🕷️ Crawler Inspector

URL Lookup

Direct Parameter Lookup

Raw Queries and Responses

1. Shard Calculation

Query:

Response:

Calculated Shard: 44 (from laksa086)

2. Crawled Status Check

Query:

curl -X POST \
  'http://laksa044.int.ahrefs:8124/' \
  -H 'Content-Type: text/plain' \
  -H 'X-ClickHouse-Database: crawler3' \
  -H 'Authorization: Basic YXBpOg==' \
  -d 'SELECT getAhrefsURLFromUnparsed(src_unparsed) AS found_url, ifNull(toUnixTimestamp(download_stamp), 0) AS crawl_time, ifNull(toUnixTimestamp(props_url_first_seen), 0) AS first_indexed_time, download_http_code AS http_code, src_unparsed AS src_unparsed, src_root_hash AS src_root_hash, history_drop_reason AS history_drop_reason, meta_title AS meta_title, meta_descriptions AS meta_descriptions, attrs_boilerpipe_text AS attrs_boilerpipe_text, attrs_markdown AS attrs_markdown, attrs_readable_markdown AS attrs_readable_markdown, meta_canonical AS meta_canonical FROM crawler3.page_info_local FINAL PREWHERE (src_root_hash, src_unparsed) IN ((getAhrefsRootHashFromUnparsed(getAhrefsUnparsedNoserviceFromURL(\'https://www.nycbar.org/get-legal-help/article/employment-and-labor/\')), getAhrefsUnparsedNoserviceFromURL(\'https://www.nycbar.org/get-legal-help/article/employment-and-labor/\'))) FORMAT JSONEachRow'

Response:

{"found_url":"https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/","crawl_time":1775728588,"first_indexed_time":1530289876,"http_code":200,"src_unparsed":"org,nycbar!www,\/get-legal-help\/article\/employment-and-labor\/ s443","src_root_hash":"15216492944585611244","history_drop_reason":null,"meta_title":"New York City Labor and Employment Attorneys | NYC Bar","meta_descriptions":["Looking for a labor and employment attorney? Learn about employee rights, contracts, and wages from a screened and approved Legal Referral Service attorney."],"attrs_boilerpipe_text":"New York State and New York City labor laws protect workers and establish fair treatment in the workplace. These laws cover many aspects of employment, including:\nPay\n:\nEmployees\nare entitled to lawful pay for their work, including minimum wage and overtime, and are entitled to be classified properly. Employers must pay employees at least weekly, twice a month, or monthly, depending on how they are classified, and may only deduct from employee wages in certain instances.\nBenefits\n: New York laws also cover certain employee benefits, such as health care continuation coverage and mandated\ndisability\nbenefits.\nTime off\n: Employees are entitled to safe and sick leave as well as paid family leave and paid leave for prenatal appointments during pregnancy.\nSafety\n: Employees are entitled to a safe work environment, and employers are responsible for providing infectious disease exposure prevention plans. Employees may have the right to create a workplace safety committee, and warehouse workers in certain distribution centers are entitled to protection.\nDiscrimination\n: New York law prohibits discrimination against employees based on a variety of protected classes, including race, color, national origin, age, sex, sexual orientation, disability, and more. Retaliation is prohibited against employees for exercising their protected rights.\nWhat Does Labor and Employment Law Entail?\nEmployment law deals with the rights you have at your job. Employment law covers hiring, firing, \nemployment contracts\n, working terms and conditions, wages and overtime—including your rights if you work part-time, full-time, as an \nindependent contractor\n, tipped employee, or if you are working for commissions. Employment law also covers all forms of illegal discrimination, sexual harassment, and issues relating to your safety at work.\nWhat Our NYC Labor and Employment Law Attorneys Can Help You With\nOur New York labor and employment law attorneys specialize in addressing a wide range of legal matters related to the workplace. They can assist with issues such as wrongful termination, discrimination, harassment, wage and hour disputes, and violations of labor laws. These attorneys provide guidance, advocacy, and representation to both employees and employers, helping them to navigate complex legal regulations and ensure compliance with applicable laws and workplace regulations.\nEmployment Discrimination\nEmployment discrimination law in New York focuses on protecting individuals from unfair treatment and discriminatory practices in the workplace based on protected characteristics such as race, gender, age, disability, religion, national origin, sexual orientation, and more. This area of law encompasses a wide range of actions, including hiring, firing, promotions, pay, benefits, and job assignments.\nNew York state and federal laws, including the New York State Human Rights Law and Title VII of the\nCivil Rights Act of 1964\n, provide protection against discrimination and harassment in employment. Attorneys specializing in employment discrimination law in New York work to ensure that employees’ rights are upheld and provide legal representation to individuals who have experienced discrimination, harassment, or retaliation in the workplace. They help clients navigate the complex legal process, file complaints with the appropriate agencies, and pursue legal action to seek remedies such as compensation, reinstatement, and\ninjunctive relief\nto stop discriminatory practices.\nEmployment discrimination law in New York State and New York City can cover the following areas:\nAge Discrimination\nArrest and Conviction Record (including those under seal)\nDisability Discrimination\nDomestic Violence Victimization\nEthnic\/National Origin Discrimination\nGender Discrimination\nGender Identity and Expression\nImmigration Status\nMarital and Familial Status\nMilitary Status\nPregnancy Discrimination\nRace Discrimination\nReligious Discrimination\nReproductive Health\nSexual Orientation Discrimination\nEmployment Classification\nDetermining your employment status is crucial as different legal protections apply to various categories of workers. One key distinction is between employees and independent contractors. Independent contractors have fewer legal rights and responsibilities compared to employees, as they are self-employed and negotiate their terms of work directly with the employer. They are responsible for their own taxes and do not receive benefits like paid leave or workers’ compensation. Factors such as control over work style, scheduling, use of subcontractors, negotiation of job duties and obligations, and ownership of tools can help determine if someone is an independent contractor rather than an employee.\nAnother important distinction lies between at-will employees and contractual employees. At-will employees can be terminated at any time for any reason, but not for an unlawful or discriminatory reason, while contractual employees work under negotiated agreements that specify terms of employment such as salary, duration, and reasons for termination.\nUnder state law, if an independent contractor is providing services worth $800 or more, they must have a written agreement in place that outlines the scope of work, payment terms, and deadlines.\nAdditionally, union members are governed by union agreements that dictate terms of employment, including wages, benefits, and disciplinary procedures, while\ncivil service employees\nworking for the government have rights outlined by the\nNew York Civil Service Law\n, including provisions for promotion, transfer, and termination.\nFinally,\nemployment classification\nor status, if exercised properly, will determine whether you have legal rights to overtime after 40 hours of work in a workweek.\nEmployment Contracts\nIf you are an executive, professional, or employee with special skills, you likely have an\nemployment contract\n. Typically, an employment contract is a written agreement which outlines the rights and responsibilities that you and your employer have under the agreement, including the details of your salary and compensation package, benefits, employment duration, and conditions for termination. It is a formal document signed by both parties, ensuring that various aspects of your employment are clear.\nWhile many employees desire an employment contract, there are drawbacks to consider. These contracts can bind you to a company for a specified time period and\/or salary and compensation package, making it challenging to leave for a new job or negotiate higher pay. Termination clauses may favor the employer, allowing them to dismiss you at their discretion or for any contract violation.\nAdditionally, post-employment restrictions like non-compete or\nnon-solicitation\nclauses can limit your career options. Dispute resolution terms often require arbitration in the employer’s state, complicating legal actions against the employer, especially if the employee seeks to have their employment dispute decided by a jury.\nEmployer Issues\nIf you own a business in New York and have employees, it’s crucial to understand various federal, state, and municipal laws. These laws govern how you pay wages, prevent discrimination and harassment, maintain a safe workplace, and manage your workforce. If you have specific agreements with employees or are part of a union contract or\ncollective bargaining agreement\n, you may have additional obligations outlined in those agreements.\nThere are several broad categories of employment-related laws to consider: contract law, anti-discrimination laws, wage and hour laws under the\nFair Labor Standards Act (FLSA)\nand New York Labor Law (NYLL), the\nFamily and Medical Leave Act (FMLA)\n, sick and safe leave laws under the New York State and City safe and sick leave laws, the New York State Paid Family Leave Act, and the Occupational Safety and Health Act (OSHA).\nContract law governs the rights and responsibilities in any agreements between you and your employees. In New York, unless an employment contract specifies otherwise, employees are considered “at-will,” meaning either party can end the employment relationship at any time, for any reason, as long as it isn’t for an illegal reason (e.g., discrimination).\nAnti-discrimination laws at federal, state, and city levels prohibit workplace discrimination based on race, ethnicity, national origin, religion, gender, disability, pregnancy, and age, with New York State and City also barring discrimination based on sexual orientation and gender identity.\nThe FLSA and NYLL set standards for wages, overtime pay, and recordkeeping, with specific rules for proper classification of exempt and\nnon-exempt employees\n.\nThe FMLA applies to businesses with 50 or more employees, allowing eligible employees to take up to 12 weeks of unpaid leave for serious health conditions or family needs while maintaining health coverage and job security, whereas the New York State Paid Family Leave law provides pay for employees needing such leave. The New York State and City safe and sick leave laws permit accrual of up to 56 hours of safe and sick leave, with the amount of paid leave dependent on the employer’s number of employees and its income. Private sector employers in New York must also provide eligible employees up to 20 hours of paid leave during a 52-week period for the purpose of attending prenatal appointments or medical appointments related to an employee’s pregnancy.\nFinally, OSHA mandates that employers provide a workplace free from recognized hazards, ensuring the safety and health of all employees. New York recognizes the right of employees to form safety committees, affords airborne disease protection with prevention plans, and protects warehouse workers in certain distribution centers. Certain retail employers must publish a workplace violence prevention policy.\nNew York employers must be mindful of all state and city record-keeping and posting requirements, to keep their businesses compliant. All postings in New York must be available in electronic format to all employees, remote or otherwise.\nNew York employers across the state must be aware that it is unlawful to inquire about an applicant’s salary history. Once an employee is hired, New York employers must have the employee sign a Notice of Pay Rate under the Wage Theft and Prevention Act. At termination, New York employers must provide a written notice of termination to the affected employee.\nHarassment and Hostile Work Environment\nHarassment and hostile work environments\nare significant legal issues. Harassment involves unwelcome and\/or egregious behavior based on race, gender, religion, or other protected characteristics that create an intimidating, hostile, or offensive work environment. This includes sexual harassment, which can involve unwanted advances, requests for favors, and other verbal or physical conduct.\nTo be considered a hostile work environment, the behavior must be pervasive or severe enough to affect the victim’s employment conditions. Employers are legally obligated to prevent and address harassment. Victims can report incidents to their employer, file a complaint with the Equal Employment Opportunity Commission (EEOC), the New York State or City Human Rights Commissions, or take legal action.\nNew York City provides additional protections under the New York City Human Rights Law, which applies to all employers, regardless of size. This law covers a broader range of discriminatory behaviors and requires employers to take proactive steps to prevent harassment, including the training of their employees.\nEmployees experiencing harassment should document incidents and seek support from human resources or legal professionals.\nLabor Law Related to Commission Pay\nUnder the Fair Labor Standards Act (FLSA), hourly employees must receive at least the minimum wage as well as overtime pay for any hours worked over 40 per week, unless they are exempt. Employees of retail or service establishments who receive\ncommissions\ncan be considered exempt if they earn more than 1.5 times the minimum wage and more than half their pay in a representative period (of no less than one month) is made up of commissions they received from selling goods or services.\nCertain brokers and outside salespeople are exempt from minimum wage and\novertime rules\n.\nNew York Labor Law mandates written agreements for commissioned salespeople, including\nindependent contractors\n. In New York, commissions are considered earned at the time specified in the written agreement and earned commissions are protected by NYLL wage laws. Employers can only deduct from wages (earned commissions) if legally permitted. Keeping records of earned commissions is crucial, especially before leaving a job. If not specified otherwise, draws against commissions are not repayable after employment ends.\nLabor Unions\nLabor unions\nare primarily governed by federal laws like the National Labor Relations Act (NLRA), the Railway Labor Act (RLA), and the Labor Management Relations Act (LMRA). These laws enable unions to represent employees collectively, as in collective bargaining (labor negotiations) and grievance processes. The NLRA, administered by the National Labor Relations Board (NLRB), requires fair and good faith negotiations between employers and unions and prohibits employer discrimination, interference with union activities, refusal to bargain, and retaliation against employees.\nCertain employees, such as executives, managers, and those in specific industries like transportation, are excluded from NLRA protections. The RLA covers transportation employees.\nUnions, regulated by the LMRA (or Taft-Hartley Act), must avoid unfair practices, such as punishing members for exercising their rights, influencing employer discrimination based on union membership, refusing to bargain, and charging excessive fees.\nComplaints against unions or employers for NLRA violations can be filed with the NLRB or in federal court. For union misrepresentation cases, the filing period is typically six months after the internal grievance procedure is exhausted, making prompt legal consultation crucial.\nMinimum Wage and Overtime Law\nThe Fair Labor Standards Act (FLSA) establishes a\nminimum wage\nto protect workers from unfairly low pay. However, certain workers, like farm workers, seasonal workers, casual babysitters, and student workers in specific situations, may be exempt from receiving the federal minimum wage. Contractors and subcontractors providing services to the federal government are entitled to a higher (sometimes called a “prevailing”) minimum wage.\nNew York State (NYS) and New York City (NYC) have higher minimum wages than federal law. NYC has the highest minimum wage, followed by Westchester, Suffolk, and Nassau Counties, with the remainder of NYS having a slightly lower minimum wage. For tipped workers in the hospitality industry, the combination of their cash wage and tips must at least equal the respective minimum wage in their region.\nIn the fast-food industry, there is no tip credit, and the minimum wage is uniform for all workers. Service employees at resort hotels and all-year restaurants have specific minimum wages that include a combination of cash wage and tip credit, provided they meet certain tip thresholds.\nEmployees in NY are also entitled to meal breaks, with specific durations and times based on their industry and work shift. Employers must pay for all hours worked, including “off-the-clock” work, meal or rest breaks an employee worked through, training that an employee is required to complete, certain travel time, and waiting time spent on the employer’s premises. Violations of wage and hour laws include not paying the minimum wage, not properly classifying employees, not paying overtime to those who qualify, or not compensating for every hour worked.\nRetaliation\nRetaliation\noccurs when an employer punishes an employee for exercising legal rights or engaging in lawful activities. Federal, New York State, and New York City laws prohibit retaliation against employees for:\nReporting or filing discrimination or sexual harassment claims\nParticipating in an investigation or lawsuit related to such claims, even if the employer is found not at fault\nReporting illegal activities by the employer\nRetaliation can manifest in various employment aspects, such as hiring, firing, layoffs, pay, benefits, job assignments, promotions, training, or any other term or condition of employment. While sometimes obvious, retaliation can also be subtle and may not be immediately noticeable.\nExamples of retaliation include:\nBeing fired soon after reporting unpaid overtime violations\nGradually receiving fewer hours, reduced duties, and no promotions after cooperating in a wage investigation\nReceiving demotions for reporting sexual harassment by a co-worker\nBeing the only employee denied a raise after taking legally protected leave to care for a sick relative\nBeing transferred to an undesirable shift without explanation after testifying in a discrimination lawsuit\nUnemployment Insurance Benefits\nUnemployment insurance in New York is administered by the New York State Department of Labor (NYSDOL) and funded by employer taxes. To qualify, you must be out of work for a non-disqualifying reason, with eligibility based on past earnings and the reasons for unemployment.\nThe NYSDOL calculates benefits using your “basic base period” or “alternate base period,” which are based on earnings during specific calendar quarters. Eligibility also requires looking for work and being ready to accept a job if offered. Misconduct, quitting without good cause, or refusing a job can disqualify you.\nBenefits are determined and communicated via a Monetary Determination from the NYSDOL. If granted, you must request payment weekly and meet ongoing requirements, including job search documentation. Benefits can last up to 26 weeks, with specific maximum and minimum weekly rates.\nIf denied benefits or if the amount is incorrect, you can file a Request for Reconsideration. If further disputed, you can appeal through a hearing before an administrative law judge and, if necessary, take the case to the Unemployment Insurance Appeal Board and the New York State Supreme Court.\nWhistleblowers\nA\nwhistleblower\nis someone, often an employee, who reports unlawful or dangerous activities such as fraud, improper billing, unsafe work conditions, or civil rights violations. Numerous federal and state laws, including the False Claims Act, Sarbanes-Oxley Act, and Whistleblower Protection Act of 1989, protect whistleblowers. New York State also has specific whistleblower laws and protections, including for healthcare workers reporting substandard patient care.\nWhistleblower cases often involve false claims for government healthcare program reimbursements. If you observe illegal conduct, you should contact a whistleblower attorney before you quit or before you are terminated, if possible. You may be eligible for a whistleblower award. Employers are prohibited from retaliating against lawful whistleblowing, which includes investigating or preventing fraud, reporting misconduct, filing complaints, or assisting government authorities.\nRetaliation can be overt, like being fired or demoted, or subtle, such as reduced hours and responsibilities. Examples include being fired after reporting environmental violations or facing criticism and threats after reporting accounting irregularities to the SEC.\nWhistleblowers who prove retaliation in court may be reinstated, receive back pay, and recover other damages. They may also file lawsuits on behalf of themselves and the government in cases of fraud, potentially sharing in any recovery.