employment law attorney right away. This is because there are time constraints on how long you can wait to file a claim.
Unemployment Benefits
If you’ve lost your job, you can file for unemployment benefits with the state unemployment agency. The agency will either approve or deny your claim. If it’s approved, you’ll receive monthly unemployment checks and benefits in the mail after filing weekly unemployment claims. Still, unemployment claims can be denied for a number of reasons, including:
- If you were fired for misconduct.
- You voluntarily quit your job.
- You do not have enough earnings during the work period.
If your claim is denied, then you can appeal the decision if you think it’s the wrong choice. Working with an experienced New York attorney during the appeal process can improve your chances of winning the case.
Paid and Unpaid Time Off
Additionally, some states require paid time off as well as medical and family leave for employees. Oftentimes, this is combined into one singular paid time off, (PTO), amount. Laws can vary state-to-state, but typically PTO is accrued over time and you’ll get a set amount of PTO days per year.
Some states have laws that force the employer to pay for unused PTO. If you are not given proper PTO or your employer doesn’t follow your state’s medical or family leave laws, you can file a complaint.
According to the National Conference of State Legislatures, New York State does not currently require employers to provide paid sick leave. However, New York has mandated Paid Family Leave (PFL). This program provides workers with job-protected, paid leave to bond with a new child, or care for a seriously sick loved-one. Keep in mind, PFL is insurance that is funded by employees through payroll deductions. Some employers may choose to pay for the PFL benefit, on behalf of employees.
Child Labor Laws
Child labor laws are a lot more strict than regular labor laws and require employers to be extra careful when scheduling minors. Each state has its own child labor laws that outline the number of hours a minor can work per week. These include how often they should have breaks, how many days in a row they can work, and how late they can work each night.
The New York State Division of Labor Standards enforces the statutes that govern working conditions for minors. Youths aged 14 to 17 need Working Papers to hold a job in New York State. The state differentiates the types of Working Papers required based on age bracket. For example, 14- to 15-year-olds have blue papers, since they are not allowed to work in a factory. Furthermore, 16- to 17-year-olds have green papers and face certain limits to the type of factory or construction work they can do. Also, employers who employ a child performer in New York must obtain a certificate to employ the performer. Additionally, parents must obtain a Child Performer Permit so the child is fully eligible to work.
New York Employment Anti Discrimination Laws
A collection of federal anti-discrimination laws protect workers from employment discrimination. Following are brief descriptions of some of these anti-discrimination acts:
- Title VII of the Civil Rights Act: Prohibits employers from selecting job applicants and employees based on race, religion, color, sex, and national origin.
- Age Discrimination Act: Prohibits discrimination based on age for employees over the age of 40 years old.
- Pregnancy Discrimination Act: Prohibits employers from discriminating based on pregnancy, childbirth, or a related condition.
- Americans with Disabilities Act: Prohibits employers from discriminating against people with disabilities at any time during the application or hiring process or once the person holds the job.
- Equal Pay Act: Requires employers to give men and women equal pay for equal work.
Sexual Harassment
If a coworker, employer, or client sexually harasses someone in the workplace; the employee has a set of rights to protect them from further harassment. Laws also offer protection from retaliation, such as getting fired for reporting a manager. If you or someone you know is being sexually harassed in the workplace, report it to your HR department.
New York recently strengthened protections against sex discrimination and sexual harassment under the New York State Human Rights Law (NYSHRL). According to New York’s Division of Human Rights, new legislation has made it simpler to file a discrimination complaint with the DHR. Furthermore, the statute of limitations for filing a sexual harassment complaint with the DHR has been extended from one year to three years. Additionally, New York State employers must adopt a sexual harassment prevention policy and training program that meets the law’s minimum standards.
Work With an Experienced New York Employment Lawyer
If you have employment law concerns, or you’re currently preparing for a case in New York, then working with an experienced attorney can help. The hard part is finding the right one. We can even help you connect with an attorney across New York state lines.
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