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New York law requires that employers provide crime victim leave to victims of a crime, as well as to individuals who are subpoenaed as a witness in a criminal proceeding. In addition, effective Nov. 18, 2019, New York law requires employers to provide leave to victims of domestic violence. Both kind of leave are discussed below.

Crime Victim Leave

Under the law, a “crime victim” includes:

• The aggrieved party.
• The aggrieved party’s next of kin, if the aggrieved party died as a result of the crime.
• The victim’s representative (i.e., attorney or guardian).
• A Good Samaritan.
• An individual who applies for or seeks to enforce an order of protection under New York law

Eligible employees may take leave to appear as a witness, to consult with a district attorney, or to exercise certain other rights under the law. The law does not specify the minimum or maximum amount of leave that an employee may take.

Employees who are crime victims or who are subpoenaed as witnesses at criminal proceedings must provide the employer with at least one day’s notice before taking the leave.

An employer may not discharge or penalize any employee who exercises his or her right to take such leave .
 
Leave need not be paid. For more information, please click here.

Domestic  Violence Leave

New York employers must provide leave to employees whom the employer knows are victims of domestic violence. Leave (for a reasonable amount of time) must be allowed under the law for the following purposes: 

• To seek medical attention (including for a child victim);
• To obtain services from a domestic violence shelter, program or rape crisis center;
• To obtain psychological counseling (including for a child victim);
• To take action to increase safety from domestic violence in the future, including relocating; or
• To obtain legal services, assist in the prosecution of the offense or appear in court.

Failing to provide the leave as a reasonable accommodation is an unlawful discriminatory practice, except if it would cause undue hardship to the employer, taking into account the size and type of the employer’s business or enterprise.

Employers may require employees to take the leave as ordinary paid leave, where available, and as unpaid leave, where paid leave is not available.

Employees must provide reasonable advance notice of the leave where feasible. When advance notice is not feasible, the employee must provide a certification if the employer requests it (within a reasonable time after the leave). The certification must be in the form of a police report, a court order or other evidence that the employee appeared in court, or documentation from one of a number of specified counseling or medical professionals.

For more information, please click 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 may not discriminate against or refuse to hire an individual because such person is subject to state or U.S. military duty. Employers also may not request in any way that an employee waive his or her rights to reemployment, benefits or any other rights protected by law. 

New York law also prohibits employers from discriminating against, intentionally depriving from employment, or preventing or interfering with the employment of, any individual because the person is a member of the state’s organized militia. Employers also may not discourage an employee from enlisting in the organized militia by threatening the person’s employment.

For more information, please see New York Military Law §251, §252, and §318.

Reinstatement of Employment

An employee who takes leave from employment for active military service or training is generally entitled to be restored to the employee’s former position or a position of similar seniority, status, and pay. To be eligible, an employee must:

• Have held a position with the employer that was not temporary;
• Receive a certificate of completion of military service;
• Still be qualified to perform the duties of the position; and
• Apply for reemployment within
  • 90 days after release from active military service
  • 10 days after release from temporary service to participate in drills and certain other training (such as reserve duty training, instruction or duties, annual  full-time  training  duty, active duty for training or other annual training)
  • 60 days after release from initial full-time training duty or initial active duty for training with or in the state or U.S. armed forces.

Employers must extend the same reemployment rights to employees who are discharged or suspended by the employer because of membership in the state organized militia or the U.S. reserves. To be eligible, the employee must be qualified to perform the duties of the position and apply for reemployment within 10 days after the discharge or suspension. However, employees who participate in routine reserve officer corps training are not entitled to reemployment, except when performing advanced training duty as a member of a reserve component of the armed forces.

Employers may not discharge an employee who has been reinstated to employment without cause within one year after being restored to the position.

For more information, please see New York Military Law §317.

Maintenance of Benefits

Employers must consider employees who are reinstated as having been on furlough or leave of absence during the period of military service, temporary service, or discharge or suspension, and must allow such employees to participate in insurance or other benefits offered by the employer in accordance with the employer’s established rules and practices relating to employees on furlough or leave. New York Military Law §317-4.

