New York state has extended its law requiring paid COVID-19 vaccination leave for employees through Dec. 31, 2023. The law had been scheduled to expire Dec. 31, 2022. It requires employers to provide a sufficient period of paid time to be vaccinated for COVID-19, up to four hours per vaccine injection. The law applies to all private employers and specified public employers. Workers may use leave under the state’s paid sick leave law for vaccine recovery.

New York Coronavirus Guidance

In response to the Coronavirus (COVID-19) global pandemic, state governments have issued guidance to help employers comply with labor and employment laws during the outbreak. Employer resources on the actions New York has taken during this time are provided below.

Because states are continually monitoring and responding to developments related to COVID-19, employers are strongly advised to visit the New York State Department of Health COVID-19 webpage for the latest updates and business-related resources. Local health department contact information can be found here.

Vaccination Mandate

Beginning in September 2021, the New York mandate at issue requires all health care workers in the state to be vaccinated against COVID-19. The only exception is for situations in which a worker presents written proof from a health care provider showing that the vaccine would be “detrimental” to the worker’s health “based on a pre-existing condition.”    

Supreme Court Case  

On Dec. 13, 2021, the U.S. Supreme Court issued an order denying a request from a group of health care workers to be exempt, on religious grounds, from New York’s statewide vaccination requirement for health care workers. The court previously rejected a similar challenge to Maine’s vaccine mandate for health care workers on Oct. 29, 2021.After two lower courts declined, the Supreme Court also refused to block the law. Because the case was brought on an emergency basis, the court did not explain its decision. 

However, a dissenting opinion notes that under guidance issued by the New York Department of Labor on Sept. 25, 2021, workers who lose their jobs because of their refusal to get vaccinated are automatically disqualified from receiving unemployment benefits in the state.

The upheld mandate applies to all hospitals, nursing homes, home care agencies and other health care facilities in New York. These employers should become familiar with the state vaccine mandate and the Supreme Court’s decision. In addition, all employers should become familiar with guidance on federal fair employment laws and workplace vaccination mandates issued by the federal Equal Employment Opportunity Commission (EEOC).

New York City Mandate

The mayor of New York City (NYC) has announced that, starting Dec. 27, 2021, nearly all employers in the city will be required to ensure their employees are vaccinated against COVID-19.  In-person workers will need to provide proof of two vaccine doses, except for those who have already received the Johnson & Johnson vaccine. The new vaccine mandate will apply to approximately 184,000 businesses.

While delivering the announcement on Dec. 6, 2021, NYC Mayor Bill DeBlasio indicated that workers will be able to ask for religious and medical exemptions. Acceptable proof of vaccination will include a vaccination card issued by the Centers for Disease Control and Prevention (CDC), the New York State Excelsior Pass, the Clear Health Pass, and the NYC COVID Safe App.

The mayor also indicated that NYC’s existing COVID-19 restrictions for entering certain public places, such as restaurants and theaters, will expand to require: 

• At least one vaccine dose for children ages 5 to 11, starting on Dec. 14, 2021; and
• Two vaccine doses for most adults and children aged 12 and older, starting on Dec. 27, 2021.

Supreme Court Rejects Religious Challenge to NYC’s Vaccine Mandate for Public Schools

On Feb. 11, 2022, the U.S. Supreme Court issued an order denying a request by a group of teachers and school administrators to be exempt, on religious grounds, from New York City’s (NYC) COVID-19 vaccination requirement for all in-person public school workers.  

The court previously rejected a similar request filed by the same group in September 2021. The court has also rejected similar challenges to New York’s statewide vaccine mandate for health care workers (Dec. 13, 2021) and Maine’s vaccine mandate for health care workers (Oct. 29, 2021). Because all of these cases were brought on an emergency basis, the court’s orders did not include an explanation. 

Background of NYC Vaccination Mandate 

Beginning Sept. 27, 2021, the NYC mandate at issue requires all in-person teachers and other public school workers to be vaccinated against COVID-19. While many similar orders and laws grant exceptions for medical reasons, religious reasons or both, the NYC mandate does not allow any exceptions.        

Supreme Court Case  

NYC public school employees sued the city to block it from enforcing the COVID-19 vaccine mandate against them due to their religious beliefs. After lower courts declined, the Supreme Court also refused to block the law. 