\nWorkers’ Compensation and Disability Law\nThe\nNew York State Workers’ Compensation Board\nadministers the state’s workers’ compensation law and the state’s disability law (as well as the state’s paid family leave law). Employees who are injured while working may qualify for lost wages and payments for medical care under the workers’ compensation law. Injured employees have certain minimal notice requirements to meet before stating a claim. The state’s disability law applies to those who become disabled as a result of a non-work-related injury.\nBook a Consultation With a New York City Labor and Employment Attorney\nEmployment law encompasses your rights at work, including hiring, firing, employment contracts, working conditions, wages, and overtime. It also addresses rights for part-time, full-time, independent contractors, tipped employees, and commission-based workers. Additionally, employment law covers illegal discrimination, sexual harassment, and workplace safety.\nNYC Legal Referral Service Labor and Employment Law Attorneys can assist with a variety of workplace legal issues. They specialize in wrongful termination, discrimination, harassment, wage and hour disputes, and other labor law violations. These attorneys offer guidance, advocacy, and representation to both employees and employers, helping them navigate complex legal regulations to ensure fair treatment and compliance with applicable workplace laws. If you feel your rights have been violated, or you are an employer facing legal compliance issues,\nreach out\nto the Legal Referral Service today to get connected to an experienced labor and employment attorney.\nLegal Editor: Joseph F. Tremiti, April 2025\nChanges may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer.\nRequest A Lawyer\nBack to Top","attrs_markdown":"![](https:\/\/www.facebook.com\/tr?id=320505538439958&ev=PageView&noscript=1)\n\n![](https:\/\/dc.ads.linkedin.com\/collect\/?pid=116116&fmt=gif)\n\n[Skip to content](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/#content-main)\n\n[![New York City Bar - Legal Referral Service Logo](https:\/\/www.nycbar.org\/get-legal-help\/wp-content\/themes\/lrs\/dist\/images\/LRS-logo.svg)](https:\/\/www.nycbar.org\/get-legal-help)\n\n[![New York City Bar Association](https:\/\/www.nycbar.org\/get-legal-help\/wp-content\/themes\/lrs\/dist\/images\/nycba-logo.png)](https:\/\/www.nycbar.org\/)\n\n- [English](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/)\n- [Español](https:\/\/www.nycbar.org\/get-legal-help\/es\/article\/empleo-y-trabajo\/)\n\n[Request A Lawyer](https:\/\/www.nycbar.org\/get-legal-help\/our-services\/request-a-lawyer\/)\n\nSearch\n\nMenu\n\n- [Request a Lawyer](https:\/\/www.nycbar.org\/get-legal-help\/our-services\/request-a-lawyer\/ \"Request a Lawyer\")\n- [About Us](https:\/\/www.nycbar.org\/get-legal-help\/about-us\/ \"About Us\")\n  - 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[Business & Corporate Lawhttps:\/\/www.nycbar.org\/get-legal-help\/business-and-corporate-law\/](https:\/\/www.nycbar.org\/get-legal-help\/business-and-corporate-law\/)\n  - [Consumer Lawhttps:\/\/www.nycbar.org\/get-legal-help\/consumer-law\/](https:\/\/www.nycbar.org\/get-legal-help\/consumer-law\/)\n  - [Criminal Lawhttps:\/\/www.nycbar.org\/get-legal-help\/criminal-law\/](https:\/\/www.nycbar.org\/get-legal-help\/criminal-law\/)\n  - [Debts & Debt Collectionhttps:\/\/www.nycbar.org\/get-legal-help\/debts-debt-collection\/](https:\/\/www.nycbar.org\/get-legal-help\/debts-debt-collection\/)\n  - [Employment & Labor Lawhttps:\/\/www.nycbar.org\/get-legal-help\/employment-and-labor\/](https:\/\/www.nycbar.org\/get-legal-help\/employment-and-labor\/)\n  - [Family Lawhttps:\/\/www.nycbar.org\/get-legal-help\/family-law\/](https:\/\/www.nycbar.org\/get-legal-help\/family-law\/)\n  - [Immigration Lawhttps:\/\/www.nycbar.org\/get-legal-help\/immigration-law\/](https:\/\/www.nycbar.org\/get-legal-help\/immigration-law\/)\n  - [Information About Lawyershttps:\/\/www.nycbar.org\/get-legal-help\/information-about-lawyers\/](https:\/\/www.nycbar.org\/get-legal-help\/information-about-lawyers\/)\n  - [Insurance Lawhttps:\/\/www.nycbar.org\/get-legal-help\/insurance-law\/](https:\/\/www.nycbar.org\/get-legal-help\/insurance-law\/)\n  - [Intellectual Propertyhttps:\/\/www.nycbar.org\/get-legal-help\/intellectual-property\/](https:\/\/www.nycbar.org\/get-legal-help\/intellectual-property\/)\n  - [Landlord–Tenanthttps:\/\/www.nycbar.org\/get-legal-help\/landlord-tenant\/](https:\/\/www.nycbar.org\/get-legal-help\/landlord-tenant\/)\n  - [Malpracticehttps:\/\/www.nycbar.org\/get-legal-help\/malpractice\/](https:\/\/www.nycbar.org\/get-legal-help\/malpractice\/)\n  - [Personal Injury & Accidentshttps:\/\/www.nycbar.org\/get-legal-help\/personal-injury-and-accidents\/](https:\/\/www.nycbar.org\/get-legal-help\/personal-injury-and-accidents\/)\n  - [Public Benefitshttps:\/\/www.nycbar.org\/get-legal-help\/public-benefits\/](https:\/\/www.nycbar.org\/get-legal-help\/public-benefits\/)\n  - [Real Property Lawhttps:\/\/www.nycbar.org\/get-legal-help\/real-property-law\/](https:\/\/www.nycbar.org\/get-legal-help\/real-property-law\/)\n  - [Wills, Trusts & Estateshttps:\/\/www.nycbar.org\/get-legal-help\/wills-trusts-and-elder-law\/](https:\/\/www.nycbar.org\/get-legal-help\/wills-trusts-and-elder-law\/)\n  - [Workers' Compensationhttps:\/\/www.nycbar.org\/get-legal-help\/workers-comp\/](https:\/\/www.nycbar.org\/get-legal-help\/workers-comp\/)\n- [Community Outreach](https:\/\/www.nycbar.org\/get-legal-help\/community-outreach\/ \"Community Outreach\")\n  - [Community Outreach](https:\/\/www.nycbar.org\/get-legal-help\/community-outreach\/ \"Community Outreach\")\n  - [Public Lectures](https:\/\/www.nycbar.org\/get-legal-help\/community-outreach\/public-lectures\/ \"Public Lectures\")\n  - [Law Day](https:\/\/www.nycbar.org\/get-legal-help\/community-outreach\/law-day\/ \"Law Day\")\n  - [Request a Speaker](https:\/\/www.nycbar.org\/get-legal-help\/community-outreach\/request-a-speaker\/ \"Request a Speaker\")\n- [Testimonials](https:\/\/www.nycbar.org\/get-legal-help\/testimonials\/ \"Testimonials\")\n\nSearch\n\n![New York City Bar - Legal Referral Service Logo](https:\/\/www.nycbar.org\/get-legal-help\/wp-content\/themes\/lrs\/dist\/images\/LRS-logo.svg)\n\n## Contact Us\n- English: [212-626-7373](tel:2126267373)\n- Español: [212-626-7374](tel:2126267374)\n\n[lrs@nycbar.org](mailto:lrs@nycbar.org)\n\n[New York City Bar Legal Referral Service  42 West 44th Street, New York, NY 10036](http:\/\/maps.google.com\/maps?q=New%20York%20City%20Bar%20Legal%20Referral%20Service%20%2042%20West%2044th%20Street%20New%20York%20NY%2010036)  \nMonday - Thursday 8:30AM to 5:30PM   \n (Closed from 1:00PM to 2:00PM)   \n Friday 8:30AM to 1:00PM   \n Closed on all national holidays\n\n## Legal Topics\n- \\+ [Employment & Labor Law https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/)\n  - [Age Discrimination https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/age-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/age-discrimination\/)\n  - [Commissions https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/commissions\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/commissions\/)\n  - [Disability Discrimination https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/disability-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/disability-discrimination\/)\n  - [Employment Classification https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-classification\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-classification\/)\n  - \\+ [Employment Contracts https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-contracts\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-contracts\/)\n    - [Restrictive Covenants https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-contracts\/restrictive-covenants\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-contracts\/restrictive-covenants\/)\n    - [Severance & Separation Agreements https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-contracts\/severance-separation-agreements\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-contracts\/severance-separation-agreements\/)\n  - [Employer Issues https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employer-issues\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employer-issues\/)\n  - [Ethnic\/National Origin Discrimination https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/ethnicnational-origin-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/ethnicnational-origin-discrimination\/)\n  - [Exempt & Non-Exempt Employees https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/exempt-non-exempt-employees\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/exempt-non-exempt-employees\/)\n  - [Fair Chance Act https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/the-fair-chance-act\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/the-fair-chance-act\/)\n  - [Fair Labor Standards Act (FLSA) https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/fair-labor-standards-act-flsa\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/fair-labor-standards-act-flsa\/)\n  - [Family & Medical Leave Act (FMLA) https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/family-medical-leave-act-fmla\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/family-medical-leave-act-fmla\/)\n  - \\+ [Gender Discrimination https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/gender-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/gender-discrimination\/)\n    - [Sexual Harassment https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/gender-discrimination\/sexual-harassment\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/gender-discrimination\/sexual-harassment\/)\n  - [Harassment\/Hostile Work Environment https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/harassmenthostile-work-environment\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/harassmenthostile-work-environment\/)\n  - [Independent Contractors https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/independent-contractors\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/independent-contractors\/)\n  - [Labor Unions https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/labor-unions\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/labor-unions\/)\n  - [Minimum Wage https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/minimum-wage\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/minimum-wage\/)\n  - [New York City’s Earned Sick Leave Law https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/new-york-citys-earned-sick-leave-law\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/new-york-citys-earned-sick-leave-law\/)\n  - [Overtime https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/overtime\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/overtime\/)\n  - [Pregnancy Discrimination https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/pregnancy-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/pregnancy-discrimination\/)\n  - [Race Discrimination https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/race-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/race-discrimination\/)\n  - [Retaliation https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/retaliation\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/retaliation\/)\n  - [Securities Industry https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/securities-industry\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/securities-industry\/)\n  - [Sexual Orientation Discrimination https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/sexual-orientation-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/sexual-orientation-discrimination\/)\n  - [Religious Discrimination https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/religious-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/religious-discrimination\/)\n  - \\+ [Whistleblowers https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/whistleblowers\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/whistleblowers\/)\n    - [Qui Tam https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/whistleblowers\/qui-tam\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/whistleblowers\/qui-tam\/)\n- [Bankruptcy https:\/\/www.nycbar.org\/get-legal-help\/article\/bankruptcy\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/bankruptcy\/)\n- [Business & Corporate Law https:\/\/www.nycbar.org\/get-legal-help\/article\/business-and-corporate-law\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/business-and-corporate-law\/)\n- [Consumer Law https:\/\/www.nycbar.org\/get-legal-help\/article\/consumer-law\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/consumer-law\/)\n- [Criminal Law https:\/\/www.nycbar.org\/get-legal-help\/article\/criminal-law\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/criminal-law\/)\n- [Debts & Debt Collection https:\/\/www.nycbar.org\/get-legal-help\/article\/debts-debt-collection\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/debts-debt-collection\/)\n- [Family Law https:\/\/www.nycbar.org\/get-legal-help\/article\/family-law\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/family-law\/)\n- [Immigration Law https:\/\/www.nycbar.org\/get-legal-help\/article\/immigration-law\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/immigration-law\/)\n- [Information About Lawyers https:\/\/www.nycbar.org\/get-legal-help\/article\/information-about-lawyers\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/information-about-lawyers\/)\n- [Insurance Law https:\/\/www.nycbar.org\/get-legal-help\/article\/insurance-law\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/insurance-law\/)\n- [Intellectual Property https:\/\/www.nycbar.org\/get-legal-help\/article\/intellectual-property\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/intellectual-property\/)\n- [Landlord–Tenant https:\/\/www.nycbar.org\/get-legal-help\/article\/landlord-tenant\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/landlord-tenant\/)\n- [Malpractice https:\/\/www.nycbar.org\/get-legal-help\/article\/malpractice\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/malpractice\/)\n- [Personal Injury & Accidents https:\/\/www.nycbar.org\/get-legal-help\/article\/personal-injury-and-accidents\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/personal-injury-and-accidents\/)\n- [Public Benefits https:\/\/www.nycbar.org\/get-legal-help\/article\/public-benefits\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/public-benefits\/)\n- [Real Property Law https:\/\/www.nycbar.org\/get-legal-help\/article\/real-property-law\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/real-property-law\/)\n- [Wills, Trusts & Estates https:\/\/www.nycbar.org\/get-legal-help\/article\/wills-trusts-and-elder-law\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/wills-trusts-and-elder-law\/)\n- [Workers’ Compensation https:\/\/www.nycbar.org\/get-legal-help\/article\/workers-comp\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/workers-comp\/)\n\nEmployment & Labor Law\n\n# New York City Labor and Employment Attorneys\nNew York State and New York City labor laws protect workers and establish fair treatment in the workplace. These laws cover many aspects of employment, including:\n\n- **Pay**: Employees are entitled to lawful pay for their work, including minimum wage and overtime, and are entitled to be classified properly. Employers must pay employees at least weekly, twice a month, or monthly, depending on how they are classified, and may only deduct from employee wages in certain instances.\n- **Benefits**: New York laws also cover certain employee benefits, such as health care continuation coverage and mandated disability benefits.\n- **Time off**: Employees are entitled to safe and sick leave as well as paid family leave and paid leave for prenatal appointments during pregnancy.\n- **Safety**: Employees are entitled to a safe work environment, and employers are responsible for providing infectious disease exposure prevention plans. Employees may have the right to create a workplace safety committee, and warehouse workers in certain distribution centers are entitled to protection.\n- **Discrimination**: New York law prohibits discrimination against employees based on a variety of protected classes, including race, color, national origin, age, sex, sexual orientation, disability, and more. Retaliation is prohibited against employees for exercising their protected rights.\n## What Does Labor and Employment Law Entail?\nEmployment law deals with the rights you have at your job. Employment law covers hiring, firing, employment contracts, working terms and conditions, wages and overtime—including your rights if you work part-time, full-time, as an independent contractor, tipped employee, or if you are working for commissions. Employment law also covers all forms of illegal discrimination, sexual harassment, and issues relating to your safety at work.\n\n## What Our NYC Labor and Employment Law Attorneys Can Help You With\nOur New York labor and employment law attorneys specialize in addressing a wide range of legal matters related to the workplace. They can assist with issues such as wrongful termination, discrimination, harassment, wage and hour disputes, and violations of labor laws. These attorneys provide guidance, advocacy, and representation to both employees and employers, helping them to navigate complex legal regulations and ensure compliance with applicable laws and workplace regulations.\n\n### Employment Discrimination\nEmployment discrimination law in New York focuses on protecting individuals from unfair treatment and discriminatory practices in the workplace based on protected characteristics such as race, gender, age, disability, religion, national origin, sexual orientation, and more. This area of law encompasses a wide range of actions, including hiring, firing, promotions, pay, benefits, and job assignments.\n\nNew York state and federal laws, including the New York State Human Rights Law and Title VII of the Civil Rights Act of 1964, provide protection against discrimination and harassment in employment. Attorneys specializing in employment discrimination law in New York work to ensure that employees’ rights are upheld and provide legal representation to individuals who have experienced discrimination, harassment, or retaliation in the workplace. They help clients navigate the complex legal process, file complaints with the appropriate agencies, and pursue legal action to seek remedies such as compensation, reinstatement, and injunctive relief to stop discriminatory practices.\n\nEmployment discrimination law in New York State and New York City can cover the following areas:\n\n- [Age Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/age-discrimination\/)\n- Arrest and Conviction Record (including those under seal)\n- [Disability Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/disability-discrimination\/)\n- Domestic Violence Victimization\n- [Ethnic\/National Origin Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/ethnicnational-origin-discrimination\/)\n- [Gender Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/gender-discrimination\/)\n- Gender Identity and Expression\n- Immigration Status\n- Marital and Familial Status\n- Military Status\n- [Pregnancy Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/pregnancy-discrimination\/)\n- [Race Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/race-discrimination\/)\n- [Religious Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/religious-discrimination\/)\n- Reproductive Health\n- [Sexual Orientation Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/sexual-orientation-discrimination\/)\n### Employment Classification\nDetermining your employment status is crucial as different legal protections apply to various categories of workers. One key distinction is between employees and independent contractors. Independent contractors have fewer legal rights and responsibilities compared to employees, as they are self-employed and negotiate their terms of work directly with the employer. They are responsible for their own taxes and do not receive benefits like paid leave or workers’ compensation. Factors such as control over work style, scheduling, use of subcontractors, negotiation of job duties and obligations, and ownership of tools can help determine if someone is an independent contractor rather than an employee.\n\nAnother important distinction lies between at-will employees and contractual employees. At-will employees can be terminated at any time for any reason, but not for an unlawful or discriminatory reason, while contractual employees work under negotiated agreements that specify terms of employment such as salary, duration, and reasons for termination.\n\nUnder state law, if an independent contractor is providing services worth \\$800 or more, they must have a written agreement in place that outlines the scope of work, payment terms, and deadlines.\n\nAdditionally, union members are governed by union agreements that dictate terms of employment, including wages, benefits, and disciplinary procedures, while civil service employees working for the government have rights outlined by the New York Civil Service Law, including provisions for promotion, transfer, and termination.\n\nFinally, [employment classification](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-classification\/) or status, if exercised properly, will determine whether you have legal rights to overtime after 40 hours of work in a workweek.