new york state employment laws

If you’re an employer in New York State, it’s essential to be aware of the employment laws that apply to your business. We will cover some important employment laws in New York, including minimum wage, overtime pay, and family leave. We will also discuss recent changes to these laws so that you can stay up-to-date on the latest regulations.


What’s the minimum wage and overtime rate in New York State?


The minimum wage and overtime laws in New York State aim to protect workers from being exploited by their employers. The regulations require that workers get a minimum hourly wage and be paid overtime for any hours worked over 40 in a week.


Unfortunately, many employers still defy these laws, forcing workers to work long hours for little pay. Having an employer take advantage of you might be a good idea. For more information, contact the New York State Department of Labor. Your hard work deserves fair and adequate compensation.


Are there any special rules for salaried employees in New York State?


There are no special rules for salaried employees in New York State. You should also keep in mind a few things when trying to land a job in the state.


The employer, for example, is required to pay overtime at a rate of one and a half times the employee’s regular pay rate for all hours worked over 40 consecutive days. Salaried employees are not exempt from overtime if they work more than 40 hours a week.


In addition, employers must also withhold income taxes, social security taxes, and Medicare taxes from an employee’s salary. The employer will send these amounts to the appropriate agencies on behalf of the employee.


New York State Employment Discrimination Laws May Offer Protection

It is illegal under New York State and federal law to discriminate against an employee based on certain protected characteristics. If you believe that you have been treated unfairly at work because of your race, color, national origin, sex, pregnancy, sexual orientation, age, disability, genetic information, or religion, you may be a victim of workplace discrimination.


What is Workplace Discrimination?

Discrimination in the workplace can take many forms. It can be overt, like being passed over for a promotion because of your race or gender. It can also be more subtle, like being treated differently than other employees who do not share your protected characteristic. In either case, if you believe that you have been treated unfairly because of a protected characteristic, you may have a claim for workplace discrimination.


What Are the Protected Characteristics Under New York State Law?

Under New York State Human Rights Law, it is unlawful to discriminate against an employee based on their:

– Race

– Color

– National origin

– Sex

– Pregnancy

– Sexual orientation

– Age

– Disability

– Genetic information

– Religion

Additionally, it is also unlawful to retaliate against an employee for reporting discrimination or participating in an employment discrimination proceeding.


What are the laws governing leaves of absence in New York State?


There are no specific laws governing leaves of absence in New York State. However, employers are typically required to provide employees with leave under the federal Family and Medical Leave Act (FMLA). Employees have up to 12 weeks of unpaid leave per year, which they can take for many reasons, including the birth or adoption of a child, illness, caring for a family member, and military service.


Some employers in New York may also offer their own paid or unpaid leaves of absence policies. Employees should confirm with their employers whether their particular policies are paid or unpaid. If an employee is denied leave or feels that they have been treated unfairly by their employer, they may want to consult with an employment lawyer.


How is unemployment insurance calculated in New York State?


Unemployment insurance is calculated in New York State by looking at your average weekly wage over the past 26 weeks. The maximum benefit you can receive per week is $405, and the minimum is $100.


If you were to get laid off tomorrow, you would be able to receive benefits for up to 26 weeks. However, if you find a new job before those 26 weeks are up, your help would stop, and you would have to re-apply if you lose that job in the future.


If you’re self-employed or work on a commission basis, your unemployment insurance will depend on a percentage of your average weekly wage from the previous year.


What are the workers’ compensation requirements in New York State?


The Workers’ Compensation Act in New York State is a mandatory program that ensures employees who get hurt on the job become sick on the job or both. The program resides by the Workers’ Compensation Board, which establishes and enforces the rules and regulations surrounding workers’ compensation. Employers must purchase workers’ compensation insurance from an insurer licensed in New York State.


Employees injured on the job are entitled to receive benefits under the workers’ compensation program. These benefits can include medical expenses, lost wages, and death benefits. In addition, employees may also be eligible for vocational rehabilitation services if they cannot return to their previous job due to their injury or illness.


What other employment-related laws apply to businesses in New York State?


In addition to the usual Employment laws that apply to businesses in all states, firms in New York State are subject to an additional set of rules known as the “New York Labor Law.” The New York Labor Law is a comprehensive set of laws governing employment-related matters in New York State and includes provisions on wages, hours of work, overtime pay, record keeping, and more.


Importantly, the New York Labor Law also provides employees with certain rights and protections not found in the federal Employment law – such as the right to sue for discrimination or sexual harassment. If you’re running a business in New York State, you must familiarize yourself with these laws. 


How to file a wage claim in New York?


In order to file a wage claim in the state of New York, you must first contact the New York Department of Labor. After reviewing your claim, the Department of Labor will determine if you deserve any compensation. If the investigation finds that you owe wages, the Department of Labor will then take action to collect those wages on your behalf. You can find more information on filing a wage claim in New York here:


 Depending on the amount of money you are claiming, you may also want to consult with an attorney. If you have any questions regarding your specific case, please do not hesitate to reach out to us for a free consultation.


What is considered exempt from overtime pay in New York?


In New York, there are a few different categories of exempt employees. These categories rely on various factors, like job duties and salary. 


In some cases, overtime pay is not required because of the nature of the job. For example, if you work in a managerial position or a professional field like law or medicine, you won’t be eligible for overtime pay. 


Other employees are exempt from overtime pay because they earn a certain amount of money. In New York, the current threshold is $675 per week. So if you make more than $675 per week, you aren’t entitled to overtime pay. Finally, some employees may be exempt from overtime pay.



What are the tips for negotiating a raise with your employer in New York?


If you’re looking to negotiate a raise with your employer in New York, here are a few tips to help you get started:


1. Do your research. In order to be competitive, you should know what the market rate is for someone in your position and come to the table prepared with supporting data.


2. Be confident. Conveying confidence (without being cocky) is key in any negotiation. Come into the discussion with good reasons why you deserve a raise and don’t be afraid to ask for what you want.


3. Don’t give up too quickly. If your boss seems hesitant, don’t back down immediately – continue making your case and be persistent (but not annoying). 





As an employer in New York, it’s essential to stay up-to-date on the latest employment laws. The information in this blog post should help you get started. For more detailed information about specific employment laws, check out our resources. Thanks for reading!


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