New York Labor Laws - The Complete Guide for 2024

Operating a business in New York State can be difficult for some employers, especially when it comes to managing compliance with New York State labor laws. Employers and HR professionals can use this guide to better understand the labor laws covering New York businesses and to better manage compliance.

New York Labor Law Compliance Overview

Prior to the start of the COVID-19 pandemic, New York labor laws were already difficult to manage compliance with. Since the start of the pandemic, business owners in New York State, as well as New York City, have had to adjust to an entirely new level of compliance management.

New York Hiring Laws

Relative to other subject areas of New York Labor Law, hiring law is certainly on the smaller end. However, there are four aspects employers should be aware of.

New York New Hire Reporting

When a New York employer hires a new employee, specific information must be reported to the state within 20 calendar days of the hiring date.

New hire reporting required information includes:

• Employee Name
• Address
• Social Security Number
• Hire Date
• Employer Name
• Employer Address
• IRS Employer ID Number (EIN)
• If Employee Qualifies For Dependent Health Insurance, Plus Qualifying Date

Employers can either apply online through the New York New Hire Online Reporting Center or by submitting a copy of Form IT-2104 in place of or in addition to Form W-4. Forms must be submitted through fax or by mail to the New York State Department of Taxation and Finance.

“Ban the Box" Law

While not necessarily a state-wide law, employers should be mindful of any county or city-specific “Ban the Box” restrictions or regulations like those in Buffalo and New York City (NYC). These can include removing conviction and arrest history questions and potentially delaying background checks until later in the hiring process. 

For employers with employees in NYC and in upstate New York, it’s best practice to apply the law across the company rather than just a portion of those employed in the area with the law.

New York Salary History Ban

Across the state of New York, it is illegal for an employer to inquire, orally or in writing as well as indirectly or directly, about an applicant's salary history information, according to the New York State Salary History Ban. 

Important to note is that employers also may not use an applicant’s salary history information to determine whether or not to interview a candidate or in determining a salary to offer a potential new hire. Employers should also be aware of any local laws that expand protections as well.

Wage Theft Protection Act (WTPA)

While primarily relating to New York wage and hour laws, employers must remember to have newly hired employees sign a Notice of Pay Rate as part of the onboarding process.

New York Wage & Hour Laws

Staying compliant with both Federal and New York Wage and Hour Laws is a common challenge for employers throughout the state to comply with. New York employers need to manage payroll compliance across areas like minimum wage, overtime, meal and rest breaks, deductions, pay frequency, and final pay check requirements.

New York Minimum Wage

New York minimum wage presents a particular challenge for employers, as there are many different wage requirements that are dependent on the location within the state. 

With the last changes having taken effect on January 1st, 2024, the minimum wage rates in New York are as follows:

• New York City, Long Island, Westchester - $16.00
  • Tipped Service Employees - $13.35
    • $2.65 Tip Credit
  • Tipped Food Service Workers - $10.65
    • $5.35 Tip Credit
• Remainder of New York State - $15.00
  • Tipped Service Employees - $12.50
    • $2.65 Tip Credit
  • Tipped Food Service Workers - $10.00
    • $4.00 Tip Credit
• All Fast Food Employees Across New York - $15.00  

Upcoming Minimum Wage Changes

New York's minimum wage is scheduled to continue increasing on January 1st for the next two years as well. 

What Are Tip Credits?

New York allows employers to satisfy the minimum wage by combining a “cash wage” with a credit or allowance for tips that the employee receives from customers. This allowance is known as the tip credit.

New York Payroll Deductions

The laws for payroll deductions in New York are relatively straightforward. Generally, employers are only able to deduct pay from an employee’s wage in the following instances:

• The deduction is related to the recovery of overpayment that is due to an employer error
• The employer is collecting money for repayment of advances 
• The deduction is voluntarily authorized, in writing, by the employee 
  • Such deductions are limited to payments for:
    • Insurance premiums
    • Pension or health and welfare benefits
    • Payments or dues to a labor organization
    • Discounted parking or discounted passes that entitle the employee to use mass transit

There are relatively infinite other instances in which an employer is not allowed to deduct pay from an employee. However, there are some instances where employers commonly make the mistake of deducting pay, these include but are not limited to:

• The purchase of tools, equipment, and attire required for work
• Recouping of unauthorized expenses
• Repayment of employer losses, including for spoilage and breakage, cash shortages, and fines or penalties incurred by the employer through the conduct of the employee
• Fines or penalties for tardiness, excessive leave, misconduct, or quitting without notice

New York Overtime

According to New York Overtime Law, employers must typically pay employees 1.5 times their regular rate of pay for all work over 40 hours in a week. If an employee’s rate of pay differs at times, then use the average as the regular rate of pay. 