\n\n### Employment Contracts\nIf you are an executive, professional, or employee with special skills, you likely have an [employment contract](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-contracts\/). Typically, an employment contract is a written agreement which outlines the rights and responsibilities that you and your employer have under the agreement, including the details of your salary and compensation package, benefits, employment duration, and conditions for termination. It is a formal document signed by both parties, ensuring that various aspects of your employment are clear.\n\nWhile many employees desire an employment contract, there are drawbacks to consider. These contracts can bind you to a company for a specified time period and\/or salary and compensation package, making it challenging to leave for a new job or negotiate higher pay. Termination clauses may favor the employer, allowing them to dismiss you at their discretion or for any contract violation.\n\nAdditionally, post-employment restrictions like non-compete or non-solicitation clauses can limit your career options. Dispute resolution terms often require arbitration in the employer’s state, complicating legal actions against the employer, especially if the employee seeks to have their employment dispute decided by a jury.\n\n### Employer Issues\nIf you own a business in New York and have employees, it’s crucial to understand various federal, state, and municipal laws. These laws govern how you pay wages, prevent discrimination and harassment, maintain a safe workplace, and manage your workforce. If you have specific agreements with employees or are part of a union contract or collective bargaining agreement, you may have additional obligations outlined in those agreements.\n\nThere are several broad categories of employment-related laws to consider: contract law, anti-discrimination laws, wage and hour laws under the [Fair Labor Standards Act (FLSA)](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/fair-labor-standards-act-flsa\/) and New York Labor Law (NYLL), the [Family and Medical Leave Act (FMLA)](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/family-medical-leave-act-fmla\/), sick and safe leave laws under the New York State and City safe and sick leave laws, the New York State Paid Family Leave Act, and the Occupational Safety and Health Act (OSHA).\n\nContract law governs the rights and responsibilities in any agreements between you and your employees. In New York, unless an employment contract specifies otherwise, employees are considered “at-will,” meaning either party can end the employment relationship at any time, for any reason, as long as it isn’t for an illegal reason (e.g., discrimination).\n\nAnti-discrimination laws at federal, state, and city levels prohibit workplace discrimination based on race, ethnicity, national origin, religion, gender, disability, pregnancy, and age, with New York State and City also barring discrimination based on sexual orientation and gender identity.\n\nThe FLSA and NYLL set standards for wages, overtime pay, and recordkeeping, with specific rules for proper classification of exempt and non-exempt employees.\n\nThe FMLA applies to businesses with 50 or more employees, allowing eligible employees to take up to 12 weeks of unpaid leave for serious health conditions or family needs while maintaining health coverage and job security, whereas the New York State Paid Family Leave law provides pay for employees needing such leave. The New York State and City safe and sick leave laws permit accrual of up to 56 hours of safe and sick leave, with the amount of paid leave dependent on the employer’s number of employees and its income. Private sector employers in New York must also provide eligible employees up to 20 hours of paid leave during a 52-week period for the purpose of attending prenatal appointments or medical appointments related to an employee’s pregnancy.\n\nFinally, OSHA mandates that employers provide a workplace free from recognized hazards, ensuring the safety and health of all employees. New York recognizes the right of employees to form safety committees, affords airborne disease protection with prevention plans, and protects warehouse workers in certain distribution centers. Certain retail employers must publish a workplace violence prevention policy.\n\nNew York employers must be mindful of all state and city record-keeping and posting requirements, to keep their businesses compliant. All postings in New York must be available in electronic format to all employees, remote or otherwise.\n\nNew York employers across the state must be aware that it is unlawful to inquire about an applicant’s salary history. Once an employee is hired, New York employers must have the employee sign a Notice of Pay Rate under the Wage Theft and Prevention Act. At termination, New York employers must provide a written notice of termination to the affected employee.\n\n### Harassment and Hostile Work Environment\n[Harassment and hostile work environments](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/harassmenthostile-work-environment\/) are significant legal issues. Harassment involves unwelcome and\/or egregious behavior based on race, gender, religion, or other protected characteristics that create an intimidating, hostile, or offensive work environment. This includes sexual harassment, which can involve unwanted advances, requests for favors, and other verbal or physical conduct.\n\nTo be considered a hostile work environment, the behavior must be pervasive or severe enough to affect the victim’s employment conditions. Employers are legally obligated to prevent and address harassment. Victims can report incidents to their employer, file a complaint with the Equal Employment Opportunity Commission (EEOC), the New York State or City Human Rights Commissions, or take legal action.\n\nNew York City provides additional protections under the New York City Human Rights Law, which applies to all employers, regardless of size. This law covers a broader range of discriminatory behaviors and requires employers to take proactive steps to prevent harassment, including the training of their employees.\n\nEmployees experiencing harassment should document incidents and seek support from human resources or legal professionals.\n\n### Labor Law Related to Commission Pay\nUnder the Fair Labor Standards Act (FLSA), hourly employees must receive at least the minimum wage as well as overtime pay for any hours worked over 40 per week, unless they are exempt. Employees of retail or service establishments who receive [commissions](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/commissions\/) can be considered exempt if they earn more than 1.5 times the minimum wage and more than half their pay in a representative period (of no less than one month) is made up of commissions they received from selling goods or services.\n\nCertain brokers and outside salespeople are exempt from minimum wage and [overtime rules](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/overtime\/).\n\nNew York Labor Law mandates written agreements for commissioned salespeople, including [independent contractors](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/independent-contractors\/). In New York, commissions are considered earned at the time specified in the written agreement and earned commissions are protected by NYLL wage laws. Employers can only deduct from wages (earned commissions) if legally permitted. Keeping records of earned commissions is crucial, especially before leaving a job. If not specified otherwise, draws against commissions are not repayable after employment ends.\n\n### Labor Unions\n[Labor unions](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/labor-unions\/) are primarily governed by federal laws like the National Labor Relations Act (NLRA), the Railway Labor Act (RLA), and the Labor Management Relations Act (LMRA). These laws enable unions to represent employees collectively, as in collective bargaining (labor negotiations) and grievance processes. The NLRA, administered by the National Labor Relations Board (NLRB), requires fair and good faith negotiations between employers and unions and prohibits employer discrimination, interference with union activities, refusal to bargain, and retaliation against employees.\n\nCertain employees, such as executives, managers, and those in specific industries like transportation, are excluded from NLRA protections. The RLA covers transportation employees.\n\nUnions, regulated by the LMRA (or Taft-Hartley Act), must avoid unfair practices, such as punishing members for exercising their rights, influencing employer discrimination based on union membership, refusing to bargain, and charging excessive fees.\n\nComplaints against unions or employers for NLRA violations can be filed with the NLRB or in federal court. For union misrepresentation cases, the filing period is typically six months after the internal grievance procedure is exhausted, making prompt legal consultation crucial.\n\n### Minimum Wage and Overtime Law\nThe Fair Labor Standards Act (FLSA) establishes a [minimum wage](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/minimum-wage\/) to protect workers from unfairly low pay. However, certain workers, like farm workers, seasonal workers, casual babysitters, and student workers in specific situations, may be exempt from receiving the federal minimum wage. Contractors and subcontractors providing services to the federal government are entitled to a higher (sometimes called a “prevailing”) minimum wage.\n\nNew York State (NYS) and New York City (NYC) have higher minimum wages than federal law. NYC has the highest minimum wage, followed by Westchester, Suffolk, and Nassau Counties, with the remainder of NYS having a slightly lower minimum wage. For tipped workers in the hospitality industry, the combination of their cash wage and tips must at least equal the respective minimum wage in their region.\n\nIn the fast-food industry, there is no tip credit, and the minimum wage is uniform for all workers. Service employees at resort hotels and all-year restaurants have specific minimum wages that include a combination of cash wage and tip credit, provided they meet certain tip thresholds.\n\nEmployees in NY are also entitled to meal breaks, with specific durations and times based on their industry and work shift. Employers must pay for all hours worked, including “off-the-clock” work, meal or rest breaks an employee worked through, training that an employee is required to complete, certain travel time, and waiting time spent on the employer’s premises. Violations of wage and hour laws include not paying the minimum wage, not properly classifying employees, not paying overtime to those who qualify, or not compensating for every hour worked.\n\n### Retaliation\n[Retaliation](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/retaliation\/) occurs when an employer punishes an employee for exercising legal rights or engaging in lawful activities. Federal, New York State, and New York City laws prohibit retaliation against employees for:\n\n- Reporting or filing discrimination or sexual harassment claims\n- Participating in an investigation or lawsuit related to such claims, even if the employer is found not at fault\n- Reporting illegal activities by the employer\n\nRetaliation can manifest in various employment aspects, such as hiring, firing, layoffs, pay, benefits, job assignments, promotions, training, or any other term or condition of employment. While sometimes obvious, retaliation can also be subtle and may not be immediately noticeable.\n\nExamples of retaliation include:\n\n- Being fired soon after reporting unpaid overtime violations\n- Gradually receiving fewer hours, reduced duties, and no promotions after cooperating in a wage investigation\n- Receiving demotions for reporting sexual harassment by a co-worker\n- Being the only employee denied a raise after taking legally protected leave to care for a sick relative\n- Being transferred to an undesirable shift without explanation after testifying in a discrimination lawsuit\n### Unemployment Insurance Benefits\nUnemployment insurance in New York is administered by the New York State Department of Labor (NYSDOL) and funded by employer taxes. To qualify, you must be out of work for a non-disqualifying reason, with eligibility based on past earnings and the reasons for unemployment.\n\nThe NYSDOL calculates benefits using your “basic base period” or “alternate base period,” which are based on earnings during specific calendar quarters. Eligibility also requires looking for work and being ready to accept a job if offered. Misconduct, quitting without good cause, or refusing a job can disqualify you.\n\nBenefits are determined and communicated via a Monetary Determination from the NYSDOL. If granted, you must request payment weekly and meet ongoing requirements, including job search documentation. Benefits can last up to 26 weeks, with specific maximum and minimum weekly rates.\n\nIf denied benefits or if the amount is incorrect, you can file a Request for Reconsideration. If further disputed, you can appeal through a hearing before an administrative law judge and, if necessary, take the case to the Unemployment Insurance Appeal Board and the New York State Supreme Court.\n\n### Whistleblowers\nA [whistleblower](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/whistleblowers\/) is someone, often an employee, who reports unlawful or dangerous activities such as fraud, improper billing, unsafe work conditions, or civil rights violations. Numerous federal and state laws, including the False Claims Act, Sarbanes-Oxley Act, and Whistleblower Protection Act of 1989, protect whistleblowers. New York State also has specific whistleblower laws and protections, including for healthcare workers reporting substandard patient care.\n\nWhistleblower cases often involve false claims for government healthcare program reimbursements. If you observe illegal conduct, you should contact a whistleblower attorney before you quit or before you are terminated, if possible. You may be eligible for a whistleblower award. Employers are prohibited from retaliating against lawful whistleblowing, which includes investigating or preventing fraud, reporting misconduct, filing complaints, or assisting government authorities.\n\nRetaliation can be overt, like being fired or demoted, or subtle, such as reduced hours and responsibilities. Examples include being fired after reporting environmental violations or facing criticism and threats after reporting accounting irregularities to the SEC.\n\nWhistleblowers who prove retaliation in court may be reinstated, receive back pay, and recover other damages. They may also file lawsuits on behalf of themselves and the government in cases of fraud, potentially sharing in any recovery.\n\n### Workers’ Compensation and Disability Law\nThe New York State Workers’ Compensation Board administers the state’s workers’ compensation law and the state’s disability law (as well as the state’s paid family leave law). Employees who are injured while working may qualify for lost wages and payments for medical care under the workers’ compensation law. Injured employees have certain minimal notice requirements to meet before stating a claim. The state’s disability law applies to those who become disabled as a result of a non-work-related injury.\n\n## Book a Consultation With a New York City Labor and Employment Attorney\nEmployment law encompasses your rights at work, including hiring, firing, employment contracts, working conditions, wages, and overtime. It also addresses rights for part-time, full-time, independent contractors, tipped employees, and commission-based workers. Additionally, employment law covers illegal discrimination, sexual harassment, and workplace safety.\n\nNYC Legal Referral Service Labor and Employment Law Attorneys can assist with a variety of workplace legal issues. They specialize in wrongful termination, discrimination, harassment, wage and hour disputes, and other labor law violations. These attorneys offer guidance, advocacy, and representation to both employees and employers, helping them navigate complex legal regulations to ensure fair treatment and compliance with applicable workplace laws. If you feel your rights have been violated, or you are an employer facing legal compliance issues, [reach out](https:\/\/www.nycbar.org\/get-legal-help\/our-services\/request-a-lawyer\/) to the Legal Referral Service today to get connected to an experienced labor and employment attorney.\n\n*Legal Editor: Joseph F. Tremiti, April 2025*\n\n*Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer.*\n\n[Request A Lawyer](https:\/\/www.nycbar.org\/get-legal-help\/our-services\/request-a-lawyer\/)\n\n[Back to Top](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/)\n\n## All Employment & Labor Law Topics\n- [Age Discriminationhttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/age-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/age-discrimination\/)\n- [Commissionshttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/commissions\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/commissions\/)\n- [Disability Discriminationhttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/disability-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/disability-discrimination\/)\n- [Employer Issueshttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employer-issues\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employer-issues\/)\n- [Employment Classificationhttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-classification\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-classification\/)\n- [Employment Contractshttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-contracts\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-contracts\/)\n- [Ethnic\/National Origin Discriminationhttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/ethnicnational-origin-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/ethnicnational-origin-discrimination\/)\n- [Exempt & Non-Exempt Employeeshttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/exempt-non-exempt-employees\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/exempt-non-exempt-employees\/)\n- [Fair Chance Acthttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/the-fair-chance-act\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/the-fair-chance-act\/)\n- [Fair Labor Standards Act (FLSA)https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/fair-labor-standards-act-flsa\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/fair-labor-standards-act-flsa\/)\n- [Family & Medical Leave Act (FMLA)https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/family-medical-leave-act-fmla\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/family-medical-leave-act-fmla\/)\n- [Gender Discriminationhttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/gender-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/gender-discrimination\/)\n- [Harassment\/Hostile Work Environmenthttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/harassmenthostile-work-environment\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/harassmenthostile-work-environment\/)\n- [Independent Contractorshttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/independent-contractors\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/independent-contractors\/)\n- [Labor Unionshttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/labor-unions\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/labor-unions\/)\n- [Minimum Wagehttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/minimum-wage\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/minimum-wage\/)\n- [New York City’s Earned Sick Leave Lawhttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/new-york-citys-earned-sick-leave-law\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/new-york-citys-earned-sick-leave-law\/)\n- [Overtimehttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/overtime\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/overtime\/)\n- [Pregnancy Discriminationhttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/pregnancy-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/pregnancy-discrimination\/)\n- [Race Discriminationhttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/race-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/race-discrimination\/)\n- [Religious Discriminationhttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/religious-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/religious-discrimination\/)\n- [Retaliationhttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/retaliation\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/retaliation\/)\n- [Securities Industryhttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/securities-industry\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/securities-industry\/)\n- [Sexual Orientation Discriminationhttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/sexual-orientation-discrimination\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/sexual-orientation-discrimination\/)\n- [Whistleblowershttps:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/whistleblowers\/](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/whistleblowers\/)\n\n[See All Legal Topics](https:\/\/www.nycbar.org\/get-legal-help\/legal-topics\/)\n\nIf you are referred to a screened and qualified participating LRS Lawyer, your initial consultation will be \\$35 or free, depending on the type of case, and will last up to 30 minutes.