| Fair Employment Practices | An employer is prohibited from discriminating against employees, applicants, and unpaid interns under the New York State Human Rights Law (NYSHRL), which applies to all businesses. Age, race, creed, color, national origin, gender, sexual orientation, gender identity, and expression are all protected factors, as are military status, predisposing genetic traits, familial status, marital status, and status as a victim of domestic abuse.
The NYSHRL forbids anyone from taking revenge on anyone who has objected to any illegal behaviors or actions.
A certified medicinal marijuana patient is immediately considered to have a handicap for the NYSHRL under New York's Compassionate Care Act (CCA). Accordingly, under the anti-discrimination provisions of the NYSHRL, registered certified patients are shielded from unfavorable employment actions based on their health conditions and subsequent marijuana use. |
| Pregnancy Accommodation | According to the NYSHRL, an employer must make reasonable accommodations for pregnancy- or childbirth-related medical issues that restrict the use of a normal bodily function or that can be verified by clinical or laboratory diagnostic methods generally acknowledged in the medical community. |
| Equal Pay | The rate at which an employee without status within the same protected class or classes in the same establishment is paid for equal work on a job requiring equal skill, effort, and responsibility and performed under similar working conditions or substantially similar work when viewed as a composite of skill, effort, and responsibility, is prohibited from being paid by an employer. |
| Discussion of Wages | Employees are not prohibited by their employer from asking about, discussing, or revealing their own or another employee's pay. |
| Whistleblower Protections | The New York False Claims Act permits whistleblowers to submit claims on behalf of state and local governments, much like federal legislation does. |
| Criminal Checks | Unless the criminal offense is directly related to the position in question or the conviction proves that the applicant would pose an "unreasonable risk" to other employees or to the general public if hired, an employer with ten or more employees may not refuse to hire an applicant based on a prior conviction. |
| Salary History Inquiry Restrictions | The state of New York restricts salary history inquiries and forbids employers from using a candidate's wage or salary history to decide whether to extend an offer or determine wages or salaries.
Applicants or present workers may voluntarily—and without being asked—disclose or confirm their past earnings or salaries. |
| Minimum Wage | New York has five Minimum Salary Orders that set salary and hour requirements for workers in various businesses, including hospitality, building services, farm labor, nonprofit organizations, and other industries and occupations. In addition, the cost of maintaining the mandatory uniforms must be covered in addition to the minimum pay. |
| Overtime | For each hour an employee works beyond 40 in a given workweek in New York, they must be paid 1.5 times their regular pay rate. |
| Breastfeeding Breaks | For up to three years following the birth of a child, nursing moms must be given adequate unpaid break time (at least 20 minutes once every three hours) to express breast milk. |
| Child Labor | According to child labor laws, numerous dangerous occupations, including handling explosives, maintaining machinery, construction work, and logging, are off-limits to minors under 18. Minors under the age of 16 are subject to further limitations. The same adult employees' meal breaks apply to minors. Minors need an employment certificate to work. |
| Wage Deductions | An employer can deduct money from an employee's pay that is expressly mandated by the law, a court, or a government agency or for the employee's benefit and has been approved in writing by the worker. |
| Wage Notices | The Wage Theft Prevention Act (WTPA) of New York mandates that an employer give new hires written notice of specific pay-related facts (such as pay rate, pay basis/frequency, and regular payday) no later than ten days from the hire date. The notification shall be given in the employee's first language in addition to English. |
| Health Care Continuation | In some situations, group health insurance policies sold to firms with two to 19 employees must continue to offer benefits. New York legislation is generally similar to the federal COBRA (Consolidated Omnibus Budget Reconciliation Act). The requirement that group health insurance provided to companies of any size give continuation coverage for up to 36 months is more lenient under state law than federal law. |
| Temporary Disability Insurance | The temporary disability benefits (TDB) statute in New York covers qualifying employees who cannot work due to non-job-related illnesses, injuries, or pregnancy-related disabilities for up to 26 weeks in 52 weeks. |
| Paid Family Leave | During any 52-week calendar period, employees are entitled to 10 weeks of paid family leave (PFL) at a rate of 60% of their average weekly income. |
| Paid Sick Leave | Employers who are covered must give qualified workers access to safe and sick time. The size and net income of the employer determine how much leave is offered and whether it is paid or unpaid. |
| Other Time Off Requirements | A New York employer must adhere to additional leave and time off laws, such as those governing military spouse leave, voting leave, military leave, jury duty leave, crime victim/witness leave, domestic violence leave, bone marrow donor leave, blood donor leave, emergency responder leave, and day of rest requirements, in addition to paid family leave and paid sick leave. |
| Smoke-Free Workplace | The New York State Clean Indoor Air Act forbids smoking in enclosed spaces, including places of employment. Employers must display the necessary signage. |
| Safe Driving Practices | All texting while driving is prohibited in New York, as is using any hand-held cell phone. |
| Final Pay | The final pay date for terminated employees shall not be later than the usual payday following the pay period in which the termination took place. The company must mail the final paycheck if the worker demands it.
An employer must adhere to a precise set of probate regulations to correctly transfer wages due to a deceased employee's estate or survivors when the employee dies. |