Under certain circumstances under the Fair Labor Standards Act (FLSA) and the New York Minimum Wage Act and applicable regulations, some positions may be exempt from overtime regulations including bona fide professional, administrative, and executive employees. In order for a position to qualify as exempt, employers must apply for a position duties test. 

Overtime Exceptions

For salaried professionals, executives, and administrative staff whose weekly salary is 75 times the minimum wage rate, overtime is not required.

• Call-in pay – If an employee goes to work as scheduled and their employer sends them home early, they may be entitled to extra hours of pay at the minimum wage rate for that day. 
• Spread of hours – If an employee's workday lasts longer than ten hours, they may be entitled to extra daily pay at a rate equal to one hour of pay at the minimum wage rate. 
• Uniform maintenance – If an employee cleans their own uniform, they may be entitled to additional weekly pay.

Overtime payment requirements in New York also do not apply to:

• Federal, state, and local government employees
• Bona fide professional, administrative, and executive employees
• Outside sales personnel
• Students employed by religious, educational, or charitable institutions
• Students working for sororities, fraternities, college clubs, and dormitories
• Farm laborers
• Physically or mentally impaired individuals working for religious, educational, or charitable institutions
• Casual babysitters and companions
• Taxi cab drivers
• Bona fide volunteers
• Apprentices and learners
• Member of religious orders (such as duly ordained, commissioned, or licensed ministers, priests, rabbis, sextons, or Christian science readers)
• Summer camp employees working for religious, educational, or charitable institutions 
• Youth camp staff counselors

Wage Payment Timing and Pay Periods in New York

In New York, employers usually need to pay employees at least twice per month on paydays scheduled ahead of time, which is commonly referred to as the pay period. However, fringe benefits such as vacation pay must be paid within 30 days after regular payment is required to be paid. 

New York does have specific payment timing rules for certain industries, these include:

• Manual Workers - must be paid weekly and no later than seven days following the end of the pay period. Some exceptions can apply.
• Commission Salespeople - must be paid at least once per month and by the last day of the month for all compensation (not just commission) earned in said month. 

Important to note, however, is that employers must adhere to whatever wage or other payment schedules they have set forth via the agreed terms of employment or in an employee handbook.  

New York also has something the aforementioned Wage Theft Prevention Act (WTPA), which expands employee notification rules, enhances available remedies for wage law violations, and strengthens whistleblower protections.

New York Final Pay

When it comes to final pay in the state of New York, rules are pretty straightforward. If the employee quits or is involuntarily terminated, then the final paycheck is due by the next regular payday. 

Important to note is that employees have the right to request the final pay be mailed in this instance. 

However, the payment of any unused benefits upon termination can vary. In accordance with the law, employers may define conditions in which employees lose any accrued benefits upon termination. These conditions must be in writing and given to all employees.

Meal and Rest Break Requirements in New York 

New York State break laws require that employers offer employees meal and breastfeeding breaks to employees who qualify. There are also certain scheduling provisions for certain industries. 

Meal Breaks

Employees earn a 30-minute meal break for working at least six hours that span across 11:00am and 2:00pm (example: working from 10:00am-4:00pm). 

Employees earn a 45-minute meal break for working over six hours and whose shift starts between 1:00pm and 6:00am. 

Employees earn an additional 20-minute meal break between 5:00pm and 7:00pm, if their workday begins before 11:00am, and ends after 7:00pm.

Breastfeeding Breaks

Employers are required to provide reasonable unpaid break time each day to express breast milk for up to 3 years following childbirth. Employees who are nursing may elect to use paid break time if they wish. Employers must also make reasonable efforts to provide a room or area in close proximity to the work area where employees can express breast milk in privacy. 

New York City employers with at least four employees must provide specific lactation rooms that include a refrigerator for milk storage, as opposed to just any room which offers privacy. In addition, employers must also maintain a lactation room accommodation policy, which shall be distributed to employees.

Rest Breaks

Rest breaks are not required, but all breaks 20 minutes or less must be compensated as hours worked.