Employer Impact  

The upheld mandate only covers NYC employees and volunteers who work in school settings. Private employers should become familiar with guidance on federal fair employment laws issued by the federal Equal Employment Opportunity Commission, along with all applicable local, state and federal laws on vaccine mandates and religious exceptions.   

HERO Act

New York State’s Health and Essential Rights Act (NY HERO Act) was passed to prevent occupational exposure to airborne infectious diseases. The NY HERO Act covers all private employers in the state. The Act was signed into law on May 5, 2021, and was amended on June 11, 2021. The amendments, among other things, have extended the compliance deadline for key portions of the Act from June 4, 2021, to July 5, 2021. 

The NY HERO Act created Section 218-b of the New York Labor Law, which requires employers to establish an airborne infectious disease exposure prevention plan. Employers must post the plan in their workplace and meet other requirements for making their plans available to employees. 

The Commissioner of Health is required to create a model airborne infectious disease standard. Employers can adopt the model standard or establish an alternative plan that meets or exceeds its requirements. This section of the Act takes effect on July 5, 2021.  

The Act also created Section 27-d of the law, which permits employees to establish and administer joint labor-management workplace safety committees. This section of the Act takes effect on Nov. 1, 2021. 

Employee Leave

New York state enacted a law providing leave for employees subject to a quarantine or isolation order due to COVID-19, effective March 18, 2020. Whether and how much employee compensation is required during the leave depends on the size and net income of the employer, as follows: 

• $1 million or less, and up to 10 employees: Unpaid leave through the end of the quarantine or isolation. (Employees are eligible for paid family leave and disability benefits.) 
• More than $1 million, and up to 10 employees: Leave through the end of the quarantine or isolation, at least five days of which must be paid. (After five days, employees are eligible for paid family leave and disability benefits.) 
• Between 11 and 99 employees: Leave through the end of the quarantine or isolation, five days of which must be paid. (After five days, employees are eligible for paid family leave and disability benefits.) 
• 100 or more employees: 14 days of paid sick leave during quarantine or isolation. 
• Public employers: 14 days of paid sick leave during quarantine or isolation.  

The law also allows paid family leave for employees to care for children under a quarantine or isolation order. Employees eligible for federal COVID-19-related leave may take state leave only to the extent that it exceeds the federal leave. Exceptions to the leave requirement apply for asymptomatic or undiagnosed employees who can work virtually, and for employees who traveled to affected regions (including states on New York’s travel advisory) for non-work purposes. 

According to guidance on the law from the New York Department of Labor, employees may not report to work and must be given paid leave for repeat periods of isolation or quarantine if:   

• They test positive for COVID-19 after returning to work following isolation or quarantine; or
• They continue to test positive for COVID-19 after isolation or quarantine ends. 

However, except for nursing home workers, it is not recommended that employees be tested to discontinue quarantine or isolation. Leave is limited to three periods of isolation or quarantine, and the second two periods must be based on a positive COVID-19 test. (On April 22, 2021, the New York Department of Health issued updated “Protocols for Personnel in Healthcare and Other Direct Care Settings to Return to Work Following COVID-19 Exposure – Including Quarantine and Furlough Requirements for Different Healthcare Settings.”)

In addition, the guidance states that employees not under a quarantine or isolation order, whose employers nonetheless bar them from work due to COVID-19 exposure (or possible exposure), must be paid their regular rate until they return to work or enter quarantine or isolation. Notably, the COVID-19 leave law itself says leave is required only for employees who are under a quarantine or isolation order.

The state’s earlier FAQs on the law remain valid. For further information, contact the New York Department of Labor. 

New York has also passed a state law requiring that employees receive a sufficient period of paid leave to be vaccinated for COVID-19, up to four hours per vaccine injection, including booster shots. The law applies to all private employers and specified public employers. Employees must be paid their regular rate of pay during the leave, and the leave may not be counted against any other leave to which the employee is entitled, including paid sick leave required by state law. The law took effect March 12, 2021, and expires Dec. 31, 2023 (extended from an earlier expiration date of Dec. 31, 2022). The New York Department of Labor has issued FAQs on the law. 

Guidance from the New York Department of Labor states that workers may take leave under the state’s paid leave law to recover from COVID-19 vaccination side effects.