\n\n[View Glossary](https:\/\/www.nycbar.org\/get-legal-help\/glossary\/)\n\n### Share this Article\n[Back to Top](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/)\n\n## Our Lawyers\n![](https:\/\/www.nycbar.org\/get-legal-help\/wp-content\/uploads\/2019\/06\/richard-g-carousel.jpg)\n\n### Richard G.\nLRS Lawyer\n\nOur lawyers are screened and approved – they have all gone through an application and interview process. Each lawyer we recommend has been screened for significant experience, knowledge of ethics codes and rules, and law office practices, including customer service skills and handling of fees and billing.\n\n[Learn More About Our Lawyers](https:\/\/www.nycbar.org\/get-legal-help\/about-us\/our-lawyers\/)\n\n## About Us\nWhen you call us, you will be speaking with an attorney. One of our attorney referral counselors takes your call and talks with you about your legal question, or reviews your online referral request. There is no charge to speak with one of our attorney referral counselors -- we’re here to help.\n\n[Learn More About Us](https:\/\/www.nycbar.org\/get-legal-help\/about-us\/)\n\n## Special Announcement\n# [\\$35 Initial Consultation Fee Back in Effect on Monday, February 5th](https:\/\/www.nycbar.org\/get-legal-help\/2024\/02\/35-initial-consultation-fee-back-in-effect-on-monday-february-5th\/)\nhttps:\/\/www.nycbar.org\/get-legal-help\/2024\/02\/35-initial-consultation-fee-back-in-effect-on-monday-february-5th\/\n\nThe New York City Bar Legal Referral Service (LRS) \\$35 initial consultation fee will go back into effect on Monday, February 5, 2024. If you are referred to a screened and qualified participating LRS lawyer, the initial consultation with the… [Read more](https:\/\/www.nycbar.org\/get-legal-help\/2024\/02\/35-initial-consultation-fee-back-in-effect-on-monday-february-5th\/)\n\n## Contact Us\n- English: [212-626-7373](tel:2126267373)\n- Español: [212-626-7374](tel:2126267374)\n\n[lrs@nycbar.org](mailto:lrs@nycbar.org)\n\n[New York City Bar Legal Referral Service  42 West 44th Street, New York, NY 10036](http:\/\/maps.google.com\/maps?q=New%20York%20City%20Bar%20Legal%20Referral%20Service%20%2042%20West%2044th%20Street%20New%20York%20NY%2010036)  \nMonday - Thursday 8:30AM to 5:30PM   \n (Closed from 1:00PM to 2:00PM)   \n Friday 8:30AM to 1:00PM   \n Closed on all national holidays\n\n[Request A Lawyer Online](https:\/\/www.nycbar.org\/get-legal-help\/our-services\/request-a-lawyer\/)\n\n[Lawyers – Join Our Team](https:\/\/www.nycbar.org\/get-legal-help\/become-an-lrs-lawyer\/)\n\n- [Privacy Policy](https:\/\/www.nycbar.org\/get-legal-help\/privacy-policy\/)\n- [Terms & Conditions](https:\/\/www.nycbar.org\/get-legal-help\/terms-conditions\/)\n\n© 2026 [Association of the Bar of the City of New York](https:\/\/www.nycbar.org\/). All rights reserved.  \nATTORNEY ADVERTISING. Results depend on a number of factors unique to each matter. Prior results do not guarantee a similar outcome.\n\n![](https:\/\/googleads.g.doubleclick.net\/pagead\/viewthroughconversion\/1010326278\/?guid=ON&script=0)","attrs_readable_markdown":"New York State and New York City labor laws protect workers and establish fair treatment in the workplace. These laws cover many aspects of employment, including:\n\n- **Pay**: Employees are entitled to lawful pay for their work, including minimum wage and overtime, and are entitled to be classified properly. Employers must pay employees at least weekly, twice a month, or monthly, depending on how they are classified, and may only deduct from employee wages in certain instances.\n- **Benefits**: New York laws also cover certain employee benefits, such as health care continuation coverage and mandated disability benefits.\n- **Time off**: Employees are entitled to safe and sick leave as well as paid family leave and paid leave for prenatal appointments during pregnancy.\n- **Safety**: Employees are entitled to a safe work environment, and employers are responsible for providing infectious disease exposure prevention plans. Employees may have the right to create a workplace safety committee, and warehouse workers in certain distribution centers are entitled to protection.\n- **Discrimination**: New York law prohibits discrimination against employees based on a variety of protected classes, including race, color, national origin, age, sex, sexual orientation, disability, and more. Retaliation is prohibited against employees for exercising their protected rights.\n## What Does Labor and Employment Law Entail?\nEmployment law deals with the rights you have at your job. Employment law covers hiring, firing, employment contracts, working terms and conditions, wages and overtime—including your rights if you work part-time, full-time, as an independent contractor, tipped employee, or if you are working for commissions. Employment law also covers all forms of illegal discrimination, sexual harassment, and issues relating to your safety at work.\n\n## What Our NYC Labor and Employment Law Attorneys Can Help You With\nOur New York labor and employment law attorneys specialize in addressing a wide range of legal matters related to the workplace. They can assist with issues such as wrongful termination, discrimination, harassment, wage and hour disputes, and violations of labor laws. These attorneys provide guidance, advocacy, and representation to both employees and employers, helping them to navigate complex legal regulations and ensure compliance with applicable laws and workplace regulations.\n\n### Employment Discrimination\nEmployment discrimination law in New York focuses on protecting individuals from unfair treatment and discriminatory practices in the workplace based on protected characteristics such as race, gender, age, disability, religion, national origin, sexual orientation, and more. This area of law encompasses a wide range of actions, including hiring, firing, promotions, pay, benefits, and job assignments.\n\nNew York state and federal laws, including the New York State Human Rights Law and Title VII of the Civil Rights Act of 1964, provide protection against discrimination and harassment in employment. Attorneys specializing in employment discrimination law in New York work to ensure that employees’ rights are upheld and provide legal representation to individuals who have experienced discrimination, harassment, or retaliation in the workplace. They help clients navigate the complex legal process, file complaints with the appropriate agencies, and pursue legal action to seek remedies such as compensation, reinstatement, and injunctive relief to stop discriminatory practices.\n\nEmployment discrimination law in New York State and New York City can cover the following areas:\n\n- [Age Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/age-discrimination\/)\n- Arrest and Conviction Record (including those under seal)\n- [Disability Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/disability-discrimination\/)\n- Domestic Violence Victimization\n- [Ethnic\/National Origin Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/ethnicnational-origin-discrimination\/)\n- [Gender Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/gender-discrimination\/)\n- Gender Identity and Expression\n- Immigration Status\n- Marital and Familial Status\n- Military Status\n- [Pregnancy Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/pregnancy-discrimination\/)\n- [Race Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/race-discrimination\/)\n- [Religious Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/religious-discrimination\/)\n- Reproductive Health\n- [Sexual Orientation Discrimination](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/sexual-orientation-discrimination\/)\n### Employment Classification\nDetermining your employment status is crucial as different legal protections apply to various categories of workers. One key distinction is between employees and independent contractors. Independent contractors have fewer legal rights and responsibilities compared to employees, as they are self-employed and negotiate their terms of work directly with the employer. They are responsible for their own taxes and do not receive benefits like paid leave or workers’ compensation. Factors such as control over work style, scheduling, use of subcontractors, negotiation of job duties and obligations, and ownership of tools can help determine if someone is an independent contractor rather than an employee.\n\nAnother important distinction lies between at-will employees and contractual employees. At-will employees can be terminated at any time for any reason, but not for an unlawful or discriminatory reason, while contractual employees work under negotiated agreements that specify terms of employment such as salary, duration, and reasons for termination.\n\nUnder state law, if an independent contractor is providing services worth \\$800 or more, they must have a written agreement in place that outlines the scope of work, payment terms, and deadlines.\n\nAdditionally, union members are governed by union agreements that dictate terms of employment, including wages, benefits, and disciplinary procedures, while civil service employees working for the government have rights outlined by the New York Civil Service Law, including provisions for promotion, transfer, and termination.\n\nFinally, [employment classification](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-classification\/) or status, if exercised properly, will determine whether you have legal rights to overtime after 40 hours of work in a workweek.\n\n### Employment Contracts\nIf you are an executive, professional, or employee with special skills, you likely have an [employment contract](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/employment-contracts\/). Typically, an employment contract is a written agreement which outlines the rights and responsibilities that you and your employer have under the agreement, including the details of your salary and compensation package, benefits, employment duration, and conditions for termination. It is a formal document signed by both parties, ensuring that various aspects of your employment are clear.\n\nWhile many employees desire an employment contract, there are drawbacks to consider. These contracts can bind you to a company for a specified time period and\/or salary and compensation package, making it challenging to leave for a new job or negotiate higher pay. Termination clauses may favor the employer, allowing them to dismiss you at their discretion or for any contract violation.\n\nAdditionally, post-employment restrictions like non-compete or non-solicitation clauses can limit your career options. Dispute resolution terms often require arbitration in the employer’s state, complicating legal actions against the employer, especially if the employee seeks to have their employment dispute decided by a jury.\n\n### Employer Issues\nIf you own a business in New York and have employees, it’s crucial to understand various federal, state, and municipal laws. These laws govern how you pay wages, prevent discrimination and harassment, maintain a safe workplace, and manage your workforce. If you have specific agreements with employees or are part of a union contract or collective bargaining agreement, you may have additional obligations outlined in those agreements.\n\nThere are several broad categories of employment-related laws to consider: contract law, anti-discrimination laws, wage and hour laws under the [Fair Labor Standards Act (FLSA)](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/fair-labor-standards-act-flsa\/) and New York Labor Law (NYLL), the [Family and Medical Leave Act (FMLA)](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/family-medical-leave-act-fmla\/), sick and safe leave laws under the New York State and City safe and sick leave laws, the New York State Paid Family Leave Act, and the Occupational Safety and Health Act (OSHA).\n\nContract law governs the rights and responsibilities in any agreements between you and your employees. In New York, unless an employment contract specifies otherwise, employees are considered “at-will,” meaning either party can end the employment relationship at any time, for any reason, as long as it isn’t for an illegal reason (e.g., discrimination).\n\nAnti-discrimination laws at federal, state, and city levels prohibit workplace discrimination based on race, ethnicity, national origin, religion, gender, disability, pregnancy, and age, with New York State and City also barring discrimination based on sexual orientation and gender identity.\n\nThe FLSA and NYLL set standards for wages, overtime pay, and recordkeeping, with specific rules for proper classification of exempt and non-exempt employees.\n\nThe FMLA applies to businesses with 50 or more employees, allowing eligible employees to take up to 12 weeks of unpaid leave for serious health conditions or family needs while maintaining health coverage and job security, whereas the New York State Paid Family Leave law provides pay for employees needing such leave. The New York State and City safe and sick leave laws permit accrual of up to 56 hours of safe and sick leave, with the amount of paid leave dependent on the employer’s number of employees and its income. Private sector employers in New York must also provide eligible employees up to 20 hours of paid leave during a 52-week period for the purpose of attending prenatal appointments or medical appointments related to an employee’s pregnancy.\n\nFinally, OSHA mandates that employers provide a workplace free from recognized hazards, ensuring the safety and health of all employees. New York recognizes the right of employees to form safety committees, affords airborne disease protection with prevention plans, and protects warehouse workers in certain distribution centers. Certain retail employers must publish a workplace violence prevention policy.\n\nNew York employers must be mindful of all state and city record-keeping and posting requirements, to keep their businesses compliant. All postings in New York must be available in electronic format to all employees, remote or otherwise.\n\nNew York employers across the state must be aware that it is unlawful to inquire about an applicant’s salary history. Once an employee is hired, New York employers must have the employee sign a Notice of Pay Rate under the Wage Theft and Prevention Act. At termination, New York employers must provide a written notice of termination to the affected employee.\n\n### Harassment and Hostile Work Environment\n[Harassment and hostile work environments](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/harassmenthostile-work-environment\/) are significant legal issues. Harassment involves unwelcome and\/or egregious behavior based on race, gender, religion, or other protected characteristics that create an intimidating, hostile, or offensive work environment. This includes sexual harassment, which can involve unwanted advances, requests for favors, and other verbal or physical conduct.\n\nTo be considered a hostile work environment, the behavior must be pervasive or severe enough to affect the victim’s employment conditions. Employers are legally obligated to prevent and address harassment. Victims can report incidents to their employer, file a complaint with the Equal Employment Opportunity Commission (EEOC), the New York State or City Human Rights Commissions, or take legal action.\n\nNew York City provides additional protections under the New York City Human Rights Law, which applies to all employers, regardless of size. This law covers a broader range of discriminatory behaviors and requires employers to take proactive steps to prevent harassment, including the training of their employees.\n\nEmployees experiencing harassment should document incidents and seek support from human resources or legal professionals.\n\n### Labor Law Related to Commission Pay\nUnder the Fair Labor Standards Act (FLSA), hourly employees must receive at least the minimum wage as well as overtime pay for any hours worked over 40 per week, unless they are exempt. Employees of retail or service establishments who receive [commissions](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/commissions\/) can be considered exempt if they earn more than 1.5 times the minimum wage and more than half their pay in a representative period (of no less than one month) is made up of commissions they received from selling goods or services.\n\nCertain brokers and outside salespeople are exempt from minimum wage and [overtime rules](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/overtime\/).\n\nNew York Labor Law mandates written agreements for commissioned salespeople, including [independent contractors](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/independent-contractors\/). In New York, commissions are considered earned at the time specified in the written agreement and earned commissions are protected by NYLL wage laws. Employers can only deduct from wages (earned commissions) if legally permitted. Keeping records of earned commissions is crucial, especially before leaving a job. If not specified otherwise, draws against commissions are not repayable after employment ends.\n\n### Labor Unions\n[Labor unions](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/labor-unions\/) are primarily governed by federal laws like the National Labor Relations Act (NLRA), the Railway Labor Act (RLA), and the Labor Management Relations Act (LMRA). These laws enable unions to represent employees collectively, as in collective bargaining (labor negotiations) and grievance processes. The NLRA, administered by the National Labor Relations Board (NLRB), requires fair and good faith negotiations between employers and unions and prohibits employer discrimination, interference with union activities, refusal to bargain, and retaliation against employees.\n\nCertain employees, such as executives, managers, and those in specific industries like transportation, are excluded from NLRA protections. The RLA covers transportation employees.\n\nUnions, regulated by the LMRA (or Taft-Hartley Act), must avoid unfair practices, such as punishing members for exercising their rights, influencing employer discrimination based on union membership, refusing to bargain, and charging excessive fees.\n\nComplaints against unions or employers for NLRA violations can be filed with the NLRB or in federal court. For union misrepresentation cases, the filing period is typically six months after the internal grievance procedure is exhausted, making prompt legal consultation crucial.\n\n### Minimum Wage and Overtime Law\nThe Fair Labor Standards Act (FLSA) establishes a [minimum wage](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/minimum-wage\/) to protect workers from unfairly low pay. However, certain workers, like farm workers, seasonal workers, casual babysitters, and student workers in specific situations, may be exempt from receiving the federal minimum wage. Contractors and subcontractors providing services to the federal government are entitled to a higher (sometimes called a “prevailing”) minimum wage.\n\nNew York State (NYS) and New York City (NYC) have higher minimum wages than federal law. NYC has the highest minimum wage, followed by Westchester, Suffolk, and Nassau Counties, with the remainder of NYS having a slightly lower minimum wage. For tipped workers in the hospitality industry, the combination of their cash wage and tips must at least equal the respective minimum wage in their region.\n\nIn the fast-food industry, there is no tip credit, and the minimum wage is uniform for all workers. Service employees at resort hotels and all-year restaurants have specific minimum wages that include a combination of cash wage and tip credit, provided they meet certain tip thresholds.\n\nEmployees in NY are also entitled to meal breaks, with specific durations and times based on their industry and work shift. Employers must pay for all hours worked, including “off-the-clock” work, meal or rest breaks an employee worked through, training that an employee is required to complete, certain travel time, and waiting time spent on the employer’s premises. Violations of wage and hour laws include not paying the minimum wage, not properly classifying employees, not paying overtime to those who qualify, or not compensating for every hour worked.\n\n### Retaliation\n[Retaliation](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/retaliation\/) occurs when an employer punishes an employee for exercising legal rights or engaging in lawful activities. Federal, New York State, and New York City laws prohibit retaliation against employees for:\n\n- Reporting or filing discrimination or sexual harassment claims\n- Participating in an investigation or lawsuit related to such claims, even if the employer is found not at fault\n- Reporting illegal activities by the employer\n\nRetaliation can manifest in various employment aspects, such as hiring, firing, layoffs, pay, benefits, job assignments, promotions, training, or any other term or condition of employment. While sometimes obvious, retaliation can also be subtle and may not be immediately noticeable.