Industry-Specific Scheduling Requirements

Employees must be given at least one 24-hour rest period each calendar week in the following industries:

• Factories
• Hotels
• Restaurants
• Office Buildings
• Apartment Buildings

New York Child Labor Laws

Both federal and New York State laws include provisions for child labor, and where state and federal child labor laws overlap, the law which offers the higher protection applies.

Work Permits & Recordkeeping

Employees under the age of 18 must show an employment certificate, more commonly referred to as working papers. These can be obtained through a school official. Child performer permits, however, have separate provisions. 

These papers must be kept for the duration of the minor’s employment, at the place of employment. Upon termination of employment, the papers must be given back to the minor.

Hours Worked Restrictions

In addition to requiring employers to post the schedules for minors in an easily accessible manner, there are also certain restrictions on hours worked. 

In addition to minors under the age of 18 not being allowed to work during school hours (unless they have graduated or withdrawn) may only work the following hours:

• When school is in session…
  
  • Ages 14-15 may work up to 3 hours on a school day and up to 8 hours any other day. They can work up to 18 hours a week, 6 days per week, and only between 7:00am and 7:00pm.
  • Ages 16-17 may work up to 4 hours each day preceding a school day, and up to 8 hours any other day. They can work up to 28 hours a week, 6 days per week, and only between 6:00am and 10:00pm (can work until midnight with proper written consent from school and parent or guardian).
• When school is not in session
  • Ages 14-15 may work up to 8 hours a day. They can work up to 40 hours a week, 6 days per week, and only between 7:00am and 9:00pm.
  • Ages 16-17 may work up to 8 hours each day. They can work up to 48 hours a week, 6 days per week, and only between 6:00am and 12:00am.

NOTE: Employers should be aware that there are special considerations for students in programs such as approved work/study programs and Cooperative Education Programs.

Restricted Duties for Minors

Minors under the age of 18 as well as under the age of 16 have restrictions on the duties they may be asked to perform. Employers can find the list of restricted duties and occupations from the New York Department of Labor (DOL).

New York Employee Benefits Laws

New York employers that offer a group health insurance plan generally must offer coverage to employees, their spouses, and dependents if they have fewer than 20 employees, or if the employee or relative is eligible for less than 36 months of federal COBRA coverage, according to the New York COBRA law.

New York Mini-COBRA

All employers offering a group health insurance plan must also offer coverage to employees, their spouses, and dependent children if they are not eligible for 36 months of federal COBRA and:

• They lose group coverage due to termination of employment, reduction in hours of employment, or loss of membership in a class eligible for coverage
• Spouses who lose group coverage due to the employee's termination of employment, reduction in hours of employment, death, divorce, legal separation, eligibility for Medicare, or loss of membership in a class eligible for coverage
• Dependent children who lose group coverage due to a loss of dependent child status under the plan or the employee's termination of employment, reduction in hours of employment, death, divorce, legal separation, eligibility for Medicare, or loss of membership in a class eligible for coverage

In New York, mini-COBRA coverage lasts for 36 months. Alternatively, employees or their relatives can use federal COBRA coverage for as long as they can, and use mini-COBRA coverage until they have received a full 36 months of coverage combined. 

Employers are legally responsible for COBRA and mini-COBRA administration. However, many employers choose to contract administration out to a third party administrator (TPA).

Notice of continuation coverage must be included in each certificate of coverage. The employer must also notify qualified beneficiaries of their mini-COBRA rights within 14 days of a mini-COBRA-qualifying event or receiving notice of a mini-COBRA-qualifying event.

Mandated Disability Benefits in New York

In New York, employers are required to provide disability benefits to partially replace lost wages due to off-the-job injuries or illness. These benefits should be in the form of weekly cash benefits. 

Covered employers include any employer with at least one employee. However, that one employee must have worked for at least 30 days in any calendar year. After the 30th day, the employer becomes “covered” 4 weeks later.

An employer, if they choose to, may collect contributions from employees to offset the cost of providing disability benefits. However, this is not a common practice. Employers must also provide employees who have been disabled for more than 7 days with a Statement of Rights within 5 days of the employee notifying them of being disabled.

New York Leave Laws

Without a doubt, New York has one of the most expansive sets of state leave laws in the country. The following sections contain overviews of the many New York leave laws.

New York State Sick Leave

A core component of New York Sick Leave Laws is the New York State Paid Sick & Safe Leave Law, but this is just one of three different sick leave laws in the state, with the other two being specific for New York City and Westchester County. 

