To comply with New York labor laws, businesses should adhere to the following requirements:
1. Wage and Hour Laws
- Minimum Wage: Pay employees at least the state-mandated minimum wage, which varies based on location and industry. Ensure you stay updated on annual adjustments.
- Overtime: Pay 1.5 times the regular pay rate for hours worked beyond 40 in a workweek unless the employee is exempt.
- Frequency of Pay: Follow New York’s specific guidelines for pay frequency (weekly, bi-weekly, etc.) depending on employee classification.
2. Workplace Postings
- Display all required labor law posters in a prominent location, including:
- Minimum Wage Poster
- NY Paid Family Leave Poster
- Workers’ Compensation Notice
- Sexual Harassment Prevention Notice
- Other industry-specific notices
3. Paid Sick Leave
- Provide employees with accrued sick leave based on company size and net income:
- Small businesses (1-4 employees): Up to 40 hours unpaid (paid if net income is $1 million or more).
- Medium businesses (5-99 employees): Up to 40 hours paid.
- Large businesses (100+ employees): Up to 56 hours paid.
4. Paid Family Leave
- Offer paid family leave coverage as part of your disability insurance policy, allowing employees time off for family care or personal situations, with job protection.
5. Sexual Harassment Prevention
- Implement and distribute a written sexual harassment prevention policy.
- Provide annual interactive sexual harassment prevention training for all employees.
6. Wage Theft Prevention Act (WTPA)
- Provide written notices of pay rates, paydays, and other employment terms at hire and upon changes. Notices must be in the employee’s primary language if a state template is available.
7. Employee Classification
- Classify workers correctly as employees or independent contractors to comply with tax and labor laws.
8. Recordkeeping
- Maintain accurate payroll records, including hours worked and wages paid, for at least six years.
9. Workers’ Compensation and Disability Insurance
- Ensure all employees are covered under workers’ compensation and short-term disability insurance.
10. Industry-Specific Requirements
- Follow additional regulations for industries like construction, hospitality, and transportation.
11. Health and Safety Standards
- Comply with the New York State Public Employee Safety and Health Bureau (PESH) or OSHA requirements.
- Implement mandatory COVID-19 protocols, if applicable.
12. Compliance Monitoring
- Regularly review New York State Department of Labor updates and consult legal professionals to ensure compliance with evolving laws.
If you need assistance with specific requirements or labor law posters, consider visiting your state labor department website or consulting a compliance expert.