Members of a reserve component of the U.S. armed forces, including the National Guard, who are called to active duty are generally entitled to continue health insurance coverage under the employer’s group policy. The employee must make the request for continuation in writing and must pay the required premiums on a timely basis. This continuation coverage is not available for employees who are or could be covered as an employee or dependent by another arrangement that provides coverage or by Medicare. For more information, please see New York Insurance Law §3221(n) and §4305(g).

Spousal Military Leave

Employers with 20 or more employees must allow an employee who works an average of 20 or more hours per week and who is the spouse of a member of the U.S. armed forces, the national guard, or the reserves, to take up to 10 days of unpaid leave from work while the employee’s spouse is on leave from deployment during a period of military conflict to a combat theater or combat zone of operations.

The right to take spousal military leave does not affect an employee’s rights with respect to any other employee benefits provided for in other laws. Independent contractors are not entitled to spousal military leave.

For more information, please see New York Labor Law §202-i. 

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 law requires employers to allow employees time off from work to serve as jurors. Employers are prohibited from discharging or penalizing employees who provide prior notice of jury summons for absence from employment due to such jury service. It is an illegal penalty to force an employee to charge jury duty absence against vacation, personal or sick time. However, an employee may choose paid leave over losing wages.

Employers are encouraged but not required to pay an employee’s full daily wage while the employee is reporting to serve as a juror. Employers of more than 10 employees must pay jurors the jury fee of $40 or the employee’s wage (whichever is lower) each day for the first three days of jury service. If the juror’s daily wage is less than the jury fee, then the State makes up the difference. The State will pay the jury fee of jurors who work for employers of 10 or fewer employees if the jurors are not paid at least the jury fee by their employers. After three days, the State pays the jury fee to jurors who are not paid at least the jury fee. For jurors who are paid a daily wage that is less than the jury fee the State makes up the difference.

For more information, please click here. 

Special Note: Under the federal Fair Labor Standards Act, an employer cannot make deductions for absences of an exempt employee due to jury duty, serving as a witness or military leave. The employer may offset any amount received by an exempt employee as jury fees; witness fees or temporary military pay for a particular week against the salary due for that particular week.  

For more information on compensation requirements for jury duty under the FLSA, please click 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.

Leave to Donate Blood

Employers with 20 or more employees are required to provide eligible employees leave to donate blood (New York State Labor Law Section 202-j).  Employers must either:

• Grant three hours, during the employee’s regular work schedule, of leave of absence in any twelve month period to an employee who seeks to donate blood off-premises (leave granted for such donation is not required to be paid, and employers may require employees to show proof of their blood donations); or 
• Allow employees, during work hours, to donate blood during work hours at least 2 times per calendar year (at least 60 days apart) at a convenient time and place set by the employer (such as a blood drive at the place of employment). This leave must be paid and must be given without the use of already existing leave. Employers must prominently post a notice of the blood donation leave in the workplace at least 2 weeks before the donation date.

Employers may require employees to give reasonable notice of their intended use of blood donation leave. If an employee experiences an emergency requiring donation of blood for the employee’s own surgery or of that of a family member, employers must provide reasonable accommodations for a shorter notice period.

Notice Requirements

Employers must notify employees in writing of their right to take blood donation leave. Such notice may be in the form of a poster located in a prominent spot where employees congregate, or may be included in employees’ paychecks, mailings, employee handbooks or another comparable method. If the employer provides the written notice directly to the employee, it must do so at the time of hire and thereafter to all employees on an annual basis no later than January 15th.

For more information, please click here.

Leave to Donate Bone Marrow

Employers with 20 or more employees must allow an eligible employee up to 24 hours of leave in order to donate bone marrow (New York State Labor Law, Section 202-a). The employer may require verification by a physician for the purpose and length of each leave requested by the employee to donate bone marrow.

For more information, please click 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.

Various federal laws require private employers to grant eligible employees leave from work (either paid or unpaid) to attend to certain family, medical, or other circumstances. Those circumstances include leave for military service or for certain activities in connection with a family member who performs military service, jury duty in federal court, and time off for religious observance.