Employers in New York State are required to provide all employees in the state, regardless of employees' occupation, class, etc., with 40 to 56 hours of paid or unpaid leave each year depending on the size and income of their business.  

Any paid sick leave is compensated at the regular rate of pay for the employee. Employers may not take a tip allowance as a credit against minimum wage for leave time. Employers also are not required to payout employees for any unused sick time.

Employers with policies that meet or exceed the requirements of New York sick leave law are not required to provide employees with additional leave. It's important to note that employers must also reinstate employees to their former position, pay, and terms of employment following the conclusion of leave. 

New York Sick Leave Eligibility

Employers with less than five employees and an annual income of $1 million or less are required to provide a minimum of 40 unpaid hours of leave annually.

Employers with less than five employees and an annual income of over $1 million is required to provide a minimum of 40 paid hours of leave annually. 

Employers with five to 99 employees, regardless of income, must also provide a minimum of 40 hours of paid leave annually.

Employers with 100 or more employees, regardless of income, must offer a minimum of 56 hours of paid leave annually.

When calculating the number of employees in an organization for eligibility purposes, employers must use the highest employee count at any point in the given year. While income, for companies with less than five employees, should be pulled from the previous tax year.

New York Sick Leave Accrual

Employees in New York State accrue one hour of sick leave for every 30 hours worked, up to the limits specified in the above section.

Alternatively, employers may choose to frontload the hours to employees. However, once the sick leave hours are given they can not be taken back due to a lack of hours worked. 

Employees may also carry over unused sick leave to the following calendar year. However, employers may limit the number of hours an employee may accrue using the same limits specified in the section above, with the limit depending on the size of the business.

Sick Leave Usage in New York

Employees may begin using sick leave as soon as it becomes available to them. In other words, on the first day of employment if the employer frontloads the hours, or as soon as they have the hours they need, accrued. However, they do need to notify the employer prior to taking leave, unless the employer says otherwise.

Employers may set a reasonable minimum increment for using sick leave if they wish. However, it must be no higher than four hours.  

Employees may use sick and safe leave for the following reasons:

• An employee’s or employee’s family member’s mental or physical illness, injury, or health condition
• The diagnosis, care, or treatment of a mental or physical illness, injury, or health condition of the employee or employee’s family member
• The need for a medical diagnosis or preventive care for an employee or employee's family member 
• To obtain services from a domestic violence shelter, rape crisis center, or other similar services
• To participate in safety planning, relocate, or any other necessary precaution for the employee or employee’s family safety
• To meet with an attorney or other social services provider
• To file a complaint or domestic incident report 
• To meet with a district attorney's office
• To enroll children in a new school
• To take any other actions necessary to ensure the health or safety of the employee or the employee's family member or to protect those who associate or work with the employee

Here are a couple other things that are important to note.

A family member is defined as the child, spouse / domestic partner, parent, sibling, grandchild, or grandparent of the employee. It also includes the child or parent of an employee's spouse or domestic partner. Keep in mind that a “parent” can be any legal guardian, just as a “child” does not have to be biological.

An employer may not inquire as to the reason for providing sick leave regarding confidential medical information, or any information related to safe leave reasons (i.e. domestic violence). However, an employer may ask for the following, if an employee requests leave for three or more consecutive days or shifts:

• An attestation from a licensed medical provider supporting the need for leave, the amount of leave needed and a date the employee may return to work
• An attestation from an employee of confirming eligibility for leave

Sick Leave Recordkeeping for New York

Employers must provide the amounts of sick leave accrued and used in the current and previous calendar years by any employee who requests the information, within three days of the request.

Employers must also keep records of weekly accrued sick leave for six years.

New York City Sick Leave

New York City employers have the difficult task of managing compliance with their own New York City Paid Safe and Sick Leave Law. The law covers all private employers with a few exceptions.

The first important distinction between the City and state law is that New York City employers must have less than five employees and have an annual income of LESS than $1 million in order to only be required to offer unpaid leave, whereas the rest of the state may have an annual income of $1 million OR less.

While there used to be restrictions on use, as of January 1st, 2021 employees may use sick leave as it accrues. 

The biggest differences are the responsibilities of the employer and employee when it comes to notices and recordkeeping. 

