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| Meta Title | New York Employment Laws - FindLaw |
| Meta Description | A review of the employment laws in New York state and New York City, with links to FindLaw's articles on New York laws and statutes. |
| Meta Canonical | null |
| Boilerpipe Text | Learn about your state’s laws by using the links below.
Created by
FindLaw’s team
of legal writers and editors
| Last reviewed
October 03, 2023
The last updated date refers to the last time this article was reviewed by FindLaw or one of our
contributing authors
. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please
contact an attorney in your area
.
Employment laws includeÂ
wage and hour laws
, required time off, and unemployment. You have rights under both New York State laws and federal laws. New York State has its own set of employment laws and requirements that go beyond the federal Fair Labor Standards Act (FLSA).
The laws and even the agencies that oversee the laws vary based on the issue you face:
The New York State Department of Labor (DOL) oversees the employment laws for the entire state.
The Occupational Safety and Health Administration (OSHA) monitors workplace health and safety conditions in the state.
NYC has its own workers’ rights department, theÂ
Office of Labor Policy & Standards
.
The Department of Consumer and Worker Protection (DCWP) sets labor standards for employees in the city of New York and provides resources for workers and businesses with questions about labor laws.
FindLaw has links to the most recentÂ
New York State Labor Laws
. If you need legal advice about any employment issue in New York, you should speak with anÂ
employment attorney
 near you.
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.Â
(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 theÂ
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 contractorsÂ
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 driversÂ
(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 inÂ
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 theÂ
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 doesÂ
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 StateÂ
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, aÂ
New York employment attorney
 near you can address your issues.
Learn About New York Employment Laws
New York Legal Holidays
A listing of legal holidays in New York, such as Martin Luther King, Jr. Day and Columbus Day, on which employees are eligible for special holiday pay.
New York Right to Work Laws
Overview of New York’s lack of so-called “right-to-work” laws, which exist in roughly half of all U.S. states and limit the ability of employers to refuse jobs to non-union workers.
New York Civil Rights Laws
Listing of New York laws protecting the civil rights of its residents, including the code sections, with information about court procedures and links to related information and resources.
New York Whistleblower Laws
Brief synopsis of New York whistleblower law, which protects workers who claim unsafe or illegal conditions at the workplace from retaliation, such as being terminated or passed up for a promotion.
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5. New York Employment Laws
# New York Employment Laws
Learn about your state’s laws by using the links below.
*Created by [FindLaw’s team](https://www.findlaw.com/company/our-team.html) of legal writers and editors*
\| Last reviewed
October 03, 2023
## Legally Reviewed
*This article has been written and reviewed for legal accuracy, clarity, and style by [FindLaw’s team of legal writers and attorneys](https://www.findlaw.com/company/our-team.html) and in accordance with [our editorial standards](https://www.findlaw.com/company/company-history/editorial-policy.html).*
## Fact-Checked
*The last updated date refers to the last time this article was reviewed by FindLaw or one of our [contributing authors](https://www.findlaw.com/company/our-team/contributing-authors.html). We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please [contact an attorney in your area](https://lawyers.findlaw.com/?fli=bylinelink).*
Employment laws include [wage and hour laws](https://www.findlaw.com/state/new-york-law/new-york-wage-and-hour-laws-1.html), required time off, and unemployment. You have rights under both New York State laws and federal laws. New York State has its own set of employment laws and requirements that go beyond the federal Fair Labor Standards Act (FLSA).
The laws and even the agencies that oversee the laws vary based on the issue you face:
- The New York State Department of Labor (DOL) oversees the employment laws for the entire state.
- The Occupational Safety and Health Administration (OSHA) monitors workplace health and safety conditions in the state.
- NYC has its own workers’ rights department, the [Office of Labor Policy & Standards](https://www.nyc.gov/site/dca/workers/workersrights/office-of-labor-policy-and-standards-for-workers.page).
- The Department of Consumer and Worker Protection (DCWP) sets labor standards for employees in the city of New York and provides resources for workers and businesses with questions about labor laws.
FindLaw has links to the most recent [New York State Labor Laws](https://codes.findlaw.com/ny/labor-law/#!tid=ND74BDB043131444D8DAC2E3E7A127EAC). If you need legal advice about any employment issue in New York, you should speak with an [employment attorney](https://lawyers.findlaw.com/employment-law-employee/new-york/?fli=dcta) near you.
## 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](https://www.nyc.gov/site/dca/workers/workersrights/know-your-worker-rights.page) 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](https://www.nyc.gov/site/dca/workers/workersrights/Delivery-Workers.page) with the most popular delivery apps to increase the average hourly wage for drivers.
- **[Building service workers](https://www.nyc.gov/site/dca/workers/workersrights/building-workers.page),** 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](https://www.nyc.gov/site/dca/workers/workersrights/paid-sick-leave-law-for-workers.page). 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](https://www.nysenate.gov/legislation/laws/EXC/296) (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](https://lawyers.findlaw.com/employment-law-employee/new-york/?fli=dcta) near you can address your issues.
## Learn About New York Employment Laws
- ### [New York Legal Holidays](https://www.findlaw.com/state/new-york-law/new-york-legal-holidays-laws.html "New York Legal Holidays")
A listing of legal holidays in New York, such as Martin Luther King, Jr. Day and Columbus Day, on which employees are eligible for special holiday pay.
- ### [New York Right to Work Laws](https://www.findlaw.com/state/new-york-law/new-york-right-to-work-laws.html "New York Right to Work Laws")
Overview of New York’s lack of so-called “right-to-work” laws, which exist in roughly half of all U.S. states and limit the ability of employers to refuse jobs to non-union workers.
