New York is considered an employee-friendly state. It has many laws that differ from federal law. From discrimination laws, including a ban on discriminating against individuals with a prior conviction, to the minimum wage, an employer in this state has several challenging state-specific laws to confront.
This page is a round-up of the state and municipal laws in New York.
Revised policy to refine provisions that, though compliant with state law, may conflict with National Labor Relations Act employee protections for employee discussion and disclosure related to the terms and conditions of employment.
The New York City Council's Freelance Isn't Free Act creates and enhances protections for freelance workers, spotlighting gig economy enforcement issues at the municipal level.
Updated to reflect proposed changes to the minimum salary for exempt executive and administrative employees.
Updated to reflect law requiring gender-neutral single-occupant restrooms, effective October 26, 2016.
Updated to reflect the addition of the Discrimination on the Basis of Gender, Gender Identity or Transgender Status Handbook Statement (New York City). See New York City Gender Identity and Transgender Discrimination.
New York employers that have four or more employees, have employees working in New York City and that seek educate employees, including supervisors, about the New York City law prohibiting discrimination on the basis of gender identity and the practical, workplace-related implications of that law should consider including this model policy statement in their handbook.
A handbook statement addressing discrimination on the basis of gender, gender identity and transgender status has been added to the New York employee handbook to help New York City employers comply with the law.
Updated to include information on Capeggi v. Arche, Inc., which clarified requirements for valid, written employment contracts as opposed to at-will employment.
The New York State Department of Labor has issued final regulations governing the use of paycards and direct deposit to pay employees' wages. Although the law in New York already permits employers to pay employees via these two popular wage payment methods, the final regulations provide many new detailed requirements and restrictions. Employers should act now to be sure their procedures, policies and required forms will be in compliance by the March 7, 2017, effective date.
A roundup of the comprehensive state coverage XpertHR offers to help New York employers ensure they are compliant with state HR and employment laws.