This state employment law section provides a range of state employment laws and posters. For your convenience, the poster section features both downloadable state and federal posters. Employment laws will typically vary from state to state. For further information or for individual issues your company may be experiencing, it is always prudent to contact your state labor department or an employment law attorney knowledgeable in your state employment laws. Please view the left-hand navigation for the various state laws covered in this section.
The New York State Department of Labor has issued rules concerning the state’s Wage Deductions Law. Highlights of the rules include clarifications and examples of permissible and prohibited deductions under the law; and procedures (including required notice/authorization) for lawfully deducting overpayments due to an employer’s mathematical or clerical error and repayment of advances of wages.
The rules are effective as of October 9, 2013. Click here to read the text of the rules.
Effective January 30, 2014, employers in New York City employing 4 or more employees are generally required to provide a reasonable accommodation to the needs of an employee for her pregnancy, childbirth, or related medical condition that will allow the employee to perform the essential requisites of the job.
Reasonable AccommodationA reasonable accommodation may include, among other things, bathroom breaks, leave for a period of disability arising from childbirth, breaks to facilitate increased water intake, periodic rest for those who stand for long periods of time, and assistance with manual labor.
(Note that under state law, it is an unlawful discriminatory practice for an employer to compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner.)
Notice Requirements An employer must provide written notice in a form and manner to be determined by the City Commission on Human Rights of the right to be free from discrimination in relation to pregnancy, childbirth, and related medical conditions to:
Such notice may also be conspicuously posted at an employer's place of business in an area accessible to employees.
Governor Cuomo and state legislative leaders have announced that the minimum wage in New York will rise to $8.00 per hour, effective December 31, 2013, as part of a budget plan containing several provisions affecting employers. The enacted budget includes additional increases in New York's state minimum wage over the next several years, as follows:
Other highlights of the state's budget plan include a number of tax credits for employers:
Additional information is available on the minimum wage increase and the tax credits in the budget law.
Governor Cuomo signed into law A10785-2011, which amends the state’s Wage Deductions Law. Key provisions of the amendments include the following:
Employee authorizations to permitted deductions must be kept on file on the employer's premises for the period during which the employee is employed by the employer and for 6 years after employment ends.
The amendments are effective November 6, 2012. You may read the amendments in their entirety by clicking here.
Governor Cuomo has issued an Executive Order to establish a statewide Health Exchange to allow New Yorkers to obtain health coverage and facilitate the purchase and sale of qualified health plans in the state. Additionally, the Exchange will ensure that eligible small businesses and individuals receive premium tax credits and cost-sharing reductions. As required by the Affordable Care Act, the Exchange is expected to be operational by January 1, 2014. Please click here for more information.
Governor Cuomo has signed into law the Marriage Equality Act, granting same-sex couples in New York who seek to marry equal status under the law as well as the same rights, benefits and protections available to married couples of the opposite sex.
The Marriage Equality Act amends New York's Domestic Relations Law to state:
The Marriage Equality Act becomes effective July 24, 2011.
For more information, you may read the bill in its entirety by clicking here. The bill memo is available here. You may also view the press release. Tax-related information is also available from the NY Department of Taxation and Finance.
New York Governor David A. Paterson has signed into law the Wage Theft Prevention Act, which addresses the failure by some employers to pay statutorily-mandated minimum wages and overtime by requiring annual notifications of wages, expanding notifications, enhancing available remedies for wage law violations and strengthening whistleblower protections. The bill would enact a wide-ranging series of measures to provide information to workers on the wages they are owed, and to heighten sanctions on those who fail to pay their workers the compensation to which they are entitled.
The Wage Theft Prevention Act:
The Act takes effect on April 9, 2011.
To view the New York State Department of Labor's press release, please click here.
The State of New York has enacted the Domestic Workers' Bill of Rights, that changes a variety of employment laws related to domestic workers. Among other changes, the bill provides domestic workers:
The new law is effective November 29, 2010. For more information, please click here.
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