Many states also have laws requiring that private employers allow employees to be absent from work, either with or without pay, due to specified circumstances. These laws may grant employees expanded or additional rights above the federal requirements (or they may be preempted by the federal law). As a result, employers in certain instances may be required to comply with only the federal law, only the state law, or both. If there is any question as to which law applies to a particular employer or situation, the employer should contact a knowledgeable employment law attorney or contact their state labor department for specific guidance.

The Family and Medical Leave page in this section covers state leave provisions related to family and medical leave in New York. Other key employee leave laws specific to New York covered in this section include:

• Donor Leave
• Jury Duty
• Military Leave
• Victim Leave
• Voting Leave
• New York City Mandatory Safe and Sick Leave
• Westchester County Safe Time Leave
• Westchester County Sick Leave

Please note that this list is not all-inclusive. Employers are advised to check with their state labor department for additional laws related to employee leave that may apply to their company.

New York currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Medical Marijuana

Under the state medical marijuana law, certified patients and designated caregivers (among others) may not be subject to penalty in any manner or denied any right or privilege—e.g., disciplinary action by a business—solely for the certified medical use or manufacture of marijuana, or for any other action or conduct in accordance with the law.

Being a certified patient is deemed to be having a “disability” under various state law provisions; however, the state medical marijuana law does not:

• Bar the enforcement of a policy prohibiting an employee from performing his or her employment duties while impaired by a controlled substance; or
• Require an employer to do any act that would put it in violation of federal law or cause it to lose a federal contract or funding.

Additional requirements and exceptions to the information above may apply. Please contact the New York Department of Health for further 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.

In addition to federal nondiscrimination laws, the New York State Human Rights Law provides broad workplace discrimination protections to employees in New York. The state law is discussed in this section.  

Covered Employers  

Until Feb. 8, 2020, the state law generally applies to employers with four or more employees. However, in the case of an action for discrimination based on sex, with respect to sexual harassment only, the term “employer” includes all employers within the state.  Effective Feb. 8, 2020, all provisions of the law apply to all employers in the state. 

Protected Classes  

A protected class is a group of individuals with common characteristics who are legally protected from discrimination on the basis of that characteristic. Protected classes in New York include groups based on the following characteristics: 

• Age
• Color
• Creed (Religion)
• Disability (including pregnancy and pregnancy-related conditions, which, as of Sept. 13, 2019, specifically include lactation)
• Domestic violence victim status
• Familial status
• Gender expression
• Gender identity
• Marital status
• Military status
• National origin
• Predisposing genetic characteristics
• Race 
• Sex
• Sexual orientation
• Status as a domestic violence victim

As of Nov. 8, 2019, state lawalso prohibits discrimination based on an employee or dependent’s reproductive health decisions. Effective Jan. 7, 2020, employers that provide employee handbooks must ensure that the handbooks include notice of employees’ rights and remedies related to reproductive health decisions. 

Special Note on Religious Discrimination: Religious discrimination includes imposing any terms or conditions that would require an employee to violate or forgo a sincerely held practice of his or her religion, including observing a sabbath or other holy day as prescribed by a religious belief. As of Oct. 8, 2019, religious discrimination also includes discrimination on the basis of wearing any attire, clothing or facial hair in accordance with the requirements of the employee’s religion. The prohibition against religious discrimination contains an exception to protect employers from undue hardships. 

Special Note on Racial Discrimination: Racial discrimination includes discrimination on the basis of traits historically associated with race, such as hair texture and protective hairstyles (including braids, locks, and twists). 

Special Note on Immigration Status: Effective Oct. 25, 2019, New York employers are prohibited from threatening to contact or contacting United States immigration authorities or otherwise reporting or threatening to report an employee’s suspected citizenship or immigration status (or that of the employee’s family or household member) to a federal, state, or local agency because the employee made a good faith complaint that the employer violated the New York Labor Law or an order of the labor commissioner. 