Generally, employers must provide: 

•  A written notice of employee rights in English and his or her primary language upon being hired
• A notice in an accessible location in the workplace
• Distribute a written safe or sick leave policy to each employee at the start of employment, within 14 days of the effective date of any changes to the policy, and upon the employee’s request
• The employee's total balance of safe and sick leave each pay period (in writing)
• The amount of safe and sick leave the employee used and accrued during the pay period (in writing)

Employers may also require seven days of advanced notice for foreseeable safe or sick leave. In the case of unforeseeable leave, employers may require notice as soon as practicable. 

Lastly, employers must retain the following records for at least three years:

• Name, address, phone number, employment start and end date(s), rate of pay, hours worked each week, and whether he or she is exempt from state overtime requirements
• The date and time of, and amount paid for, each instance of safe or sick leave used
• Changes in material employment terms specific to the employee
• The date that the Notice of Employee Rights was provided and proof that the employee received it

Westchester County Sick Leave

The final sick leave law in the state of New York pertains to generally all employers in Westchester County. Westchester County Sick Leave Law covers employees that are employed in the county for over 80 hours in a calendar year. 

Employers with five or more employees generally must provide paid sick leave compensated at the employee’s normal hourly rate. Employers do not need to compensate employees for unused paid leave. Employers with fewer than five employees must provide unpaid sick leave. 

Employees accrue an hour of sick leave for every 30 worked, just as the rest of the state, but may only accrue up to 40 hours of leave. And while an employee begins accruing sick leave at the commencement of employment, an employer may require that an employee work for up to 90 days before being allowed to use any accrued sick leave.

Employers must give each employee upon hiring a copy of the law and written notice as to how it applies, as well as display a labor law poster in English, Spanish, and any other appropriate language.

Employees, on the other hand, are only required to provide notice when leave is foreseeable. Any employer that requires said notice must provide a written policy containing the procedures to provide notice.

For sick leave of more than three consecutive work days, an employer generally may require reasonable documentation that the leave has been used for a purpose covered by the law. 

Employers must also retain records of hours worked, accrued, and used leave for at least three years.

Westchester County Safe Leave

For Westchester County, safe leave applies to employees that have worked for their employer for more than 90 days. 

Eligible employees are entitled to 40 hours of leave that can be used in full days or increments, and that is compensated at the normal hourly rate of the employee. 

For more information on Westchester County Safe Leave Law, see here.

New York Paid Family Leave (PFL)

In addition to sick leave, New York employers also need to comply with the state family leave laws, better known as New York Paid Family Leave (PFL). The law applies to all employees who work 20 or more hours per week, for at least 26 consecutive weeks. Any employees that work less than 20 hours per week become eligible after the 175th day worked. 

Employers in the state must purchase a PFL insurance policy, however, employees pay the premiums. For 2022, employers may deduct 0.511% of weekly wages, up to an annual cap of $423.71. 

Employee health benefits for any employee on PFL must be maintained by the employer. The employer must also restore that employee to their prior position (or something comparable) with the same compensation and benefits.

Using New York PFL Leave

Effective since the start of 2021, employees are entitled to up to 12 weeks of paid family leave over any 52-week period. Compensation shall be that of 67% of the employee’s average weekly wage. Compensation, however, can not exceed 67% of the state average weekly wage (not to be confused with minimum wage).

Eligible employees can use PFL leave for the following reasons:

• Providing care for a child/stepchild (and anyone for whom you have legal custody), spouse, parent, stepparent, parent-in-law, grandparent, grandchild, (sibling, effective Jan. 1, 2023) or domestic partner with a serious health condition
• Birth, adoption, or fostering of a child
• A spouse, domestic partner, child, or parent being on or notified of impending active military duty
• Certain coronavirus (COVID-19)-related reasons.

New York PFL Notices and Recordkeeping

Employees are required to notify employers 30 days in advance of taking any foreseeable paid family leave. Otherwise, if the leave is not foreseeable, the employee will notify their employer as soon as practicable. 

Employers, on the other hand, are required to:

• Maintain written guidance for employees concerning paid family leave rights and obligations, including information on how to file a PFL claim
• Provide the Statement of Rights for Paid Family Leave to employees when they take PFL or take time off from work for a PFL-qualifying life event, but have not requested PFL
• Upon securing PFL insurance, obtain Form PFL-120 from their insurance carrier or licensed agent and display it in a conspicuous location in the workplace

Jury Duty Leave

New York Jury Duty Leave requires that employers allow employees time off from work to serve as a juror. Employers may not penalize an employee in any way for needing time off for jury duty, and may not force the employee to use any form of leave or vacation time. 

