Whether you are an employee or an employer there are laws that regulate employment in New York. These laws cover the minimum amount of hourly wage an employee can work for, how much you must pay them if they work overtime hours, and how many breaks they should get and if they need to be provided with time to eat a meal.
There is also laws that regulate giving the employee leave to perform jury duty, an opportunity to vote, and even severance pay. Here we’ll take a look at some facts about New York employment laws.
What Is The Minimum Wage In New York City?
As of January 1st, 2019 all businesses that have at least 10 employees or more are required to pay a minimum wage of $15 an hour. This will have an impact on a large segment of workers. It will take some time to fully implement this and employers who have less than 10 employees may not be required to meet this standard. If you feel that you are being underpaid and that your employer is not meeting the new minimum wage then you should contact an attorney to discuss the matter.
Additional Overtime Pay Is Required By Law
Except under very specific conditions, anyone who is required to work over 40 hours in one week is required to be paid time and a half for the hours they work over 40. The only exceptions to this are in situations where this is exempt. In most cases, unless the position has special conditions or a contract that exempts the employer from paying time and a half, then the employee should be getting that extra pay for any hours they work over 40 hours in a week.
An Employee Must Get 24 Consecutive Hours Off Work Every 7 Days
New York employment laws require under most conditions that an employee must have a minimum of 24 consecutive hours off work every calendar week. These include hotels, factories, restaurants, and other similar businesses and industries. If an employee is being forced to work 7 days a week without the opportunity to have at least 24 consecutive hours off, then they should contact an attorney who specializes in employment law.
Mandatory Breaks Are Required Under New York Employment Laws
Anyone who works 6 hours or more is to be given at least 30 minutes break. If they are working during the day then the law requires that they be given at least 30 minutes for lunch and it should be between the hours of 11 a.m. and 2 pm. If the person begins their employment for the day before 11 a.m. and if they work until at least 7 p.m. or later, then they are required an additional 20-minute break between the hours of 5 p.m. and 7 pm. There are some exceptions to these rules and provisions but only under very specific guidelines.
An employer can apply for a shorter meal break. This would only be proved under very specific situations and only if it proved to not put a hardship on the employee. Under most circumstances, a minimum break of 30 minutes is required and not less than 20 minutes under unusual situations.
Are Employers Required To Give Severance Pay?
New York employment laws do not specifically require employers to provide severance pay. Even so, there are employers that offer a severance pay under the provisions of their contracts with particular employees. When an employer offers severance then they are required by law to follow their contract and established policies. If at any point an employer attempts to go against policies that are in place or to break a contract with an employee, then the employee should contact an employment attorney.
Sexual Harassment Or Discrimination
New York employment laws take sexual harassment and discrimination seriously. No person can be inappropriately harassed or discriminated against and if they feel that they have been, then it needs to be reported. No person, regardless of gender, should feel intimidated or have a concern about their position due to an unwillingness to accept advances by superiors.
New York employment laws are in place to protect both employees and employers. The laws are put in place to provide adequate working conditions that promote the well-being of all concerned. Anytime someone believes that the laws are not being complied with they should seek the advice of a qualified attorney.