New York Employment Laws

Wage and Hour Laws

The New York state minimum wage as of 2023 is $14.20 per hour, except in NYC, Long Island, and Westchester, where it is $15.00 per hour. New York state law pays the state minimum wage or the federal minimum wage, whichever is greater. (Note: minimum wage rates are changing annually, so these figures are accurate as of the date of this article.)

The wide range of occupations in New York City make hours and schedules just as important as wages. The DCWP protects the scheduling and employment rights of:

• Fast food workers. They must receive regular weekly schedules, extra pay for sudden schedule changes, and the right to accept or refuse additional work hours before management hires new staff.
• Tipped workers and service employees. They must receive a minimum $12.50 per hour rate of pay, and a $2.50 tip credit. Employers may combine tip credits and minimum wage for a regular rate of at least the minimum wage.
• Independent contractors have the right to written employment contracts and timely payment for completed work. The contract should state the pay period and rate.
• Retail workers must receive their first schedule at least 72 hours before their initial shift. Workers cannot be scheduled “on-call."
• Food App delivery drivers (such as DoorDash) must receive paychecks at least weekly, have veto rights over their routes and driving distances, and learn their total in earnings and tips each day. In 2023, NYC was in legal negotiations with the most popular delivery apps to increase the average hourly wage for drivers.
• Building service workers, such as maintenance staff, security guards, or janitors, must be retained during any transitional period of a building, such as a sale or lease transfer. Service workers must be kept on staff for 90 days and may only be terminated for cause or if the new owner or lessee determines that fewer employees are needed. If the workers complete the period with no disciplinary action, they must be offered continuing employment.

Paid Safe and Sick Leave Act

NYC also has the Paid Safe and Sick Leave Act. This Act requires employers to provide eligible employees with paid sick leave to care for themselves or family members, and to seek social or legal services if they have been the victim of any domestic violence threat or other health and safety hazard.

This leave law covers all workers, including undocumented workers. It does not cover workers with collective bargaining agreements who have negotiated time off. The Paid Safe and Sick Leave Act is a local law intended to provide additional paid family leave for employees who otherwise would not have it.

Unfair Labor Practices and Hiring Laws

Federal law sets basic standards for hiring and firing practices, personal and family medical leave, and workers' compensation insurance requirements.

The Family and Medical Leave Act (FMLA) guarantees eligible employees the right to 12 workweeks for a medical leave of absence in any 12-month period to recover from a serious health condition, care for a family member, or for childbirth.

New York has its own laws on discriminatory hiring, which resemble Title VII of the Civil Rights Act. The New York State Human Rights Law (Exc. Chapter 18, section 296) prevents employers from discriminating against potential employees based on:

• Age
• Race
• Religion
• National origin
• Citizenship or immigration status
• Sexual orientation, gender identity or expression
• Military status
• Gender
• Disability
• Predisposing genetic characteristics
• Familial status
• Marital status
• Status as a victim of domestic violence

Minors cannot work in occupations otherwise prohibited by state or federal laws, such as serving alcohol.

Employers cannot place employment advertisements that mention conviction records, pregnancy, or drug use. For instance, “job available, no convicted felons" is not permitted. An employer may not ask for any background information until after making a job offer.

Unfair Labor Practices and Right to Work

New York is a very union-oriented state. At the same time, the right of workers to refuse to join labor unions is a highly contested issue.

Some states have passed laws limiting the ability of employers to refuse to hire non-union workers, known as “right to work" laws. New York has not passed such legislation. Instead, New York's unfair labor practices laws prohibit employers from requiring union membership as a condition of employment.

Other worker rights New York labor laws protect include:

• Reasonable meal breaks and rest breaks. State law mandates 30-minute lunch breaks after six hours' work.
• Employers have a legal duty to protect workers from sexual harassment. State laws require all employers with more than one employee conduct an annual sexual harassment training.
• If employers provide benefits such as health insurance to full-time employees, the contract must state who is considered a “full-time" employee. Usually, 38-40 hours per week is considered full-time.
• Employers with more than 10 full-time employees are required to pay employees for jury duty. Employers cannot require a worker who was out on jury duty to return for a later shift to “make up" for missing time.

New York's comprehensive employment laws can be confusing, but they manage to address almost every possible issue, from health care to unemployment insurance. If you have a legal matter involving the state or city of New York, a New York employment attorney near you can address your issues.