\n\nExamples of retaliation include:\n\n- Being fired soon after reporting unpaid overtime violations\n- Gradually receiving fewer hours, reduced duties, and no promotions after cooperating in a wage investigation\n- Receiving demotions for reporting sexual harassment by a co-worker\n- Being the only employee denied a raise after taking legally protected leave to care for a sick relative\n- Being transferred to an undesirable shift without explanation after testifying in a discrimination lawsuit\n### Unemployment Insurance Benefits\nUnemployment insurance in New York is administered by the New York State Department of Labor (NYSDOL) and funded by employer taxes. To qualify, you must be out of work for a non-disqualifying reason, with eligibility based on past earnings and the reasons for unemployment.\n\nThe NYSDOL calculates benefits using your “basic base period” or “alternate base period,” which are based on earnings during specific calendar quarters. Eligibility also requires looking for work and being ready to accept a job if offered. Misconduct, quitting without good cause, or refusing a job can disqualify you.\n\nBenefits are determined and communicated via a Monetary Determination from the NYSDOL. If granted, you must request payment weekly and meet ongoing requirements, including job search documentation. Benefits can last up to 26 weeks, with specific maximum and minimum weekly rates.\n\nIf denied benefits or if the amount is incorrect, you can file a Request for Reconsideration. If further disputed, you can appeal through a hearing before an administrative law judge and, if necessary, take the case to the Unemployment Insurance Appeal Board and the New York State Supreme Court.\n\n### Whistleblowers\nA [whistleblower](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/whistleblowers\/) is someone, often an employee, who reports unlawful or dangerous activities such as fraud, improper billing, unsafe work conditions, or civil rights violations. Numerous federal and state laws, including the False Claims Act, Sarbanes-Oxley Act, and Whistleblower Protection Act of 1989, protect whistleblowers. New York State also has specific whistleblower laws and protections, including for healthcare workers reporting substandard patient care.\n\nWhistleblower cases often involve false claims for government healthcare program reimbursements. If you observe illegal conduct, you should contact a whistleblower attorney before you quit or before you are terminated, if possible. You may be eligible for a whistleblower award. Employers are prohibited from retaliating against lawful whistleblowing, which includes investigating or preventing fraud, reporting misconduct, filing complaints, or assisting government authorities.\n\nRetaliation can be overt, like being fired or demoted, or subtle, such as reduced hours and responsibilities. Examples include being fired after reporting environmental violations or facing criticism and threats after reporting accounting irregularities to the SEC.\n\nWhistleblowers who prove retaliation in court may be reinstated, receive back pay, and recover other damages. They may also file lawsuits on behalf of themselves and the government in cases of fraud, potentially sharing in any recovery.\n\n### Workers’ Compensation and Disability Law\nThe New York State Workers’ Compensation Board administers the state’s workers’ compensation law and the state’s disability law (as well as the state’s paid family leave law). Employees who are injured while working may qualify for lost wages and payments for medical care under the workers’ compensation law. Injured employees have certain minimal notice requirements to meet before stating a claim. The state’s disability law applies to those who become disabled as a result of a non-work-related injury.\n\n## Book a Consultation With a New York City Labor and Employment Attorney\nEmployment law encompasses your rights at work, including hiring, firing, employment contracts, working conditions, wages, and overtime. It also addresses rights for part-time, full-time, independent contractors, tipped employees, and commission-based workers. Additionally, employment law covers illegal discrimination, sexual harassment, and workplace safety.\n\nNYC Legal Referral Service Labor and Employment Law Attorneys can assist with a variety of workplace legal issues. They specialize in wrongful termination, discrimination, harassment, wage and hour disputes, and other labor law violations. These attorneys offer guidance, advocacy, and representation to both employees and employers, helping them navigate complex legal regulations to ensure fair treatment and compliance with applicable workplace laws. If you feel your rights have been violated, or you are an employer facing legal compliance issues, [reach out](https:\/\/www.nycbar.org\/get-legal-help\/our-services\/request-a-lawyer\/) to the Legal Referral Service today to get connected to an experienced labor and employment attorney.\n\n*Legal Editor: Joseph F. Tremiti, April 2025*\n\n*Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer.*\n\n[Request A Lawyer](https:\/\/www.nycbar.org\/get-legal-help\/our-services\/request-a-lawyer\/)\n\n[Back to Top](https:\/\/www.nycbar.org\/get-legal-help\/article\/employment-and-labor\/)","meta_canonical":null}

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Boilerpipe Text	New York State and New York City labor laws protect workers and establish fair treatment in the workplace. These laws cover many aspects of employment, including: Pay : Employees are entitled to lawful pay for their work, including minimum wage and overtime, and are entitled to be classified properly. Employers must pay employees at least weekly, twice a month, or monthly, depending on how they are classified, and may only deduct from employee wages in certain instances. Benefits : New York laws also cover certain employee benefits, such as health care continuation coverage and mandated disability benefits. Time off : Employees are entitled to safe and sick leave as well as paid family leave and paid leave for prenatal appointments during pregnancy. Safety : Employees are entitled to a safe work environment, and employers are responsible for providing infectious disease exposure prevention plans. Employees may have the right to create a workplace safety committee, and warehouse workers in certain distribution centers are entitled to protection. Discrimination : New York law prohibits discrimination against employees based on a variety of protected classes, including race, color, national origin, age, sex, sexual orientation, disability, and more. Retaliation is prohibited against employees for exercising their protected rights. What Does Labor and Employment Law Entail? Employment law deals with the rights you have at your job. Employment law covers hiring, firing,  employment contracts , working terms and conditions, wages and overtime—including your rights if you work part-time, full-time, as an  independent contractor , tipped employee, or if you are working for commissions. Employment law also covers all forms of illegal discrimination, sexual harassment, and issues relating to your safety at work. What Our NYC Labor and Employment Law Attorneys Can Help You With Our New York labor and employment law attorneys specialize in addressing a wide range of legal matters related to the workplace. They can assist with issues such as wrongful termination, discrimination, harassment, wage and hour disputes, and violations of labor laws. These attorneys provide guidance, advocacy, and representation to both employees and employers, helping them to navigate complex legal regulations and ensure compliance with applicable laws and workplace regulations. Employment Discrimination Employment discrimination law in New York focuses on protecting individuals from unfair treatment and discriminatory practices in the workplace based on protected characteristics such as race, gender, age, disability, religion, national origin, sexual orientation, and more. This area of law encompasses a wide range of actions, including hiring, firing, promotions, pay, benefits, and job assignments. New York state and federal laws, including the New York State Human Rights Law and Title VII of the Civil Rights Act of 1964 , provide protection against discrimination and harassment in employment. Attorneys specializing in employment discrimination law in New York work to ensure that employees’ rights are upheld and provide legal representation to individuals who have experienced discrimination, harassment, or retaliation in the workplace. They help clients navigate the complex legal process, file complaints with the appropriate agencies, and pursue legal action to seek remedies such as compensation, reinstatement, and injunctive relief to stop discriminatory practices. Employment discrimination law in New York State and New York City can cover the following areas: Age Discrimination Arrest and Conviction Record (including those under seal) Disability Discrimination Domestic Violence Victimization Ethnic/National Origin Discrimination Gender Discrimination Gender Identity and Expression Immigration Status Marital and Familial Status Military Status Pregnancy Discrimination Race Discrimination Religious Discrimination Reproductive Health Sexual Orientation Discrimination Employment Classification Determining your employment status is crucial as different legal protections apply to various categories of workers. One key distinction is between employees and independent contractors. Independent contractors have fewer legal rights and responsibilities compared to employees, as they are self-employed and negotiate their terms of work directly with the employer. They are responsible for their own taxes and do not receive benefits like paid leave or workers’ compensation. Factors such as control over work style, scheduling, use of subcontractors, negotiation of job duties and obligations, and ownership of tools can help determine if someone is an independent contractor rather than an employee. Another important distinction lies between at-will employees and contractual employees. At-will employees can be terminated at any time for any reason, but not for an unlawful or discriminatory reason, while contractual employees work under negotiated agreements that specify terms of employment such as salary, duration, and reasons for termination. Under state law, if an independent contractor is providing services worth $800 or more, they must have a written agreement in place that outlines the scope of work, payment terms, and deadlines. Additionally, union members are governed by union agreements that dictate terms of employment, including wages, benefits, and disciplinary procedures, while civil service employees working for the government have rights outlined by the New York Civil Service Law , including provisions for promotion, transfer, and termination. Finally, employment classification or status, if exercised properly, will determine whether you have legal rights to overtime after 40 hours of work in a workweek. Employment Contracts If you are an executive, professional, or employee with special skills, you likely have an employment contract . Typically, an employment contract is a written agreement which outlines the rights and responsibilities that you and your employer have under the agreement, including the details of your salary and compensation package, benefits, employment duration, and conditions for termination. It is a formal document signed by both parties, ensuring that various aspects of your employment are clear. While many employees desire an employment contract, there are drawbacks to consider. These contracts can bind you to a company for a specified time period and/or salary and compensation package, making it challenging to leave for a new job or negotiate higher pay. Termination clauses may favor the employer, allowing them to dismiss you at their discretion or for any contract violation. Additionally, post-employment restrictions like non-compete or non-solicitation clauses can limit your career options. Dispute resolution terms often require arbitration in the employer’s state, complicating legal actions against the employer, especially if the employee seeks to have their employment dispute decided by a jury. Employer Issues If you own a business in New York and have employees, it’s crucial to understand various federal, state, and municipal laws. These laws govern how you pay wages, prevent discrimination and harassment, maintain a safe workplace, and manage your workforce. If you have specific agreements with employees or are part of a union contract or collective bargaining agreement , you may have additional obligations outlined in those agreements. There are several broad categories of employment-related laws to consider: contract law, anti-discrimination laws, wage and hour laws under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL), the Family and Medical Leave Act (FMLA) , sick and safe leave laws under the New York State and City safe and sick leave laws, the New York State Paid Family Leave Act, and the Occupational Safety and Health Act (OSHA). Contract law governs the rights and responsibilities in any agreements between you and your employees. In New York, unless an employment contract specifies otherwise, employees are considered “at-will,” meaning either party can end the employment relationship at any time, for any reason, as long as it isn’t for an illegal reason (e.g., discrimination). Anti-discrimination laws at federal, state, and city levels prohibit workplace discrimination based on race, ethnicity, national origin, religion, gender, disability, pregnancy, and age, with New York State and City also barring discrimination based on sexual orientation and gender identity. The FLSA and NYLL set standards for wages, overtime pay, and recordkeeping, with specific rules for proper classification of exempt and non-exempt employees . The FMLA applies to businesses with 50 or more employees, allowing eligible employees to take up to 12 weeks of unpaid leave for serious health conditions or family needs while maintaining health coverage and job security, whereas the New York State Paid Family Leave law provides pay for employees needing such leave. The New York State and City safe and sick leave laws permit accrual of up to 56 hours of safe and sick leave, with the amount of paid leave dependent on the employer’s number of employees and its income. Private sector employers in New York must also provide eligible employees up to 20 hours of paid leave during a 52-week period for the purpose of attending prenatal appointments or medical appointments related to an employee’s pregnancy. Finally, OSHA mandates that employers provide a workplace free from recognized hazards, ensuring the safety and health of all employees. New York recognizes the right of employees to form safety committees, affords airborne disease protection with prevention plans, and protects warehouse workers in certain distribution centers. Certain retail employers must publish a workplace violence prevention policy. New York employers must be mindful of all state and city record-keeping and posting requirements, to keep their businesses compliant. All postings in New York must be available in electronic format to all employees, remote or otherwise. New York employers across the state must be aware that it is unlawful to inquire about an applicant’s salary history. Once an employee is hired, New York employers must have the employee sign a Notice of Pay Rate under the Wage Theft and Prevention Act. At termination, New York employers must provide a written notice of termination to the affected employee. Harassment and Hostile Work Environment Harassment and hostile work environments are significant legal issues. Harassment involves unwelcome and/or egregious behavior based on race, gender, religion, or other protected characteristics that create an intimidating, hostile, or offensive work environment. This includes sexual harassment, which can involve unwanted advances, requests for favors, and other verbal or physical conduct. To be considered a hostile work environment, the behavior must be pervasive or severe enough to affect the victim’s employment conditions. Employers are legally obligated to prevent and address harassment. Victims can report incidents to their employer, file a complaint with the Equal Employment Opportunity Commission (EEOC), the New York State or City Human Rights Commissions, or take legal action. New York City provides additional protections under the New York City Human Rights Law, which applies to all employers, regardless of size. This law covers a broader range of discriminatory behaviors and requires employers to take proactive steps to prevent harassment, including the training of their employees. Employees experiencing harassment should document incidents and seek support from human resources or legal professionals. Labor Law Related to Commission Pay Under the Fair Labor Standards Act (FLSA), hourly employees must receive at least the minimum wage as well as overtime pay for any hours worked over 40 per week, unless they are exempt. Employees of retail or service establishments who receive commissions can be considered exempt if they earn more than 1.5 times the minimum wage and more than half their pay in a representative period (of no less than one month) is made up of commissions they received from selling goods or services. Certain brokers and outside salespeople are exempt from minimum wage and overtime rules . New York Labor Law mandates written agreements for commissioned salespeople, including independent contractors . In New York, commissions are considered earned at the time specified in the written agreement and earned commissions are protected by NYLL wage laws. Employers can only deduct from wages (earned commissions) if legally permitted. Keeping records of earned commissions is crucial, especially before leaving a job. If not specified otherwise, draws against commissions are not repayable after employment ends. Labor Unions Labor unions are primarily governed by federal laws like the National Labor Relations Act (NLRA), the Railway Labor Act (RLA), and the Labor Management Relations Act (LMRA). These laws enable unions to represent employees collectively, as in collective bargaining (labor negotiations) and grievance processes. The NLRA, administered by the National Labor Relations Board (NLRB), requires fair and good faith negotiations between employers and unions and prohibits employer discrimination, interference with union activities, refusal to bargain, and retaliation against employees. Certain employees, such as executives, managers, and those in specific industries like transportation, are excluded from NLRA protections. The RLA covers transportation employees. Unions, regulated by the LMRA (or Taft-Hartley Act), must avoid unfair practices, such as punishing members for exercising their rights, influencing employer discrimination based on union membership, refusing to bargain, and charging excessive fees. Complaints against unions or employers for NLRA violations can be filed with the NLRB or in federal court. For union misrepresentation cases, the filing period is typically six months after the internal grievance procedure is exhausted, making prompt legal consultation crucial. Minimum Wage and Overtime Law The Fair Labor Standards Act (FLSA) establishes a minimum wage to protect workers from unfairly low pay. However, certain workers, like farm workers, seasonal workers, casual babysitters, and student workers in specific situations, may be exempt from receiving the federal minimum wage. Contractors and subcontractors providing services to the federal government are entitled to a higher (sometimes called a “prevailing”) minimum wage. New York State (NYS) and New York City (NYC) have higher minimum wages than federal law. NYC has the highest minimum wage, followed by Westchester, Suffolk, and Nassau Counties, with the remainder of NYS having a slightly lower minimum wage. For tipped workers in the hospitality industry, the combination of their cash wage and tips must at least equal the respective minimum wage in their region. In the fast-food industry, there is no tip credit, and the minimum wage is uniform for all workers. Service employees at resort hotels and all-year restaurants have specific minimum wages that include a combination of cash wage and tip credit, provided they meet certain tip thresholds. Employees in NY are also entitled to meal breaks, with specific durations and times based on their industry and work shift. Employers must pay for all hours worked, including “off-the-clock” work, meal or rest breaks an employee worked through, training that an employee is required to complete, certain travel time, and waiting time spent on the employer’s premises. Violations of wage and hour laws include not paying the minimum wage, not properly classifying employees, not paying overtime to those who qualify, or not compensating for every hour worked. Retaliation Retaliation occurs when an employer punishes an employee for exercising legal rights or engaging in lawful activities. Federal, New York State, and New York City laws prohibit retaliation against employees for: Reporting or filing discrimination or sexual harassment claims Participating in an investigation or lawsuit related to such claims, even if the employer is found not at fault Reporting illegal activities by the employer Retaliation can manifest in various employment aspects, such as hiring, firing, layoffs, pay, benefits, job assignments, promotions, training, or any other term or condition of employment. While sometimes obvious, retaliation can also be subtle and may not be immediately noticeable. Examples of retaliation include: Being fired soon after reporting unpaid overtime violations Gradually receiving fewer hours, reduced duties, and no promotions after cooperating in a wage investigation Receiving demotions for reporting sexual harassment by a co-worker Being the only employee denied a raise after taking legally protected leave to care for a sick relative Being transferred to an undesirable shift without explanation after testifying in a discrimination lawsuit Unemployment Insurance Benefits Unemployment insurance in New York is administered by the New York State Department of Labor (NYSDOL) and funded by employer taxes. To qualify, you must be out of work for a non-disqualifying reason, with eligibility based on past earnings and the reasons for unemployment. The NYSDOL calculates benefits using your “basic base period” or “alternate base period,” which are based on earnings during specific calendar quarters. Eligibility also requires looking for work and being ready to accept a job if offered. Misconduct, quitting without good cause, or refusing a job can disqualify you. Benefits are determined and communicated via a Monetary Determination from the NYSDOL. If granted, you must request payment weekly and meet ongoing requirements, including job search documentation. Benefits can last up to 26 weeks, with specific maximum and minimum weekly rates. If denied benefits or if the amount is incorrect, you can file a Request for Reconsideration. If further disputed, you can appeal through a hearing before an administrative law judge and, if necessary, take the case to the Unemployment Insurance Appeal Board and the New York State Supreme Court. Whistleblowers A whistleblower is someone, often an employee, who reports unlawful or dangerous activities such as fraud, improper billing, unsafe work conditions, or civil rights violations. Numerous federal and state laws, including the False Claims Act, Sarbanes-Oxley Act, and Whistleblower Protection Act of 1989, protect whistleblowers. New York State also has specific whistleblower laws and protections, including for healthcare workers reporting substandard patient care. Whistleblower cases often involve false claims for government healthcare program reimbursements. If you observe illegal conduct, you should contact a whistleblower attorney before you quit or before you are terminated, if possible. You may be eligible for a whistleblower award. Employers are prohibited from retaliating against lawful whistleblowing, which includes investigating or preventing fraud, reporting misconduct, filing complaints, or assisting government authorities. Retaliation can be overt, like being fired or demoted, or subtle, such as reduced hours and responsibilities. Examples include being fired after reporting environmental violations or facing criticism and threats after reporting accounting irregularities to the SEC. Whistleblowers who prove retaliation in court may be reinstated, receive back pay, and recover other damages. They may also file lawsuits on behalf of themselves and the government in cases of fraud, potentially sharing in any recovery. Workers’ Compensation and Disability Law The New York State Workers’ Compensation Board administers the state’s workers’ compensation law and the state’s disability law (as well as the state’s paid family leave law). Employees who are injured while working may qualify for lost wages and payments for medical care under the workers’ compensation law. Injured employees have certain minimal notice requirements to meet before stating a claim. The state’s disability law applies to those who become disabled as a result of a non-work-related injury. Book a Consultation With a New York City Labor and Employment Attorney Employment law encompasses your rights at work, including hiring, firing, employment contracts, working conditions, wages, and overtime. It also addresses rights for part-time, full-time, independent contractors, tipped employees, and commission-based workers. Additionally, employment law covers illegal discrimination, sexual harassment, and workplace safety. NYC Legal Referral Service Labor and Employment Law Attorneys can assist with a variety of workplace legal issues. They specialize in wrongful termination, discrimination, harassment, wage and hour disputes, and other labor law violations. These attorneys offer guidance, advocacy, and representation to both employees and employers, helping them navigate complex legal regulations to ensure fair treatment and compliance with applicable workplace laws. If you feel your rights have been violated, or you are an employer facing legal compliance issues, reach out to the Legal Referral Service today to get connected to an experienced labor and employment attorney. Legal Editor: Joseph F. Tremiti, April 2025 Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer. Request A Lawyer Back to Top
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[Testimonials](https://www.nycbar.org/get-legal-help/testimonials/ "Testimonials") Search ![New York City Bar - Legal Referral Service Logo](https://www.nycbar.org/get-legal-help/wp-content/themes/lrs/dist/images/LRS-logo.svg) ## Contact Us - English: [212-626-7373](tel:2126267373) - Español: [212-626-7374](tel:2126267374) [lrs@nycbar.org](mailto:lrs@nycbar.org) [New York City Bar Legal Referral Service 42 West 44th Street, New York, NY 10036](http://maps.google.com/maps?q=New%20York%20City%20Bar%20Legal%20Referral%20Service%20%2042%20West%2044th%20Street%20New%20York%20NY%2010036) Monday - Thursday 8:30AM to 5:30PM (Closed from 1:00PM to 2:00PM) Friday 8:30AM to 1:00PM Closed on all national holidays ## Legal Topics - \+ [Employment & Labor Law https://www.nycbar.org/get-legal-help/article/employment-and-labor/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/) - [Age Discrimination https://www.nycbar.org/get-legal-help/article/employment-and-labor/age-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/age-discrimination/) - 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[Severance & Separation Agreements https://www.nycbar.org/get-legal-help/article/employment-and-labor/employment-contracts/severance-separation-agreements/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/employment-contracts/severance-separation-agreements/) - [Employer Issues https://www.nycbar.org/get-legal-help/article/employment-and-labor/employer-issues/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/employer-issues/) - [Ethnic/National Origin Discrimination https://www.nycbar.org/get-legal-help/article/employment-and-labor/ethnicnational-origin-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/ethnicnational-origin-discrimination/) - [Exempt & Non-Exempt Employees https://www.nycbar.org/get-legal-help/article/employment-and-labor/exempt-non-exempt-employees/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/exempt-non-exempt-employees/) - [Fair Chance Act https://www.nycbar.org/get-legal-help/article/employment-and-labor/the-fair-chance-act/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/the-fair-chance-act/) - [Fair Labor Standards Act (FLSA) https://www.nycbar.org/get-legal-help/article/employment-and-labor/fair-labor-standards-act-flsa/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/fair-labor-standards-act-flsa/) - [Family & Medical Leave Act (FMLA) https://www.nycbar.org/get-legal-help/article/employment-and-labor/family-medical-leave-act-fmla/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/family-medical-leave-act-fmla/) - \+ [Gender Discrimination https://www.nycbar.org/get-legal-help/article/employment-and-labor/gender-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/gender-discrimination/) - [Sexual Harassment https://www.nycbar.org/get-legal-help/article/employment-and-labor/gender-discrimination/sexual-harassment/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/gender-discrimination/sexual-harassment/) - [Harassment/Hostile Work Environment https://www.nycbar.org/get-legal-help/article/employment-and-labor/harassmenthostile-work-environment/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/harassmenthostile-work-environment/) - [Independent Contractors https://www.nycbar.org/get-legal-help/article/employment-and-labor/independent-contractors/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/independent-contractors/) - [Labor Unions https://www.nycbar.org/get-legal-help/article/employment-and-labor/labor-unions/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/labor-unions/) - [Minimum Wage https://www.nycbar.org/get-legal-help/article/employment-and-labor/minimum-wage/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/minimum-wage/) - [New York City’s Earned Sick Leave Law https://www.nycbar.org/get-legal-help/article/employment-and-labor/new-york-citys-earned-sick-leave-law/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/new-york-citys-earned-sick-leave-law/) - [Overtime https://www.nycbar.org/get-legal-help/article/employment-and-labor/overtime/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/overtime/) - [Pregnancy Discrimination https://www.nycbar.org/get-legal-help/article/employment-and-labor/pregnancy-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/pregnancy-discrimination/) - [Race Discrimination https://www.nycbar.org/get-legal-help/article/employment-and-labor/race-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/race-discrimination/) - [Retaliation https://www.nycbar.org/get-legal-help/article/employment-and-labor/retaliation/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/retaliation/) - [Securities Industry https://www.nycbar.org/get-legal-help/article/employment-and-labor/securities-industry/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/securities-industry/) - [Sexual Orientation Discrimination https://www.nycbar.org/get-legal-help/article/employment-and-labor/sexual-orientation-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/sexual-orientation-discrimination/) - [Religious Discrimination https://www.nycbar.org/get-legal-help/article/employment-and-labor/religious-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/religious-discrimination/) - \+ [Whistleblowers https://www.nycbar.org/get-legal-help/article/employment-and-labor/whistleblowers/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/whistleblowers/) - [Qui Tam https://www.nycbar.org/get-legal-help/article/employment-and-labor/whistleblowers/qui-tam/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/whistleblowers/qui-tam/) - [Bankruptcy https://www.nycbar.org/get-legal-help/article/bankruptcy/](https://www.nycbar.org/get-legal-help/article/bankruptcy/) - [Business & Corporate Law https://www.nycbar.org/get-legal-help/article/business-and-corporate-law/](https://www.nycbar.org/get-legal-help/article/business-and-corporate-law/) - [Consumer Law https://www.nycbar.org/get-legal-help/article/consumer-law/](https://www.nycbar.org/get-legal-help/article/consumer-law/) - [Criminal Law https://www.nycbar.org/get-legal-help/article/criminal-law/](https://www.nycbar.org/get-legal-help/article/criminal-law/) - [Debts & Debt Collection https://www.nycbar.org/get-legal-help/article/debts-debt-collection/](https://www.nycbar.org/get-legal-help/article/debts-debt-collection/) - [Family Law https://www.nycbar.org/get-legal-help/article/family-law/](https://www.nycbar.org/get-legal-help/article/family-law/) - [Immigration Law https://www.nycbar.org/get-legal-help/article/immigration-law/](https://www.nycbar.org/get-legal-help/article/immigration-law/) - [Information About Lawyers https://www.nycbar.org/get-legal-help/article/information-about-lawyers/](https://www.nycbar.org/get-legal-help/article/information-about-lawyers/) - [Insurance Law https://www.nycbar.org/get-legal-help/article/insurance-law/](https://www.nycbar.org/get-legal-help/article/insurance-law/) - [Intellectual Property https://www.nycbar.org/get-legal-help/article/intellectual-property/](https://www.nycbar.org/get-legal-help/article/intellectual-property/) - [Landlord–Tenant https://www.nycbar.org/get-legal-help/article/landlord-tenant/](https://www.nycbar.org/get-legal-help/article/landlord-tenant/) - [Malpractice https://www.nycbar.org/get-legal-help/article/malpractice/](https://www.nycbar.org/get-legal-help/article/malpractice/) - [Personal Injury & Accidents https://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/](https://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/) - [Public Benefits https://www.nycbar.org/get-legal-help/article/public-benefits/](https://www.nycbar.org/get-legal-help/article/public-benefits/) - [Real Property Law https://www.nycbar.org/get-legal-help/article/real-property-law/](https://www.nycbar.org/get-legal-help/article/real-property-law/) - [Wills, Trusts & Estates https://www.nycbar.org/get-legal-help/article/wills-trusts-and-elder-law/](https://www.nycbar.org/get-legal-help/article/wills-trusts-and-elder-law/) - [Workers’ Compensation https://www.nycbar.org/get-legal-help/article/workers-comp/](https://www.nycbar.org/get-legal-help/article/workers-comp/) Employment & Labor Law # New York City Labor and Employment Attorneys New York State and New York City labor laws protect workers and establish fair treatment in the workplace. These laws cover many aspects of employment, including: - Pay: Employees are entitled to lawful pay for their work, including minimum wage and overtime, and are entitled to be classified properly. Employers must pay employees at least weekly, twice a month, or monthly, depending on how they are classified, and may only deduct from employee wages in certain instances. - Benefits: New York laws also cover certain employee benefits, such as health care continuation coverage and mandated disability benefits. - Time off: Employees are entitled to safe and sick leave as well as paid family leave and paid leave for prenatal appointments during pregnancy. - Safety: Employees are entitled to a safe work environment, and employers are responsible for providing infectious disease exposure prevention plans. Employees may have the right to create a workplace safety committee, and warehouse workers in certain distribution centers are entitled to protection. - Discrimination: New York law prohibits discrimination against employees based on a variety of protected classes, including race, color, national origin, age, sex, sexual orientation, disability, and more. Retaliation is prohibited against employees for exercising their protected rights. ## What Does Labor and Employment Law Entail? Employment law deals with the rights you have at your job. Employment law covers hiring, firing, employment contracts, working terms and conditions, wages and overtime—including your rights if you work part-time, full-time, as an independent contractor, tipped employee, or if you are working for commissions. Employment law also covers all forms of illegal discrimination, sexual harassment, and issues relating to your safety at work. ## What Our NYC Labor and Employment Law Attorneys Can Help You With Our New York labor and employment law attorneys specialize in addressing a wide range of legal matters related to the workplace. They can assist with issues such as wrongful termination, discrimination, harassment, wage and hour disputes, and violations of labor laws. These attorneys provide guidance, advocacy, and representation to both employees and employers, helping them to navigate complex legal regulations and ensure compliance with applicable laws and workplace regulations. ### Employment Discrimination Employment discrimination law in New York focuses on protecting individuals from unfair treatment and discriminatory practices in the workplace based on protected characteristics such as race, gender, age, disability, religion, national origin, sexual orientation, and more. This area of law encompasses a wide range of actions, including hiring, firing, promotions, pay, benefits, and job assignments. New York state and federal laws, including the New York State Human Rights Law and Title VII of the Civil Rights Act of 1964, provide protection against discrimination and harassment in employment. Attorneys specializing in employment discrimination law in New York work to ensure that employees’ rights are upheld and provide legal representation to individuals who have experienced discrimination, harassment, or retaliation in the workplace. They help clients navigate the complex legal process, file complaints with the appropriate agencies, and pursue legal action to seek remedies such as compensation, reinstatement, and injunctive relief to stop discriminatory practices. Employment discrimination law in New York State and New York City can cover the following areas: - [Age Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/age-discrimination/) - Arrest and Conviction Record (including those under seal) - [Disability Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/disability-discrimination/) - Domestic Violence Victimization - [Ethnic/National Origin Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/ethnicnational-origin-discrimination/) - [Gender Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/gender-discrimination/) - Gender Identity and Expression - Immigration Status - Marital and Familial Status - Military Status - [Pregnancy Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/pregnancy-discrimination/) - [Race Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/race-discrimination/) - [Religious Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/religious-discrimination/) - Reproductive Health - [Sexual Orientation Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/sexual-orientation-discrimination/) ### Employment Classification Determining your employment status is crucial as different legal protections apply to various categories of workers. One key distinction is between employees and independent contractors. Independent contractors have fewer legal rights and responsibilities compared to employees, as they are self-employed and negotiate their terms of work directly with the employer. They are responsible for their own taxes and do not receive benefits like paid leave or workers’ compensation. Factors such as control over work style, scheduling, use of subcontractors, negotiation of job duties and obligations, and ownership of tools can help determine if someone is an independent contractor rather than an employee. Another important distinction lies between at-will employees and contractual employees. At-will employees can be terminated at any time for any reason, but not for an unlawful or discriminatory reason, while contractual employees work under negotiated agreements that specify terms of employment such as salary, duration, and reasons for termination. Under state law, if an independent contractor is providing services worth \$800 or more, they must have a written agreement in place that outlines the scope of work, payment terms, and deadlines. Additionally, union members are governed by union agreements that dictate terms of employment, including wages, benefits, and disciplinary procedures, while civil service employees working for the government have rights outlined by the New York Civil Service Law, including provisions for promotion, transfer, and termination. Finally, [employment classification](https://www.nycbar.org/get-legal-help/article/employment-and-labor/employment-classification/) or status, if exercised properly, will determine whether you have legal rights to overtime after 40 hours of work in a workweek. ### Employment Contracts If you are an executive, professional, or employee with special skills, you likely have an [employment contract](https://www.nycbar.org/get-legal-help/article/employment-and-labor/employment-contracts/). Typically, an employment contract is a written agreement which outlines the rights and responsibilities that you and your employer have under the agreement, including the details of your salary and compensation package, benefits, employment duration, and conditions for termination. It is a formal document signed by both parties, ensuring that various aspects of your employment are clear. While many employees desire an employment contract, there are drawbacks to consider. These contracts can bind you to a company for a specified time period and/or salary and compensation package, making it challenging to leave for a new job or negotiate higher pay. Termination clauses may favor the employer, allowing them to dismiss you at their discretion or for any contract violation. Additionally, post-employment restrictions like non-compete or non-solicitation clauses can limit your career options. Dispute resolution terms often require arbitration in the employer’s state, complicating legal actions against the employer, especially if the employee seeks to have their employment dispute decided by a jury. ### Employer Issues If you own a business in New York and have employees, it’s crucial to understand various federal, state, and municipal laws. These laws govern how you pay wages, prevent discrimination and harassment, maintain a safe workplace, and manage your workforce. If you have specific agreements with employees or are part of a union contract or collective bargaining agreement, you may have additional obligations outlined in those agreements. There are several broad categories of employment-related laws to consider: contract law, anti-discrimination laws, wage and hour laws under the [Fair Labor Standards Act (FLSA)](https://www.nycbar.org/get-legal-help/article/employment-and-labor/fair-labor-standards-act-flsa/) and New York Labor Law (NYLL), the [Family and Medical Leave