New York State Labor Law

Minimum Wage

As of July 24, 2009, the minimum wage in New York State is $7.25 an hour. This minimum wage applies to all employees in New York State, including most domestic workers. However, some industries make allowances for tips and therefore can set a lower hourly pay. For example, food service workers who earn tips as part of their total compensation may earn $4.65 an hour. Allowances are given for employees who are required to maintain their uniforms and for employers who supply meals and lodging.

Gratuities

Section 196-d of the New York State Labor Law states that no employer or agent of an employer can demand or accept any part of the gratuities (tips) given to an employee or keep any part of a tip that is meant for an employee. This means that managers are not allowed to take tips from employees where the employer uses the tips as a reason to pay the employee less than minimum wage. However, the law does not define exactly what an "agent" of the employer is, which has resulted in the courts making that distinction through lawsuits filed against employers for forced tip-sharing.

At Will Employment

New York is an "at will" employment state. As such, at-will employees can be terminated for any reason, except reasons that are deemed to be illegal, such as on the basis of race, nationality or sexual orientation, or because the employee refuses to break a law. Employees who are covered by an employment contract can usually only be terminated for the reasons set out in the contract. At-will employment also protects the employee's right to resign.

Workers Adjustment and Retraining Notification (WARN) Act

The New York State Workers Adjustment and Retraining Notification Act was enacted to give employees early warning of business closings and mass layoffs. Under WARN, employers must provide 90 days' notice before a plant closing, mass layoff, relocation or other covered reduction in work hours. WARN applies to private employers with 50 or more workers in New York State and covers business closings or layoffs involving 25 or more employees.

The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act is a federal law regarding employee wages and hours worked, including overtime hours and wages. Under the FLSA, some workers can be exempted from overtime pay. However, those workers must fit the criteria the FLSA sets out for exemption. New York's laws also apply to employment subject to the FLSA. In cases where both the FLSA and state law apply, the law setting the higher standards must be observed.

More information on how the Fair Labor Standards Act applies to overtime can be found here.

Family Medical Leave Act (FMLA)

The Family Medical Leave Act (FMLA) is a federal act that requires that covered employers provide up to 12 weeks of unpaid leave to eligible employees for the following reasons: the birth and care of the employee's newborn child; care for a child after adoption or foster care placement; leave due to a serious health condition that affects the employee's own ability to work; or the need for the employee to care for a spouse, child or parent with a serious health condition.

New York employees are eligible for FMLA coverage if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months (not necessarily consecutive months) and if a minimum of 50 employees are employed by the same employer within 75 miles.

Covered employers are those who employ more than 50 employees within 75 miles of the worksite and have at least 50 employees who work 20 or more work-weeks in the current calendar year or the previous calendar year. Public agencies are covered by the FMLA regardless of the number of employees.

Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Act is a federal law enacted to ensure that employees work in an environment that is free from recognized hazards. It is part of the United States Code, Title 29, Chapter 15.

Federal laws also protect employees from sexual harassment and discrimination, including race, age, disability and pregnancy discrimination.

Employees who feel their rights have been violated may have the opportunity to bring their complaint before the courts.