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Introduction to New York Labor Laws
New York labor laws define rules surrounding employment. If you have specific questions, speak with New York labor lawyers to help you understand your situation.
New York Break Laws
New York break laws exceed the federal minimum.
Breaks During Day
Employees should receive an unpaid, 30-minute break for shifts between 11 a.m. and 2 p.m. or lasting longer than six hours. Breaks must be taken midway.
Hours Allowed to Work in a Day
Employers may ask non-exempt employees to work shifts for up to 12 hours while scheduling enough time for unpaid breaks. Salaried employees may work longer.
Days Worked Without Day Off
Employees must receive a 24-hour break between shifts at least once a week.
Here is more information on New York break laws.
New York Wage and Hour Laws
New York exceeds federal minimums when it comes to wage and hour laws.
Minimum Wage
New York’s minimum wage is $12.50.
Here is a chart that outlines New York’s minimum wage changes.
Overtime Pay
Employers must pay overtime if workweeks exceed 40-hours. Overtime pay is at a rate of one-and-a-half times the regular rate.
Unpaid Wages
Employees must be paid for hours worked. They can claim liquidated damages at a rate of 100% of unpaid wages.
Hours in Day
New York doesn’t impose overtime pay at the daily level. Employers must offer a 4-hour minimum shift.
Here are some FAQs on New York Wages and Hour laws.
New York Child Labor Laws
Children under 14 aren’t permitted to work, with exceptions. Shift, occupation, and hourly limits exist on their employment.
At-Will Employment
New York follows an “at-will” employment system. Employees can resign or face termination without cause.
Here is an article on At-Will Employment.
New York Leave Laws
New York leave laws exceed the federal minimum requirements.
Annual Leave
New York employers don’t have to provide employees with paid or unpaid annual leave.
Bereavement Leave
New York statutes don’t require employers to provide bereavement leave benefits.
Holidays
New York doesn’t require employers to provide paid or unpaid holiday benefits.
Sick Leave
Employers must offer sick leave according to the company’s size. However, employees should receive between 40 and 56 hours of leave every 12 months.
Paid Time Off
Employers can offer PTO as part of a benefits package. If they don’t provide PTO, then sick leave laws apply.
New York Specific Labor Laws
New York specific labor laws include state employee rights and Labor Law 240, also known as the “scaffolding law.” For legal advice about these or any other employment laws, speak with New York employment lawyers.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
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