Act (FMLA)](https://www.nycbar.org/get-legal-help/article/employment-and-labor/family-medical-leave-act-fmla/), sick and safe leave laws under the New York State and City safe and sick leave laws, the New York State Paid Family Leave Act, and the Occupational Safety and Health Act (OSHA). Contract law governs the rights and responsibilities in any agreements between you and your employees. In New York, unless an employment contract specifies otherwise, employees are considered “at-will,” meaning either party can end the employment relationship at any time, for any reason, as long as it isn’t for an illegal reason (e.g., discrimination). Anti-discrimination laws at federal, state, and city levels prohibit workplace discrimination based on race, ethnicity, national origin, religion, gender, disability, pregnancy, and age, with New York State and City also barring discrimination based on sexual orientation and gender identity. The FLSA and NYLL set standards for wages, overtime pay, and recordkeeping, with specific rules for proper classification of exempt and non-exempt employees. The FMLA applies to businesses with 50 or more employees, allowing eligible employees to take up to 12 weeks of unpaid leave for serious health conditions or family needs while maintaining health coverage and job security, whereas the New York State Paid Family Leave law provides pay for employees needing such leave. The New York State and City safe and sick leave laws permit accrual of up to 56 hours of safe and sick leave, with the amount of paid leave dependent on the employer’s number of employees and its income. Private sector employers in New York must also provide eligible employees up to 20 hours of paid leave during a 52-week period for the purpose of attending prenatal appointments or medical appointments related to an employee’s pregnancy. Finally, OSHA mandates that employers provide a workplace free from recognized hazards, ensuring the safety and health of all employees. New York recognizes the right of employees to form safety committees, affords airborne disease protection with prevention plans, and protects warehouse workers in certain distribution centers. Certain retail employers must publish a workplace violence prevention policy. New York employers must be mindful of all state and city record-keeping and posting requirements, to keep their businesses compliant. All postings in New York must be available in electronic format to all employees, remote or otherwise. New York employers across the state must be aware that it is unlawful to inquire about an applicant’s salary history. Once an employee is hired, New York employers must have the employee sign a Notice of Pay Rate under the Wage Theft and Prevention Act. At termination, New York employers must provide a written notice of termination to the affected employee. ### Harassment and Hostile Work Environment [Harassment and hostile work environments](https://www.nycbar.org/get-legal-help/article/employment-and-labor/harassmenthostile-work-environment/) are significant legal issues. Harassment involves unwelcome and/or egregious behavior based on race, gender, religion, or other protected characteristics that create an intimidating, hostile, or offensive work environment. This includes sexual harassment, which can involve unwanted advances, requests for favors, and other verbal or physical conduct. To be considered a hostile work environment, the behavior must be pervasive or severe enough to affect the victim’s employment conditions. Employers are legally obligated to prevent and address harassment. Victims can report incidents to their employer, file a complaint with the Equal Employment Opportunity Commission (EEOC), the New York State or City Human Rights Commissions, or take legal action. New York City provides additional protections under the New York City Human Rights Law, which applies to all employers, regardless of size. This law covers a broader range of discriminatory behaviors and requires employers to take proactive steps to prevent harassment, including the training of their employees. Employees experiencing harassment should document incidents and seek support from human resources or legal professionals. ### Labor Law Related to Commission Pay Under the Fair Labor Standards Act (FLSA), hourly employees must receive at least the minimum wage as well as overtime pay for any hours worked over 40 per week, unless they are exempt. Employees of retail or service establishments who receive [commissions](https://www.nycbar.org/get-legal-help/article/employment-and-labor/commissions/) can be considered exempt if they earn more than 1.5 times the minimum wage and more than half their pay in a representative period (of no less than one month) is made up of commissions they received from selling goods or services. Certain brokers and outside salespeople are exempt from minimum wage and [overtime rules](https://www.nycbar.org/get-legal-help/article/employment-and-labor/overtime/). New York Labor Law mandates written agreements for commissioned salespeople, including [independent contractors](https://www.nycbar.org/get-legal-help/article/employment-and-labor/independent-contractors/). In New York, commissions are considered earned at the time specified in the written agreement and earned commissions are protected by NYLL wage laws. Employers can only deduct from wages (earned commissions) if legally permitted. Keeping records of earned commissions is crucial, especially before leaving a job. If not specified otherwise, draws against commissions are not repayable after employment ends. ### Labor Unions [Labor unions](https://www.nycbar.org/get-legal-help/article/employment-and-labor/labor-unions/) are primarily governed by federal laws like the National Labor Relations Act (NLRA), the Railway Labor Act (RLA), and the Labor Management Relations Act (LMRA). These laws enable unions to represent employees collectively, as in collective bargaining (labor negotiations) and grievance processes. The NLRA, administered by the National Labor Relations Board (NLRB), requires fair and good faith negotiations between employers and unions and prohibits employer discrimination, interference with union activities, refusal to bargain, and retaliation against employees. Certain employees, such as executives, managers, and those in specific industries like transportation, are excluded from NLRA protections. The RLA covers transportation employees. Unions, regulated by the LMRA (or Taft-Hartley Act), must avoid unfair practices, such as punishing members for exercising their rights, influencing employer discrimination based on union membership, refusing to bargain, and charging excessive fees. Complaints against unions or employers for NLRA violations can be filed with the NLRB or in federal court. For union misrepresentation cases, the filing period is typically six months after the internal grievance procedure is exhausted, making prompt legal consultation crucial. ### Minimum Wage and Overtime Law The Fair Labor Standards Act (FLSA) establishes a [minimum wage](https://www.nycbar.org/get-legal-help/article/employment-and-labor/minimum-wage/) to protect workers from unfairly low pay. However, certain workers, like farm workers, seasonal workers, casual babysitters, and student workers in specific situations, may be exempt from receiving the federal minimum wage. Contractors and subcontractors providing services to the federal government are entitled to a higher (sometimes called a “prevailing”) minimum wage. New York State (NYS) and New York City (NYC) have higher minimum wages than federal law. NYC has the highest minimum wage, followed by Westchester, Suffolk, and Nassau Counties, with the remainder of NYS having a slightly lower minimum wage. For tipped workers in the hospitality industry, the combination of their cash wage and tips must at least equal the respective minimum wage in their region. In the fast-food industry, there is no tip credit, and the minimum wage is uniform for all workers. Service employees at resort hotels and all-year restaurants have specific minimum wages that include a combination of cash wage and tip credit, provided they meet certain tip thresholds. Employees in NY are also entitled to meal breaks, with specific durations and times based on their industry and work shift. Employers must pay for all hours worked, including “off-the-clock” work, meal or rest breaks an employee worked through, training that an employee is required to complete, certain travel time, and waiting time spent on the employer’s premises. Violations of wage and hour laws include not paying the minimum wage, not properly classifying employees, not paying overtime to those who qualify, or not compensating for every hour worked. ### Retaliation [Retaliation](https://www.nycbar.org/get-legal-help/article/employment-and-labor/retaliation/) occurs when an employer punishes an employee for exercising legal rights or engaging in lawful activities. Federal, New York State, and New York City laws prohibit retaliation against employees for: - Reporting or filing discrimination or sexual harassment claims - Participating in an investigation or lawsuit related to such claims, even if the employer is found not at fault - Reporting illegal activities by the employer Retaliation can manifest in various employment aspects, such as hiring, firing, layoffs, pay, benefits, job assignments, promotions, training, or any other term or condition of employment. While sometimes obvious, retaliation can also be subtle and may not be immediately noticeable. Examples of retaliation include: - Being fired soon after reporting unpaid overtime violations - Gradually receiving fewer hours, reduced duties, and no promotions after cooperating in a wage investigation - Receiving demotions for reporting sexual harassment by a co-worker - Being the only employee denied a raise after taking legally protected leave to care for a sick relative - Being transferred to an undesirable shift without explanation after testifying in a discrimination lawsuit ### Unemployment Insurance Benefits Unemployment insurance in New York is administered by the New York State Department of Labor (NYSDOL) and funded by employer taxes. To qualify, you must be out of work for a non-disqualifying reason, with eligibility based on past earnings and the reasons for unemployment. The NYSDOL calculates benefits using your “basic base period” or “alternate base period,” which are based on earnings during specific calendar quarters. Eligibility also requires looking for work and being ready to accept a job if offered. Misconduct, quitting without good cause, or refusing a job can disqualify you. Benefits are determined and communicated via a Monetary Determination from the NYSDOL. If granted, you must request payment weekly and meet ongoing requirements, including job search documentation. Benefits can last up to 26 weeks, with specific maximum and minimum weekly rates. If denied benefits or if the amount is incorrect, you can file a Request for Reconsideration. If further disputed, you can appeal through a hearing before an administrative law judge and, if necessary, take the case to the Unemployment Insurance Appeal Board and the New York State Supreme Court. ### Whistleblowers A [whistleblower](https://www.nycbar.org/get-legal-help/article/employment-and-labor/whistleblowers/) is someone, often an employee, who reports unlawful or dangerous activities such as fraud, improper billing, unsafe work conditions, or civil rights violations. Numerous federal and state laws, including the False Claims Act, Sarbanes-Oxley Act, and Whistleblower Protection Act of 1989, protect whistleblowers. New York State also has specific whistleblower laws and protections, including for healthcare workers reporting substandard patient care. Whistleblower cases often involve false claims for government healthcare program reimbursements. If you observe illegal conduct, you should contact a whistleblower attorney before you quit or before you are terminated, if possible. You may be eligible for a whistleblower award. Employers are prohibited from retaliating against lawful whistleblowing, which includes investigating or preventing fraud, reporting misconduct, filing complaints, or assisting government authorities. Retaliation can be overt, like being fired or demoted, or subtle, such as reduced hours and responsibilities. Examples include being fired after reporting environmental violations or facing criticism and threats after reporting accounting irregularities to the SEC. Whistleblowers who prove retaliation in court may be reinstated, receive back pay, and recover other damages. They may also file lawsuits on behalf of themselves and the government in cases of fraud, potentially sharing in any recovery. ### Workers’ Compensation and Disability Law The New York State Workers’ Compensation Board administers the state’s workers’ compensation law and the state’s disability law (as well as the state’s paid family leave law). Employees who are injured while working may qualify for lost wages and payments for medical care under the workers’ compensation law. Injured employees have certain minimal notice requirements to meet before stating a claim. The state’s disability law applies to those who become disabled as a result of a non-work-related injury. ## Book a Consultation With a New York City Labor and Employment Attorney Employment law encompasses your rights at work, including hiring, firing, employment contracts, working conditions, wages, and overtime. It also addresses rights for part-time, full-time, independent contractors, tipped employees, and commission-based workers. Additionally, employment law covers illegal discrimination, sexual harassment, and workplace safety. NYC Legal Referral Service Labor and Employment Law Attorneys can assist with a variety of workplace legal issues. They specialize in wrongful termination, discrimination, harassment, wage and hour disputes, and other labor law violations. These attorneys offer guidance, advocacy, and representation to both employees and employers, helping them navigate complex legal regulations to ensure fair treatment and compliance with applicable workplace laws. If you feel your rights have been violated, or you are an employer facing legal compliance issues, [reach out](https://www.nycbar.org/get-legal-help/our-services/request-a-lawyer/) to the Legal Referral Service today to get connected to an experienced labor and employment attorney. Legal Editor: Joseph F. Tremiti, April 2025 Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer. [Request A Lawyer](https://www.nycbar.org/get-legal-help/our-services/request-a-lawyer/) [Back to Top](https://www.nycbar.org/get-legal-help/article/employment-and-labor/) ## All Employment & Labor Law Topics - [Age Discriminationhttps://www.nycbar.org/get-legal-help/article/employment-and-labor/age-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/age-discrimination/) - [Commissionshttps://www.nycbar.org/get-legal-help/article/employment-and-labor/commissions/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/commissions/) - [Disability Discriminationhttps://www.nycbar.org/get-legal-help/article/employment-and-labor/disability-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/disability-discrimination/) - [Employer Issueshttps://www.nycbar.org/get-legal-help/article/employment-and-labor/employer-issues/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/employer-issues/) - [Employment Classificationhttps://www.nycbar.org/get-legal-help/article/employment-and-labor/employment-classification/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/employment-classification/) - [Employment Contractshttps://www.nycbar.org/get-legal-help/article/employment-and-labor/employment-contracts/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/employment-contracts/) - [Ethnic/National Origin Discriminationhttps://www.nycbar.org/get-legal-help/article/employment-and-labor/ethnicnational-origin-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/ethnicnational-origin-discrimination/) - [Exempt & Non-Exempt Employeeshttps://www.nycbar.org/get-legal-help/article/employment-and-labor/exempt-non-exempt-employees/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/exempt-non-exempt-employees/) - [Fair Chance Acthttps://www.nycbar.org/get-legal-help/article/employment-and-labor/the-fair-chance-act/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/the-fair-chance-act/) - [Fair Labor Standards Act (FLSA)https://www.nycbar.org/get-legal-help/article/employment-and-labor/fair-labor-standards-act-flsa/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/fair-labor-standards-act-flsa/) - [Family & Medical Leave Act (FMLA)https://www.nycbar.org/get-legal-help/article/employment-and-labor/family-medical-leave-act-fmla/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/family-medical-leave-act-fmla/) - [Gender Discriminationhttps://www.nycbar.org/get-legal-help/article/employment-and-labor/gender-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/gender-discrimination/) - [Harassment/Hostile Work Environmenthttps://www.nycbar.org/get-legal-help/article/employment-and-labor/harassmenthostile-work-environment/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/harassmenthostile-work-environment/) - [Independent Contractorshttps://www.nycbar.org/get-legal-help/article/employment-and-labor/independent-contractors/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/independent-contractors/) - [Labor Unionshttps://www.nycbar.org/get-legal-help/article/employment-and-labor/labor-unions/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/labor-unions/) - [Minimum Wagehttps://www.nycbar.org/get-legal-help/article/employment-and-labor/minimum-wage/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/minimum-wage/) - [New York City’s Earned Sick Leave Lawhttps://www.nycbar.org/get-legal-help/article/employment-and-labor/new-york-citys-earned-sick-leave-law/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/new-york-citys-earned-sick-leave-law/) - [Overtimehttps://www.nycbar.org/get-legal-help/article/employment-and-labor/overtime/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/overtime/) - [Pregnancy Discriminationhttps://www.nycbar.org/get-legal-help/article/employment-and-labor/pregnancy-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/pregnancy-discrimination/) - [Race Discriminationhttps://www.nycbar.org/get-legal-help/article/employment-and-labor/race-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/race-discrimination/) - [Religious Discriminationhttps://www.nycbar.org/get-legal-help/article/employment-and-labor/religious-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/religious-discrimination/) - [Retaliationhttps://www.nycbar.org/get-legal-help/article/employment-and-labor/retaliation/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/retaliation/) - [Securities Industryhttps://www.nycbar.org/get-legal-help/article/employment-and-labor/securities-industry/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/securities-industry/) - [Sexual Orientation Discriminationhttps://www.nycbar.org/get-legal-help/article/employment-and-labor/sexual-orientation-discrimination/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/sexual-orientation-discrimination/) - [Whistleblowershttps://www.nycbar.org/get-legal-help/article/employment-and-labor/whistleblowers/](https://www.nycbar.org/get-legal-help/article/employment-and-labor/whistleblowers/) [See All Legal Topics](https://www.nycbar.org/get-legal-help/legal-topics/) If you are referred to a screened and qualified participating LRS Lawyer, your initial consultation will be \$35 or free, depending on the type of case, and will last up to 30 minutes. 