Unemployment

• Waiver of 7-day waiting period requirement for accessing unemployment insurance benefits for people who are out of work due to Coronavirus (COVID-19) closures or quarantines. Click here for more information.

Guidance for Health Insurers

• The State outlined a series of actions that New York health insurers are required or advised to take, including keeping New Yorkers informed regarding available benefits; offering, where possible, telehealth medical advice and treatment; and preparing insurers to cover the costs if a COVID-19 immunization should become available. 

Business Resources

• COVID-19 Business Resources (includes FAQs for businesses, a resource guide to small business disaster loans, and contact information for business questions).
• New York City face covering law

HIPAA Privacy Rule and Disclosures of Information Relating to Reproductive Health Care | HHS.gov

Following the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services issued new guidance regarding health care providers’ obligation under the HIPAA Privacy Rule to protect patient information related to reproductive health care.  

HIPAA Privacy Rule and Disclosures of Information Relating to Reproductive Health Care | HHS.gov

On June 17, 2022, New Hampshire amended its youth employment laws to lower the age restriction for employees to clean tables at establishments serving alcoholic beverages. The amendments also increase the number of hours employees under 18 years of age may work when school is in session. The amendments became effective on the day they were adopted.

New Hampshire Child Labor Laws

In general, state law prohibits employees under the age of 18 from operating unsafe machinery, working excessive hours and working in dangerous occupations. In addition, state law does not allow any youth who works more than two nights in a week past 8:00 p.m. to work more than an 8-hour shift during that particular week.

New Hampshire has incorporated the following two federal documents as state law:

• Child Labor Provisions for Nonagricultural Occupations Under the Fair Labor Standards Act
• Child Labor Requirements In Agricultural Occupations Under the Fair Labor Standards Act (Child Labor Bulletin 102)

Employers should review New Hampshire’s child labor statutes and regulations for a complete list of prohibited occupations for youth employees.

Work Hour Notice

Employers that hire employees under the age of 18 must display in the workplace a notice stating:

• The hours of work;
• The time allowed for dinner and other meals; and
• The maximum number of hours any youth is permitted to work in any one day.

Work Authorization

Employers must obtain work authorization before hiring employees under the age of 18. For youths between the age of 12 and 15, employers must obtain a youth employment certificate (also known as “working papers”)  by the third day of employment and retain it at their place of business. However, a certificate is not required for casual work. State law defines casual work as “employment that is infrequent or of brief duration or productive of little or sporadic income or not commonly held to establish an employer-employee relationship.”

For 16- and 17-year-olds, employers must obtain written permission from a parent or guardian at the time employment begins. Written permission is not required for 16- and 17-year-olds who have already graduated from high school or have a general equivalency diploma.

Ages 16 and 17 

Employees who are 16 or 17 years of age are allowed to work up to six consecutive days per week. The maximum number of hours they can work during a week depends on how many days are designated as school days.

School days per week	Maximum weekly hours of work
5 days	35 hours
4 days	40 ¼ hours
0 -3 days	48 hours

Youth Under 16 Years of Age

Employers cannot hire minors under 16 years of age to work in a dangerous area in manufacturing, construction, mining and quarrying occupations or in woods and logging.

Minors under 16 can work:

• Between 7 a.m. and  9 p.m.
• Up to three hours per day on school days (8 during non-school days)
• Up to 23 hours per week during school weeks (48 hours during non-school weeks)

Youth who are 14 years of age or older are allowed to clean tables, remove empty containers and glasses and assist in stocking in the premises of an establishment that is licensed to handle liquor and beverages. However, state law also requires that a person of at least 18 years of age be in attendance and designated in charge of the employees and business.

Youth Under 12 Years of Age

Youth under 12 years of age are not allowed to work unless they:

• Work for their parents or guardians;
• Are engaged in casual work; or
• Deliver newspapers door to door.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

The New Mexico Department of Workforce Solutions has published regulations implementing the Healthy Workplaces Act, which goes into effect July 1. The regulations take effect on the same date. Under the new law, all private employers in New Mexico are required to provide up to 64 hours of earned paid leave annually for reasons specified in the act. In addition to the regulations, the department has published FAQs and a guide about the law, as well as a poster for employers to use to meet their notice requirement.