Unlawful Practices 

• In general: New York labor laws prohibit employers from discriminating against individuals who belong to a protected class. Labor discrimination includes refusing to hire or employ, firing, or otherwise discriminating or retaliating against an individual in compensation or in terms, conditions, or privileges of employment. 
• Harassment: Effective Oct. 11, 2019, it is illegal for employers to subject any individual to harassment regardless of whether the harassment would be considered severe or pervasive. However, harassment must be above petty slights or trivial inconveniences from the perspective of a reasonable victim of discrimination.
• Arrests and convictions: Click here for the special rules that apply to arrests and convictions. Click here for more information from the New York State Office of the Attorney General.
• Equal pay: Beginning Oct. 8, 2019, state law specifically prohibits employers from paying different wages to employees solely because they belong to a protected class. This means that employers must pay the same wages to employees who perform substantially similar work. However, the law allows wage differentials when they are based on one of the following factors:
  • A merit system;
  • A seniority system;
  • A system which measures earnings by quantity or quality of production; or
  • A bona fide factor other than status within one or more protected classes, such as education, training, or experience.  
• Mandatory arbitration: Beginning Oct. 11, 2019, employers may not require employees to submit their discrimination claims to mandatory arbitration. 

Nondisclosure agreements

Beginning Oct. 11, 2019, employers may not use nondisclosure agreements to prevent the disclosure of the underlying facts and circumstances of a discrimination claim or action. However, an exception exists for situations where the person bringing the claim sets confidentiality as a condition for reaching a settlement, agreement, or other resolution to the claim. In these circumstances, the terms and conditions must be provided in writing to all the parties involved. Nondisclosure agreements are void to the extent they prohibit or restrict individuals from:

• Initiating or participating in an investigation conducted by the appropriate local, state, or federal agency; or 
• Filing or disclosing any facts necessary to receive unemployment insurance, Medicaid, or other public benefits to which the individual is entitled.

In addition, beginning Jan. 1, 2020, nondisclosure agreements related to any future discrimination claim are unenforceable unless the employee or potential employee is notified that the agreement does not prohibit the employee from speaking with: 

• Law enforcement
• The Equal Employment Opportunity Commission
• The Division of Human Rights
• A local commission on human rights
• The employee’s attorney      

Special Note: Filing a Discrimination Claim   

Workplace sexual harassment claims must be filed within three years of the alleged conduct. Other discrimination claims must be filed within one year.

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.

Permissible Deductions

Employers are generally prohibited from deducting employees’ wages, except deductions which:

• Are related to recovery of an overpayment of wages where such overpayment is due to a error by the employer, or for repayment of advances of salary or wages made by the employer to the employee; or
• Are expressly authorized in writing by the employee and are for the benefit of the employee, provided that such authorization is voluntary and only given following receipt by the employee of written notice of all terms and conditions of the payment and/or its benefits and the details of the manner in which deductions will be made. Such authorized deductions are limited to payments for (among other things):
  • Insurance premiums;
  • Pension or health and welfare benefits;
  • Payments for or dues or assessments to a labor organization; or
  • Discounted parking or discounted passes that entitle the employee to use mass transit.

Prohibited Deductions

Employers may not make deductions for the following (among other things): 

• Employee purchases of tools, equipment, and attire required for work;
• Recoupment of unauthorized expenses;
• Repayment of employer losses, including for spoilage and breakage, cash shortages, and fines or penalties incurred by the employer through the conduct of the employee; or
• Fines or penalties for tardiness, excessive leave, misconduct, or quitting without notice.

Additional requirements and exceptions to the information above may apply to your business. For more information, please contact the New York Department of Labor at 1-888-469-7365.

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 employers that offer a group health insurance plan are generally required to offer employees, their spouses, and their dependent children mini-COBRA coverage if they have fewer than 20 employees or if the employee, spouse, or dependent child is eligible for less than 36 months’ of federal COBRA coverage. The chart below provides general information on New York law.