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Readable Markdown	New York State and New York City labor laws protect workers and establish fair treatment in the workplace. These laws cover many aspects of employment, including: - Pay: Employees are entitled to lawful pay for their work, including minimum wage and overtime, and are entitled to be classified properly. Employers must pay employees at least weekly, twice a month, or monthly, depending on how they are classified, and may only deduct from employee wages in certain instances. - Benefits: New York laws also cover certain employee benefits, such as health care continuation coverage and mandated disability benefits. - Time off: Employees are entitled to safe and sick leave as well as paid family leave and paid leave for prenatal appointments during pregnancy. - Safety: Employees are entitled to a safe work environment, and employers are responsible for providing infectious disease exposure prevention plans. Employees may have the right to create a workplace safety committee, and warehouse workers in certain distribution centers are entitled to protection. - Discrimination: New York law prohibits discrimination against employees based on a variety of protected classes, including race, color, national origin, age, sex, sexual orientation, disability, and more. Retaliation is prohibited against employees for exercising their protected rights. ## What Does Labor and Employment Law Entail? Employment law deals with the rights you have at your job. Employment law covers hiring, firing, employment contracts, working terms and conditions, wages and overtime—including your rights if you work part-time, full-time, as an independent contractor, tipped employee, or if you are working for commissions. Employment law also covers all forms of illegal discrimination, sexual harassment, and issues relating to your safety at work. ## What Our NYC Labor and Employment Law Attorneys Can Help You With Our New York labor and employment law attorneys specialize in addressing a wide range of legal matters related to the workplace. They can assist with issues such as wrongful termination, discrimination, harassment, wage and hour disputes, and violations of labor laws. These attorneys provide guidance, advocacy, and representation to both employees and employers, helping them to navigate complex legal regulations and ensure compliance with applicable laws and workplace regulations. ### Employment Discrimination Employment discrimination law in New York focuses on protecting individuals from unfair treatment and discriminatory practices in the workplace based on protected characteristics such as race, gender, age, disability, religion, national origin, sexual orientation, and more. This area of law encompasses a wide range of actions, including hiring, firing, promotions, pay, benefits, and job assignments. New York state and federal laws, including the New York State Human Rights Law and Title VII of the Civil Rights Act of 1964, provide protection against discrimination and harassment in employment. Attorneys specializing in employment discrimination law in New York work to ensure that employees’ rights are upheld and provide legal representation to individuals who have experienced discrimination, harassment, or retaliation in the workplace. They help clients navigate the complex legal process, file complaints with the appropriate agencies, and pursue legal action to seek remedies such as compensation, reinstatement, and injunctive relief to stop discriminatory practices. Employment discrimination law in New York State and New York City can cover the following areas: - [Age Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/age-discrimination/) - Arrest and Conviction Record (including those under seal) - [Disability Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/disability-discrimination/) - Domestic Violence Victimization - [Ethnic/National Origin Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/ethnicnational-origin-discrimination/) - [Gender Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/gender-discrimination/) - Gender Identity and Expression - Immigration Status - Marital and Familial Status - Military Status - [Pregnancy Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/pregnancy-discrimination/) - [Race Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/race-discrimination/) - [Religious Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/religious-discrimination/) - Reproductive Health - [Sexual Orientation Discrimination](https://www.nycbar.org/get-legal-help/article/employment-and-labor/sexual-orientation-discrimination/) ### Employment Classification Determining your employment status is crucial as different legal protections apply to various categories of workers. One key distinction is between employees and independent contractors. Independent contractors have fewer legal rights and responsibilities compared to employees, as they are self-employed and negotiate their terms of work directly with the employer. They are responsible for their own taxes and do not receive benefits like paid leave or workers’ compensation. Factors such as control over work style, scheduling, use of subcontractors, negotiation of job duties and obligations, and ownership of tools can help determine if someone is an independent contractor rather than an employee. Another important distinction lies between at-will employees and contractual employees. At-will employees can be terminated at any time for any reason, but not for an unlawful or discriminatory reason, while contractual employees work under negotiated agreements that specify terms of employment such as salary, duration, and reasons for termination. Under state law, if an independent contractor is providing services worth \$800 or more, they must have a written agreement in place that outlines the scope of work, payment terms, and deadlines. Additionally, union members are governed by union agreements that dictate terms of employment, including wages, benefits, and disciplinary procedures, while civil service employees working for the government have rights outlined by the New York Civil Service Law, including provisions for promotion, transfer, and termination. Finally, [employment classification](https://www.nycbar.org/get-legal-help/article/employment-and-labor/employment-classification/) or status, if exercised properly, will determine whether you have legal rights to overtime after 40 hours of work in a workweek. ### Employment Contracts If you are an executive, professional, or employee with special skills, you likely have an [employment contract](https://www.nycbar.org/get-legal-help/article/employment-and-labor/employment-contracts/). Typically, an employment contract is a written agreement which outlines the rights and responsibilities that you and your employer have under the agreement, including the details of your salary and compensation package, benefits, employment duration, and conditions for termination. It is a formal document signed by both parties, ensuring that various aspects of your employment are clear. While many employees desire an employment contract, there are drawbacks to consider. These contracts can bind you to a company for a specified time period and/or salary and compensation package, making it challenging to leave for a new job or negotiate higher pay. Termination clauses may favor the employer, allowing them to dismiss you at their discretion or for any contract violation. Additionally, post-employment restrictions like non-compete or non-solicitation clauses can limit your career options. Dispute resolution terms often require arbitration in the employer’s state, complicating legal actions against the employer, especially if the employee seeks to have their employment dispute decided by a jury. ### Employer Issues If you own a business in New York and have employees, it’s crucial to understand various federal, state, and municipal laws. These laws govern how you pay wages, prevent discrimination and harassment, maintain a safe workplace, and manage your workforce. If you have specific agreements with employees or are part of a union contract or collective bargaining agreement, you may have additional obligations outlined in those agreements. There are several broad categories of employment-related laws to consider: contract law, anti-discrimination laws, wage and hour laws under the [Fair Labor Standards Act (FLSA)](https://www.nycbar.org/get-legal-help/article/employment-and-labor/fair-labor-standards-act-flsa/) and New York Labor Law (NYLL), the [Family and Medical Leave Act (FMLA)](https://www.nycbar.org/get-legal-help/article/employment-and-labor/family-medical-leave-act-fmla/), sick and safe leave laws under the New York State and City safe and sick leave laws, the New York State Paid Family Leave Act, and the Occupational Safety and Health Act (OSHA). Contract law governs the rights and responsibilities in any agreements between you and your employees. In New York, unless an employment contract specifies otherwise, employees are considered “at-will,” meaning either party can end the employment relationship at any time, for any reason, as long as it isn’t for an illegal reason (e.g., discrimination). Anti-discrimination laws at federal, state, and city levels prohibit workplace discrimination based on race, ethnicity, national origin, religion, gender, disability, pregnancy, and age, with New York State and City also barring discrimination based on sexual orientation and gender identity. The FLSA and NYLL set standards for wages, overtime pay, and recordkeeping, with specific rules for proper classification of exempt and non-exempt employees. The FMLA applies to businesses with 50 or more employees, allowing eligible employees to take up to 12 weeks of unpaid leave for serious health conditions or family needs while maintaining health coverage and job security, whereas the New York State Paid Family Leave law provides pay for employees needing such leave. The New York State and City safe and sick leave laws permit accrual of up to 56 hours of safe and sick leave, with the amount of paid leave dependent on the employer’s number of employees and its income. Private sector employers in New York must also provide eligible employees up to 20 hours of paid leave during a 52-week period for the purpose of attending prenatal appointments or medical appointments related to an employee’s pregnancy. Finally, OSHA mandates that employers provide a workplace free from recognized hazards, ensuring the safety and health of all employees. New York recognizes the right of employees to form safety committees, affords airborne disease protection with prevention plans, and protects warehouse workers in certain distribution centers. Certain retail employers must publish a workplace violence prevention policy. New York employers must be mindful of all state and city record-keeping and posting requirements, to keep their businesses compliant. All postings in New York must be available in electronic format to all employees, remote or otherwise. New York employers across the state must be aware that it is unlawful to inquire about an applicant’s salary history. Once an employee is hired, New York employers must have the employee sign a Notice of Pay Rate under the Wage Theft and Prevention Act. At termination, New York employers must provide a written notice of termination to the affected employee. ### Harassment and Hostile Work Environment [Harassment and hostile work environments](https://www.nycbar.org/get-legal-help/article/employment-and-labor/harassmenthostile-work-environment/) are significant legal issues. Harassment involves unwelcome and/or egregious behavior based on race, gender, religion, or other protected characteristics that create an intimidating, hostile, or offensive work environment. This includes sexual harassment, which can involve unwanted advances, requests for favors, and other verbal or physical conduct. To be considered a hostile work environment, the behavior must be pervasive or severe enough to affect the victim’s employment conditions. Employers are legally obligated to prevent and address harassment. Victims can report incidents to their employer, file a complaint with the Equal Employment Opportunity Commission (EEOC), the New York State or City Human Rights Commissions, or take legal action. New York City provides additional protections under the New York City Human Rights Law, which applies to all employers, regardless of size. This law covers a broader range of discriminatory behaviors and requires employers to take proactive steps to prevent harassment, including the training of their employees. Employees experiencing harassment should document incidents and seek support from human resources or legal professionals. ### Labor Law Related to Commission Pay Under the Fair Labor Standards Act (FLSA), hourly employees must receive at least the minimum wage as well as overtime pay for any hours worked over 40 per week, unless they are exempt. Employees of retail or service establishments who receive [commissions](https://www.nycbar.org/get-legal-help/article/employment-and-labor/commissions/) can be considered exempt if they earn more than 1.5 times the minimum wage and more than half their pay in a representative period (of no less than one month) is made up of commissions they received from selling goods or services. Certain brokers and outside salespeople are exempt from minimum wage and [overtime rules](https://www.nycbar.org/get-legal-help/article/employment-and-labor/overtime/). New York Labor Law mandates written agreements for commissioned salespeople, including [independent contractors](https://www.nycbar.org/get-legal-help/article/employment-and-labor/independent-contractors/). In New York, commissions are considered earned at the time specified in the written agreement and earned commissions are protected by NYLL wage laws. Employers can only deduct from wages (earned commissions) if legally permitted. Keeping records of earned commissions is crucial, especially before leaving a job. If not specified otherwise, draws against commissions are not repayable after employment ends. ### Labor Unions [Labor unions](https://www.nycbar.org/get-legal-help/article/employment-and-labor/labor-unions/) are primarily governed by federal laws like the National Labor Relations Act (NLRA), the Railway Labor Act (RLA), and the Labor Management Relations Act (LMRA). These laws enable unions to represent employees collectively, as in collective bargaining (labor negotiations) and grievance processes. The NLRA, administered by the National Labor Relations Board (NLRB), requires fair and good faith negotiations between employers and unions and prohibits employer discrimination, interference with union activities, refusal to bargain, and retaliation against employees. Certain employees, such as executives, managers, and those in specific industries like transportation, are excluded from NLRA protections. The RLA covers transportation employees. Unions, regulated by the LMRA (or Taft-Hartley Act), must avoid unfair practices, such as punishing members for exercising their rights, influencing employer discrimination based on union membership, refusing to bargain, and charging excessive fees. Complaints against unions or employers for NLRA violations can be filed with the NLRB or in federal court. For union misrepresentation cases, the filing period is typically six months after the internal grievance procedure is exhausted, making prompt legal consultation crucial. ### Minimum Wage and Overtime Law The Fair Labor Standards Act (FLSA) establishes a [minimum wage](https://www.nycbar.org/get-legal-help/article/employment-and-labor/minimum-wage/) to protect workers from unfairly low pay. However, certain workers, like farm workers, seasonal workers, casual babysitters, and student workers in specific situations, may be exempt from receiving the federal minimum wage. Contractors and subcontractors providing services to the federal government are entitled to a higher (sometimes called a “prevailing”) minimum wage. New York State (NYS) and New York City (NYC) have higher minimum wages than federal law. NYC has the highest minimum wage, followed by Westchester, Suffolk, and Nassau Counties, with the remainder of NYS having a slightly lower minimum wage. For tipped workers in the hospitality industry, the combination of their cash wage and tips must at least equal the respective minimum wage in their region. In the fast-food industry, there is no tip credit, and the minimum wage is uniform for all workers. Service employees at resort hotels and all-year restaurants have specific minimum wages that include a combination of cash wage and tip credit, provided they meet certain tip thresholds. Employees in NY are also entitled to meal breaks, with specific durations and times based on their industry and work shift. Employers must pay for all hours worked, including “off-the-clock” work, meal or rest breaks an employee worked through, training that an employee is required to complete, certain travel time, and waiting time spent on the employer’s premises. Violations of wage and hour laws include not paying the minimum wage, not properly classifying employees, not paying overtime to those who qualify, or not compensating for every hour worked. ### Retaliation [Retaliation](https://www.nycbar.org/get-legal-help/article/employment-and-labor/retaliation/) occurs when an employer punishes an employee for exercising legal rights or engaging in lawful activities. Federal, New York State, and New York City laws prohibit retaliation against employees for: - Reporting or filing discrimination or sexual harassment claims - Participating in an investigation or lawsuit related to such claims, even if the employer is found not at fault - Reporting illegal activities by the employer Retaliation can manifest in various employment aspects, such as hiring, firing, layoffs, pay, benefits, job assignments, promotions, training, or any other term or condition of employment. While sometimes obvious, retaliation can also be subtle and may not be immediately noticeable. Examples of retaliation include: - Being fired soon after reporting unpaid overtime violations - Gradually receiving fewer hours, reduced duties, and no promotions after cooperating in a wage investigation - Receiving demotions for reporting sexual harassment by a co-worker - Being the only employee denied a raise after taking legally protected leave to care for a sick relative - Being transferred to an undesirable shift without explanation after testifying in a discrimination lawsuit ### Unemployment Insurance Benefits Unemployment insurance in New York is administered by the New York State Department of Labor (NYSDOL) and funded by employer taxes. To qualify, you must be out of work for a non-disqualifying reason, with eligibility based on past earnings and the reasons for unemployment. The NYSDOL calculates benefits using your “basic base period” or “alternate base period,” which are based on earnings during specific calendar quarters. Eligibility also requires looking for work and being ready to accept a job if offered. Misconduct, quitting without good cause, or refusing a job can disqualify you. Benefits are determined and communicated via a Monetary Determination from the NYSDOL. If granted, you must request payment weekly and meet ongoing requirements, including job search documentation. Benefits can last up to 26 weeks, with specific maximum and minimum weekly rates. If denied benefits or if the amount is incorrect, you can file a Request for Reconsideration. If further disputed, you can appeal through a hearing before an administrative law judge and, if necessary, take the case to the Unemployment Insurance Appeal Board and the New York State Supreme Court. ### Whistleblowers A [whistleblower](https://www.nycbar.org/get-legal-help/article/employment-and-labor/whistleblowers/) is someone, often an employee, who reports unlawful or dangerous activities such as fraud, improper billing, unsafe work conditions, or civil rights violations. Numerous federal and state laws, including the False Claims Act, Sarbanes-Oxley Act, and Whistleblower Protection Act of 1989, protect whistleblowers. New York State also has specific whistleblower laws and protections, including for healthcare workers reporting substandard patient care. Whistleblower cases often involve false claims for government healthcare program reimbursements. If you observe illegal conduct, you should contact a whistleblower attorney before you quit or before you are terminated, if possible. You may be eligible for a whistleblower award. Employers are prohibited from retaliating against lawful whistleblowing, which includes investigating or preventing fraud, reporting misconduct, filing complaints, or assisting government authorities. Retaliation can be overt, like being fired or demoted, or subtle, such as reduced hours and responsibilities. Examples include being fired after reporting environmental violations or facing criticism and threats after reporting accounting irregularities to the SEC. Whistleblowers who prove retaliation in court may be reinstated, receive back pay, and recover other damages. They may also file lawsuits on behalf of themselves and the government in cases of fraud, potentially sharing in any recovery. ### Workers’ Compensation and Disability Law The New York State Workers’ Compensation Board administers the state’s workers’ compensation law and the state’s disability law (as well as the state’s paid family leave law). Employees who are injured while working may qualify for lost wages and payments for medical care under the workers’ compensation law. Injured employees have certain minimal notice requirements to meet before stating a claim. The state’s disability law applies to those who become disabled as a result of a non-work-related injury. ## Book a Consultation With a New York City Labor and Employment Attorney Employment law encompasses your rights at work, including hiring, firing, employment contracts, working conditions, wages, and overtime. It also addresses rights for part-time, full-time, independent contractors, tipped employees, and commission-based workers. Additionally, employment law covers illegal discrimination, sexual harassment, and workplace safety. NYC Legal Referral Service Labor and Employment Law Attorneys can assist with a variety of workplace legal issues. They specialize in wrongful termination, discrimination, harassment, wage and hour disputes, and other labor law violations. These attorneys offer guidance, advocacy, and representation to both employees and employers, helping them navigate complex legal regulations to ensure fair treatment and compliance with applicable workplace laws. If you feel your rights have been violated, or you are an employer facing legal compliance issues, [reach out](https://www.nycbar.org/get-legal-help/our-services/request-a-lawyer/) to the Legal Referral Service today to get connected to an experienced labor and employment attorney. Legal Editor: Joseph F. Tremiti, April 2025 Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer. [Request A Lawyer](https://www.nycbar.org/get-legal-help/our-services/request-a-lawyer/) [Back to Top](https://www.nycbar.org/get-legal-help/article/employment-and-labor/)
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