New Mexico Paid Sick Leave

Effective July 1, 2022, most New Mexico employers are required to provide up to 64 hours of paid leave annually for specific reasons relating to the health or safety of employees or their family members. The requirement is contained in the state’s Healthy Workplaces Act, passed April 8, 2021.

Covered Employers and Employees

The only employer exception provided in the law is for government employers. All employees are eligible for leave, including part-time, seasonal and temporary employees.

Paid Leave Accrual and Use

Employees must accrue at least one hour of paid leave for every 30 hours worked, or employers may frontload 64 hours of paid leave on Jan. 1 each year. Leave carries over from year to year, but employee use of leave may be capped at 64 hours annually. To determine the 12-month period in which leave may be used, employers may choose the calendar year, any fixed 12-month leave year (such as a fiscal year, a year required by other law or a year starting on an employee’s anniversary date), the 12-month period measured forward from the employee’s first use of sick leave, or a rolling 12-month period measured backward from the date an employee uses sick leave.

Leave begins accruing and may be used at the start of employment or July 1, 2022, whichever is later. Employees must be provided with leave upon an oral or written request by them or an individual acting on their behalf. Payout on separation of employment is not required.
 
Employers with policies providing leave benefits equivalent to those required by the law will be deemed in compliance.

Reasons for Leave

An employee may use paid sick leave for the following reasons:

• For the employee’s or a family member’s mental or physical illness, injury or health condition; medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or preventive medical care;
• For meetings at the employee’s child’s school or place of care related to the child’s health or disability; or
• For absence necessary due to domestic abuse, sexual assault or stalking suffered by the employee or a family member of the employee; provided that the leave is for the employee to:
  • obtain medical or psychological treatment or other counseling;
  • relocate;
  • prepare for or participate in legal proceedings; or
  • obtain services or assist a family member with any of the above activities.

“Family member” means an employee’s spouse or domestic partner or a person related to an employee or an employee’s spouse or domestic partner as:

• A biological, adopted or foster child, a stepchild or legal ward, or a child to whom the employee stands in loco parentis;
• A biological, foster, step or adoptive parent or legal guardian, or a person who stood in loco parentis when the employee was a minor child;
• A grandparent, grandchild or biological, foster, step or adopted sibling;
• A spouse or domestic partner of a family member; or  
• An individual whose close association with the employee or the employee’s spouse or domestic partner is the equivalent of a family relationship.

Employee Notice Requirements

When leave is foreseeable, employees must make a reasonable effort to provide advance oral or written notice of the need for leave to their employer. Similarly, employees must make a reasonable effort to schedule foreseeable leave so as to not unduly disrupt the employer’s operations. When leave is not foreseeable, the employee must notify the employer orally or in writing as soon as practicable.

Employer Notice Requirements

Employers must notify employees of their rights under the new law at the start of employment and in a poster displayed in the workplace. The state’s Department of Workforce Solutions is charged with providing a model notice for this purpose.

Penalties

Penalties for employer violations of the paid leave law include damages, back pay, reinstatement and attorneys fees, among others.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

On Oct. 21, 2021, Governor Hochul signed AB 3213 into law, making significant changes to New York’s state-sponsored retirement program. The program, called the New York State Secure Choice Savings Program (Secure Choice), was originally enacted in 2018 and was voluntary for employers. The 2021 amendments to the law make the program mandatory for covered employers and ensure that employees are automatically enrolled (with the option to opt out), among other changes.

The program offers a Roth Individual Retirement Arrangement (IRA) to employees in New York who do not have access to a tax-qualified retirement program through work. It is overseen by the New York State Secure Choice Savings Board (the Board).

Covered Employers

Employers in New York must participate in Secure Choice if they meet the following criteria:

• They are engaged in a business, industry, profession, trade or other enterprise in New York State, whether for profit or not for profit;
• They have had 10 or more employees at all times during the previous calendar year; 
• They have not offered a qualified retirement plan in the last two years.

Employer Requirements

Participating employers must provide a payroll deposit retirement savings arrangement within nine months after the Board opens Secure Choice for enrollment (date to be determined). Following the program’s initial implementation, the program must designate an open enrollment period at least once every year during which employees who previously opted out may enroll.

Participating employers also must:

• Automatically enroll each of their employees in the program (except those who have opted out); and 
• Deposit funds into the program’s payroll deduction IRA on behalf of their employees.