Employers with over 10 employees must compensate jurors with a fee of $40 or the employee’s wage (whichever is lower) each of the first three days of service. If the juror’s daily wage is less than the jury fee, then the State makes up the difference.

Employers with 10 employees or fewer are not required to compensate for Jury Duty Leave. Instead, the state compensates these employees for up to $40, or whatever the difference is if the employer chooses to partially compensate the employee.

Military Leave

According to New York law, employers must restore eligible employees returning from leave to their former position, or a position of similar seniority, status, and pay.

To be eligible, an employee must:

• Have held a position with the employer that was not temporary
• Receive a certificate of completion of military service
• Still be qualified to perform the duties of the position
• Apply for reemployment within:
  • 90 days after release from active military service
  • 10 days after release from temporary service to participate in drills and certain other training (such as reserve duty training, instruction or duties, annual  full-time  training  duty, active duty for training, or other annual training)
  • 60 days after release from initial full-time training duty or initial active duty for training with or in the state or U.S. armed forces

Employers must also consider employees who are reinstated as having been on furlough or leave of absence during the period of military service, in terms of maintaining employee benefits.

Lastly, employers with 20 or more employees must allow an employee who works an average of 20 or more hours per week and who is the spouse of a member of the U.S. armed forces to take up to 10 days of unpaid leave from work while the employee’s spouse is on leave from deployment. The deployment must be during:

• A period of military conflict to a combat theater 
• A period of military conflict to a combat zone of operations

Voting Leave

In New York employers must allow for two hours of voting leave for any election for employees who don’t have time outside of work hours to vote. Sufficient time is considered to be four hours. 

Voting leave must be at the beginning or end of the work shift as designated by the employer (unless otherwise agreed upon). In addition, employees must notify their employers of their need for time off to vote at least 2 working days before Election Day. 

Employees with fewer than 4 consecutive nonwork voting hours may take off as much time from work as necessary, however, employers must only compensate them for two of those hours. 

Lastly, employers must post a notice of the state's voting leave requirements at least 10 working days before every election.

Other Forms of Leave in New York

New York also has leave laws for crime and domestic violence victims, as well as leave for blood donors and bone marrow donors.

Family Medical Leave Act (FMLA)

In addition to these other forms of leave, the Family and Medical Leave Act (FMLA) requires companies with 50 or more employees to provide eligible employees with up to 12 weeks of unpaid leave each year. 

New York No Fault Attendance Policies (NEW)

As of February 19th, 2023, employers will not be able to discipline workers by assessing points or deductions from a timebank when an employee has used any legally protected leave under Senate Bill S1958A.

Some businesses may choose to implement a points system in which employees earn a "point" for each absence, and once they reach a certain number disciplinary action may be taken. What the new law prohibits is any leave taken by an employee for legal reasons, such as safe and sick leave, may not count toward such a point system.

New York Workplace Health & Safety Laws

In addition to the federal Occupational Safety and Health Act (OSHA), employers need to also be aware of the New York State Division of Safety and Health Standards. Generally, employers are obligated to:

• Provide their employees with a safe workplace 
• Follow all relevant safety and health standards
• Find and correct safety and health problems in the workplace
• Inform employees about workplace hazards

New York Division of Safety and Health (DOSH)

The DOSH consists of nine components, all of which are referred to as bureaus, programs, and more. They include: 

• Asbestos Control Bureau
• Boiler Safety Bureau
• Crane Exams
• Engineering Services Unit
• Industry Inspection Bureau
• Mine Safety Training Program
• Mold Program
• Regulations for Pyrotechnics Permits
• On-Site Consultation Program

Important for employers to be aware of is the New York State On-Site Consultation Program. This is a free, confidential program in order to help employers stay compliant with health and safety regulations. There are no fines or penalties that are associated with this program.

Reporting and Recordkeeping Requirements

All employers are required to notify the Occupational Safety and Health Administration (OSHA) of all work-related fatalities within 8 hours, and of all work-related in-patient hospitalizations, amputations, or losses of an eye within 24 hours.

Employers with more than 10 employees and whose establishments are not classified as a partially exempt industry generally must also record all work-related injuries and illnesses.

New York Discrimination Laws

In addition to federal discrimination laws, New York employers need to be aware of the New York State Human Rights Law. The state law provides broader protections for employees and covers all.