- ### [New York Civil Rights Laws](https://www.findlaw.com/state/new-york-law/new-york-civil-rights-laws.html "New York Civil Rights Laws")
Listing of New York laws protecting the civil rights of its residents, including the code sections, with information about court procedures and links to related information and resources.
- ### [New York Whistleblower Laws](https://www.findlaw.com/state/new-york-law/new-york-whistleblower-laws.html "New York Whistleblower Laws")
Brief synopsis of New York whistleblower law, which protects workers who claim unsafe or illegal conditions at the workplace from retaliation, such as being terminated or passed up for a promotion.
## New York Employment Law Articles
- [New York Civil Statute of Limitations Laws](https://www.findlaw.com/state/new-york-law/new-york-civil-statute-of-limitations-laws.html "New York Civil Statute of Limitations Laws")
- [New York Domestic Workers Bill of Rights](https://www.findlaw.com/state/new-york-law/new-york-domestic-workers-bill-of-rights.html "New York Domestic Workers Bill of Rights")
- [New York Legal Holidays Laws](https://www.findlaw.com/state/new-york-law/new-york-legal-holidays-laws.html "New York Legal Holidays Laws")
- [New York Overtime Laws](https://www.findlaw.com/state/new-york-law/new-york-overtime-laws.html "New York Overtime Laws")
- [New York Right to Work Laws](https://www.findlaw.com/state/new-york-law/new-york-right-to-work-laws.html "New York Right to Work Laws")
- [New York Wage and Hour Laws](https://www.findlaw.com/state/new-york-law/new-york-wage-and-hour-laws-1.html "New York Wage and Hour Laws")
- [New York Whistleblower Laws](https://www.findlaw.com/state/new-york-law/new-york-whistleblower-laws.html "New York Whistleblower Laws")
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| Readable Markdown | Learn about your state’s laws by using the links below.
*Created by [FindLaw’s team](https://www.findlaw.com/company/our-team.html) of legal writers and editors*
\| Last reviewed October 03, 2023
##
*The last updated date refers to the last time this article was reviewed by FindLaw or one of our [contributing authors](https://www.findlaw.com/company/our-team/contributing-authors.html). We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please [contact an attorney in your area](https://lawyers.findlaw.com/?fli=bylinelink).*
Employment laws include [wage and hour laws](https://www.findlaw.com/state/new-york-law/new-york-wage-and-hour-laws-1.html), required time off, and unemployment. You have rights under both New York State laws and federal laws. New York State has its own set of employment laws and requirements that go beyond the federal Fair Labor Standards Act (FLSA).
The laws and even the agencies that oversee the laws vary based on the issue you face:
- The New York State Department of Labor (DOL) oversees the employment laws for the entire state.
- The Occupational Safety and Health Administration (OSHA) monitors workplace health and safety conditions in the state.
- NYC has its own workers’ rights department, the [Office of Labor Policy & Standards](https://www.nyc.gov/site/dca/workers/workersrights/office-of-labor-policy-and-standards-for-workers.page).
- The Department of Consumer and Worker Protection (DCWP) sets labor standards for employees in the city of New York and provides resources for workers and businesses with questions about labor laws.
FindLaw has links to the most recent [New York State Labor Laws](https://codes.findlaw.com/ny/labor-law/#!tid=ND74BDB043131444D8DAC2E3E7A127EAC). If you need legal advice about any employment issue in New York, you should speak with an [employment attorney](https://lawyers.findlaw.com/employment-law-employee/new-york/?fli=dcta) near you.
## 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](https://www.nyc.gov/site/dca/workers/workersrights/know-your-worker-rights.page) 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](https://www.nyc.gov/site/dca/workers/workersrights/Delivery-Workers.page) with the most popular delivery apps to increase the average hourly wage for drivers.
- **[Building service workers](https://www.nyc.gov/site/dca/workers/workersrights/building-workers.page),** 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](https://www.nyc.gov/site/dca/workers/workersrights/paid-sick-leave-law-for-workers.page). 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](https://www.nysenate.gov/legislation/laws/EXC/296) (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](https://lawyers.findlaw.com/employment-law-employee/new-york/?fli=dcta) near you can address your issues.
## Learn About New York Employment Laws
- ### [New York Legal Holidays](https://www.findlaw.com/state/new-york-law/new-york-legal-holidays-laws.html "New York Legal Holidays")
A listing of legal holidays in New York, such as Martin Luther King, Jr. Day and Columbus Day, on which employees are eligible for special holiday pay.
- ### [New York Right to Work Laws](https://www.findlaw.com/state/new-york-law/new-york-right-to-work-laws.html "New York Right to Work Laws")
Overview of New York’s lack of so-called “right-to-work” laws, which exist in roughly half of all U.S. states and limit the ability of employers to refuse jobs to non-union workers.
- ### [New York Civil Rights Laws](https://www.findlaw.com/state/new-york-law/new-york-civil-rights-laws.html "New York Civil Rights Laws")
Listing of New York laws protecting the civil rights of its residents, including the code sections, with information about court procedures and links to related information and resources.
- ### [New York Whistleblower Laws](https://www.findlaw.com/state/new-york-law/new-york-whistleblower-laws.html "New York Whistleblower Laws")
Brief synopsis of New York whistleblower law, which protects workers who claim unsafe or illegal conditions at the workplace from retaliation, such as being terminated or passed up for a promotion.
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