New York employment law compliance requirements

Eligible employees can take up to 12 weeks of paid family leave at 67% of average weekly wage (up to cap).

N.Y. Workers' Comp. Law Art. 9 · effective Jan 2020

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

New York WARN requires 90-day notice for mass layoffs or plant closings affecting 25+ full-time employees.

N.Y. Lab. Law § 860 et seq. · effective Jan 2020

90 days notice for plant closings and mass layoffs

N.Y. Lab. Law § 860-a · effective Feb 2009

New York requires employers to provide paid or unpaid sick leave depending on employer size and net income. Employers with 5 or more employees, or fewer than 5 employees with a net income of more than $1 million, must provide paid sick leave.

NY Labor Law § 196-b · effective Sep 2020 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

Employers must disclose compensation or range of compensation in job postings.

N.Y. Lab. Law § 194-b · effective Jan 2020

Employers must provide a written wage notice to all employees at the time of hire. The notice must contain specific wage rate details, paydays, and allowances, and must be provided in English and the employee's primary language.

NY Labor Law § 195(1) · effective Apr 2011 · source

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990

New York law dictates when terminated employees must receive their final wages. Employers must pay final wages no later than the regular payday for the pay period in which the termination occurred.

NY Labor Law § 191(3) · effective Dec 2002 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

All New York employers must provide annual interactive sexual harassment prevention training to all employees.

N.Y. Lab. Law § 201-g · effective Jan 2020

Annual interactive harassment prevention training required

N.Y. Lab. Law § 201-g · effective Oct 2019

New York state minimum wage

N.Y. Lab. Law § 652 · effective Jan 2024

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

New York has significantly restricted non-compete agreements. Non-competes are generally disfavored and subject to strict scrutiny.

N.Y. Lab. Law § 191-d (pending) · effective Jan 2020

Employers must disclose pay range in job advertisements

N.Y. Lab. Law § 194-b · effective Sep 2023

New York State law prohibits employers from denying employment based on a criminal conviction unless there is a direct relationship to the job or an unreasonable risk. Employers must evaluate applicants using specific statutory factors before making an adverse decision.

NY Correction Law § 752; NY Executive Law § 296(16) · effective Jan 1977 · source

New York Labor Law requires employers to provide specific meal breaks depending on the industry and shift timing. Employees working a shift of more than six hours that spans the hours of 11:00 AM to 2:00 PM are entitled to at least a 30-minute uninterrupted meal period.

NY Labor Law § 162 · effective Apr 2011 · source

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

New York requires employers to pay an extra hour of pay at the minimum wage rate when an employee's workday spans more than 10 hours. This rule applies to all employees in hospitality and non-exempt employees in other industries whose total daily earnings do not exceed a certain threshold.

12 NYCRR § 142-2.4 · effective Dec 2016 · source