Which employers must offer mini-COBRA under New York law?	All employers that offer a group health insurance plan.
Who is eligible for mini-COBRA, and when?	Employees, their spouses, and their dependent children who are not eligible for 36 months of federal COBRA and who fall into the following categories are generally eligible for mini-COBRA:Employees who lose group coverage due to termination of employment, reduction in hours of employment, or loss of membership in a class eligible for coverage.Spouses who lose group coverage due to the employee’s termination of employment, reduction in hours of employment, death, divorce, legal separation, eligibility for Medicare, or loss of membership in a class eligible for coverage.Dependent children who lose group coverage due to a loss of dependent child status under the plan or the employee’s termination of employment, reduction in hours of employment, death, divorce, legal separation, eligibility for Medicare, or loss of membership in a class eligible for coverage.
For how long is the employee, the employee’s spouse, or the employee’s dependent child entitled to mini-COBRA?	36 months. Individuals who are eligible for fewer than 36 months of federal COBRA coverage may elect mini-COBRA coverage at the end of their maximum federal COBRA period, for total continuation coverage of 36 months.
Who administers mini-COBRA?	Employers are legally responsible for mini-COBRA administration. However, many employers choose to contract administration out to a third-party administrator (TPA).
Who pays for mini-COBRA coverage?	In general, the employee, employee’s spouse, or employee’s dependent child.
How much can the plan charge for mini-COBRA coverage?	Up to 102% of the total premium.
Is there a notice requirement?	Yes. A notice of continuation coverage must be included in each certificate of coverage. In addition, within 14 days of a mini-COBRA-qualifying event or receiving notice of a mini-COBRA-qualifying event from an employee, the employer must notify qualified beneficiaries of their mini-COBRA rights.

Additional requirements may apply. For more information, contact the New York State Department of Financial Services.

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.

Both state and federal law restrict the employment of minors. When state child labor laws differ from federal provisions, an employer must comply with the higher standard. State child labor standards are presented below.

Work Permits & Recordkeeping

Individuals under 18 (“minors”) must show an employment certificate (“working papers”) before they may begin work. School officials issue all working papers, except for child performer permits. The type of certificate issued will depend on the minor’s age and the type of work performed.

An employer must keep working papers on file, at the location where the minor is employed, for as long as the minor remains employed. Upon termination of employment, the papers must be returned to the minor.

Employers must make a schedule—which shows the hours minors start and end work and time allotted for meals—for all minors and post it where workers can see it. The employer can change the hours of work, as long as it posts the changes on the schedule. Minors may work only on the days and at the times posted on the schedule.

Restrictions on Time & Hours Worked

The following chart provides a general overview of the permitted working hour provisions of New York state law relating to minors under 18 years of age. Note that minors of any age may not work during school hours, unless they have graduated or withdrawn from school.

Click here and here to view exceptions to the chart.

	Ages 14 and 15	Ages 16 and 17
When School is in Session	Maximum Daily Hours: 3 hours on school days; 8 hours on other daysMaximum Weekly Hours: 18 hoursMaximum Days per Week: 6Permitted Hours: 7 AM to 7 PM	Maximum Daily Hours: 4 hours on days preceding school days (i.e., Mon., Tues., Weds., Thurs.); 8 hours on Fri., Sat., Sun., and HolidaysMaximum Weekly Hours: 28 hoursMaximum Days per Week: 6Permitted Hours: 6 AM to 10 PM
When School is Not in Session	Maximum Daily Hours: 8 hoursMaximum Weekly Hours: 40 hoursMaximum Days per Week: 6Permitted Hours: 7 AM to 9 PM June 21 to Labor Day	Maximum Daily Hours: 8 hoursMaximum Weekly Hours: 48 hoursMaximum Days per Week: 6Permitted Hours: 6 AM to MidnightThe hours/days for minors aged 16 and 17 not attending school are the same as those listed above.

Note: To work between 10 PM and midnight on a day before a school day, 16- and 17-year olds need written permission from a parent or guardian and a certificate of satisfactory academic standing from their school.

Restrictions on Duties Performed

New York regulates the duties that minors can perform. Click here for a list of state-prohibited occupations for minors under 16 and for minors under 18.

Additional requirements and exceptions may apply. Click here for more information from 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.