The deduction of contributions from an employee’s wages must not begin until the 30th day after the employee has been enrolled.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

New York City generally requires all employers to grant each employee two requests for a temporary change to his or her work schedule per calendar year due to a personal event. The chart below details the generally applicable legal requirements. However, additional rules may apply, particularly to fast food and retail employers. For more information, please contact the New York City Department of Consumer Affairs at 3-1-1 from within NYC or 212-639-9675 outside NYC.

What is a “temporary change”?	A limited alteration in the hours or times that or locations where an employee is expected to work. This includes, but is not limited to, using paid time off, working remotely, swapping or shifting work hours, or using short-term unpaid leave.
What is a “personal event”?	Need to provide care to a minor child or care recipient;Need to attend certain legal proceedings, including hearings for subsistence benefits; orAny circumstance that would constitute a basis for permissible use under New York City’s Safe and Sick Leave Law.
How many requests must an employer grant?	Two requests per calendar year, for up to one business day per request.
Must employees give notice?	Yes. An employee who requests a temporary change generally must notify his or her employer once aware of the need for a temporary change. The employee must also put this request in writing as soon as practicable.
When must an employer respond to a request?	An employer who receives a temporary change request must respond immediately, either verbally or in writing. However, as soon as practicable, the employer must also provide a written response to the employee.
May an employer deny a request?	Yes, if the employee has already used his or her two allotted requests in the calendar year.
Must employers keep records?	Yes. Employers generally must retain electronic records documenting compliance with these requirements for 3 years.
Must employers post a notice?	Yes. Employers generally must post a notice regarding these requirements in a place where employees can easily see it. The notice must be in English and in any language that is the primary language of at least 5% of the workers, provided the city has made a notice available in that language. These notices must be printed on and scaled to fill an 11” x 17” sheet of paper. Click here to download applicable notices.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

Workers’ compensation provides benefits to workers who are injured on the job or have a work-related illness, including:

• Payment for medical treatment for a work-related injury or illness.
• Cash payments that partially replace lost wages on a temporary or permanent basis.

With the exception of certain industries, workers’ compensation programs are designed and administered by state governments. In general, state laws require employers to purchase insurance from an authorized carrier or to self-insure. Programs vary by state in terms of benefit levels, duration, and types of compensable injuries.

Click here to view relevant workers’ compensation forms for employers from the New York State Workers’ Compensation Board. Additional resources regarding workers’ compensation in New York can be found here. 

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

Employers in New York are generally required to pay employees at least twice per month on paydays designated in advance. 

• Fringe benefits (such as vacation or holiday pay) must be paid within 30 days after payment is required to be made.

Special Rules for Employers in Certain Industries

• Clerical and other workers must be paid the wages earned in accordance with the agreed terms of employment, but not less frequently than semimonthly, on regular pay days designated in advance by the employer.
• Manual workers must generally be paid weekly and not later than 7 calendar days after the end of the pay period. Non-profit organizations may pay workers twice a month if that is their agreement. Under certain conditions, a large business may ask the state Labor Department for permission to pay its manual workers twice per month.
• Commission salespeople must receive wages, salary, drawing account, or commissions at such times as provided in the employment agreement, but they must be paid at least once a month and not later than the last day of the month following the month in which the money is earned. If a salesperson receives monthly payments of wages, salary, drawing account, or commissions that are substantial, additional compensation such as bonuses or “incentive” earnings may be paid at such times as agreed by the employer and salesperson.

Wage Notification Requirements  

The New York Wage Theft Prevention Act amended the New York Labor Law to expand employee notifications, enhance available remedies for wage law violations, and strengthen whistleblower protections. Highlights of the law are outlined below.

Time of Hire Notice and Written Acknowledgement

Employers are required to provide employees, at the time of hiring, a notice containing the following information:

• The rate(s) of pay (including the regular hourly and overtime rates of pay for employees not exempt from overtime pay) and the basis of the wage payment, such as hourly, shift, daily, weekly, salary, piece or commission;
• Any allowances claimed as part of the minimum wage, including tip, meal, or lodging allowances; 
• The regular pay day designated by the employer; and 
• The name (including any “doing business as” names) used by the employer, along with the physical and mailing addresses and telephone number of the employer’s main office or principal place of business.