Protected Classes in New York

Employers may not an adverse employment action against an employee as a result of a characteristic or membership of a protected class. Protected classes in New York include groups based on the following characteristics:

• Age
• Color
• Creed (Religion)
• Disability (including pregnancy and pregnancy-related conditions, which, as of Sept. 13, 2019, specifically include lactation)
• Domestic violence victim status
• Familial status
• Gender expression
• Gender identity
• Marital status
• Military status
• National origin
• Predisposing genetic characteristics
• Race 
• Sex
• Sexual orientation
• Status as a domestic violence victim

Important to note is that state law also prohibits discrimination based on an employee or dependent's reproductive health decisions. Employee handbooks need to include an employee’s right to this protection. 

New York employers also need to be aware of special considerations for Religious discrimination, racial discrimination, arrests and convictions, military members, discrimination due to immigration status, and drug and alcohol testing.

New York Workers’ Compensation Laws

Workers' compensation provides benefits to employees who are injured on the job, or otherwise are unable to work due to a workplace accident or incident. 

Employers can find information regarding New York workers’ compensation on the New York State government website.

New York Recordkeeping and Posting Requirements

Like all businesses in any other state, New York employers have a long list of required labor law posters and postings in order to keep their business compliant.

New York Posting Requirements

In New York, employers generally must display, or in some cases provide in writing, the following posters:

• Criminal Conviction Records Notice
• Discrimination is Prohibited
• Equal Pay Provision
• Minimum Wage Poster
• “No Smoking / Vaping” 
• Notice of Fringe Benefits and Hours
• Nursing Mothers Notice
• Paid Family Leave Poster
• Sexual Harassment Prevention Policy 
• Time Off to Vote Poster
• Unemployment Insurance Poster
• OSHA Job Safety and Health Protection: It's the Law 

Furthermore, employers must also display, or in some cases provide in writing, the following posters only if the respective law or industry applies to their business:

• Workers’ Compensation Notice
• Disability Benefits Poster
• Apparel Industry Minimum Wage Poster
• Breastfeeding Mothers’ Bill of Rights
• Commissary Price List
• Domestic Worker Minimum Wage
• Farm Minimum Wage 
• Hospitality Industry Minimum Wage
• Nail Salons - Workers’ Bill of Rights
• Nurse Coverage Plan Poster
• Construction Industry Fair Play Act
• Prevailing Wage Rate Schedule
• Public Work Project Poster 
• Food & Beverage Deduction from Wages 
• Tip Appropriation Poster
• “You Have a Right to Know” Poster

With a wide variety of labor law posters to keep up with it can be helpful to use a labor law poster subscription service, so that any time there is an update to existing law, or a new law, you’re prepared.

Electronic Posting Requirements (NEW)

As of December 16th, 2022, New York employers must make all labor law postings required by law available in an electronic format to not only remote employees, but all employees. 

Postings can be made available using the employer's website, HR software, or may be distributed via email. Employers must also provide employees with a notice that these documents are available electronically. 

New York Recordkeeping Requirements

In addition to posting requirements, New York also has certain recordkeeping requirements for employers. 

Generally, employers must keep records for:

• Wage, Hour, and Payroll 
• Unemployment Insurance 
• Safety & Health Violations or Incidents
• Workers’ Compensation 
• Child Labor

Final Thoughts on New York Labor Laws

While certainly achievable, keeping your business compliant in the state of New York is a challenge on your own. While guides such as this one and labor law poster services are a great place to start ensuring compliance, there is still more you can do to ensure compliance. 

The most common method of compliance that companies are turning to, is simply seeking help from a New York payroll and HR provider. Whether you are looking for modern Human Capital Management solutions for your business or looking for HR and payroll services in New York, companies such as EBC HCM have the experience you need. 

To learn more about how seeking help from a New York payroll and HR company can help you better manage your business, contact one today.

Guest Author: Lisa Scibetta

Lisa Scibetta is the Manager of HR Services at EBC HR & Payroll Solutions, a leading New York Payroll and HR provider, serving businesses throughout New York State and beyond. Lisa has over 30 years of experience in marketing, operations, human resources, and executive-level leadership. She has worked as an internal HR Business Partner, a business owner, and most recently as an HR Advisor. With a strong focus on HR compliance, employee relations, leadership development, and employee engagement, Lisa's expertise in wearing multiple hats provides her with a broad perspective to assist employers and employees in the HR space. She has earned an MBA, an SHRM-CP certification, and is pursuing her SPHR.