This notification must be provided in writing, in English and in the language identified by each employee as his or her primary language.

Additionally, the employer must obtain a signed and dated written acknowledgement of receipt of this notice from each employee (in English and in the employee’s primary language) each time such notice is provided. This acknowledgement must include an affirmation by the employee that the employee accurately identified his or her primary language to the employer, and that the notice provided by the employer was in that language (or as otherwise required under the law). Employers are required to maintain this acknowledgement for 6 years.
 
Under the law, the New York State Department of Labor is responsible for preparing dual-language templates that comply with these requirements. Please click here for these templates. Note: When an employee identifies as his or her primary language a language for which a template is not available from the labor commissioner, the employer must provide that employee an English-language notice or acknowledgment.

Employers are also required to notify employees in writing of any changes to the information required by the above notice at least 7 calendar days in advance, unless the change is listed on the employee’s pay stub.

Payroll and Paystub Notice

Employers are required to provide each employee with a statement with every payment of wages, listing the following:

• The dates of work covered by that payment of wages; 
• Name of employee, name of employer, and address and phone number of employer; 
• Rate(s) of pay and basis of the wage payment, such as hourly, shift, daily, weekly, salary, piece or commission;  
• Gross wages;  
• Deductions;  
• Allowances, if any, claimed as part of the minimum wage; and 
• Net wages.

For employees who are not exempt from overtime pay, this statement must also include:

• The regular hourly rate or rates of pay;
• The overtime rate or rates of pay; 
• The number of regular hours worked; and 
• The number of overtime hours worked.   

Payroll records showing the hours worked per week, the rate or rates of pay and the basis of the wage payment, gross wages, deductions, allowances, and net wages for each employee also must be maintained by the employer for 6 years.

To view a sample wage statement, please click here.

Note: Under a local law (“Introduction Number 1396-A”) in New York City, a fast food employer must pay schedule change premiums at such time as the employer pays an employee wages owed for work performed during that work week. Schedule change premium pay must be separately noted on a wage stub or other form of written documentation and provided to the employee for that pay period. Click here for more information, including details on additional requirements and the scope of coverage. Rules are also available.

Enforcement Provisions

Action by Employee

• If any employee is not provided the “time of hire” notice within 10 business days of his or her first day of employment, the employee may recover damages of $50 for each work day that  the violations occurred or continue to occur (but not to exceed a total of $5,000) together with  costs and reasonable attorney’s fees. A court may also award other relief, including injunctive and declaratory relief.
• If any employee is not provided with the required “payroll/paystub” notice (with every payment of wages), he or she will recover damages of $250 for each work day that the violations occurred or continue to occur (but not to exceed a total of $5,000) together with costs and reasonable attorney’s fees. The court may also award other relief, including injunctive and declaratory relief, that the court in its discretion deems necessary or appropriate.

Action by Labor Commissioner on Behalf of Employee

• On behalf of any employee not provided  the “time of hire” notice, the commissioner may (among other things) assess against the employer damages of $50 for each work day that the violations occurred or continue to occur, but not to exceed a total of $5,000.
• On behalf of any employee not provided the “payroll/paystub” notice (with every payment of wages), the commissioner may (among other things) assess against the employer damages of $250 for each work day that the violations occurred  or continue to occur, but not to exceed a total of $5,000.

There are also potential criminal penalties for violating the law.

For more information about the Wage Theft Protection Act, please review § 195 of the New York Labor Code. For more information about wage payment timing generally in New York, please click here.

New York City “Freelance Workers”

• A law enacted by the New York City Council establishes and enhances protections for freelance workers, including, among other things, the right to timely payment.
  • The term “freelance worker” means any natural person or any organization composed of no more than one natural person, whether or not incorporated or employing a trade name, that is hired or retained as an independent contractor by a hiring party to provide services in exchange for compensation. The term does not include certain sales representatives and lawyers.
  • The contracted compensation must be paid to the freelance worker on or before the date such compensation is due under the terms of the contract. If the contract does not contain a payment date or mechanism by which the date will be determined, payment must be made no later than 30 day after completion of the freelance worker’s services under the contract. Click here for more information.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

• Unemployment Insurance Information
• Unemployment Forms and Publications
• Employer Resources

For more information, contact the New York State Department of Labor.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.