If you’re looking for a job in New York City, you need to know your rights and your employer’s obligations under the labor laws in the city. You’ll find that many of these laws apply to almost every industry, from construction to retail. In addition, they govern the minimum wage, paid safe and sick leave, and overtime pay. Below, you’ll find a summary of some of the most important labor laws in the city.
Minimum wage
The minimum wage in New York City has been frozen since 2018. That means that the rate won’t increase to $15 an hour until the state passes legislation. Even though the minimum wage is rising, it hasn’t kept pace with the cost of living and the COVID-19 pandemic. The minimum wage in New York City has barely increased since it was set at $9 per hour in 1996. And the amount that is paid isn’t enough for many working New Yorkers.
Businesses in the city have been a major source of contention regarding minimum wage increases. While large corporations have been in a battle with their employees over a minimum wage of $30 an hour, some business leaders have commended the legislative effort, saying it will help the city rebuild. They’ve also said that the minimum wage increase will bring in needed revenue, which will benefit all New Yorkers. And as a result, the minimum wage has become a hot-button issue.
Paid safe and sick leave
The Paid Safe and Sick Leave law was enacted in April 2014 but has since been amended twice. The September 30, 2020 amendments added additional hours to Safe and Sick Leave and aligned them with New York State law. Starting January 1, 2021, NYC employers must provide employees with 56 hours of paid safe and sick leave per year. However, employers are not required to provide additional hours if the employee leaves for a specified reason, such as a family emergency.
If you use Safe and Sick Leave to care for your sick child, make sure your employer has a written policy to keep track of the amount of time you’ve taken off. Employers can’t require employees to disclose any private information – like their current medical condition or the details of their leaves – to their bosses without prior written consent from the employee. However, they cannot fire employees for reporting violations. Finally, employers must provide a written explanation of how their employees use their leave every pay period.
Overtime pay
The New York Overtime Law determines how much an employee is entitled to for working extra hours. Although many salaried employees are not automatically entitled to overtime pay, most are, as long as they work at least forty hours a week. In addition, employees who work on weekends and holidays are not automatically entitled to overtime pay. This extra pay generally depends on the company policy and may be higher than the law requires.
The process of filing a wage claim is far less complex than filing a lawsuit. An attorney can review your situation and determine whether you are eligible for damages. An attorney can also help you find out if your employer has violated any New York labor laws that require your employees to be paid overtime. If you have been cheated out of overtime pay, contact an attorney immediately to help you recover the money you are owed.
Midday meal break
The New York State Labor Law protects employees in all positions, but certain job designations are a gray area. For example, some job descriptions don’t require employees to take a meal break, while others do. In any event, employers must have a valid one-employee shift agreement, as well as an appropriate one-employee meal break schedule. Some employees would rather not take a break than pay for it.
Under New York state law, employees have the right to at least a half-hour lunch break after working five consecutive hours. Other employers must allow shifters to take a 20-minute break between 5:00 p.m. and 7:00 p.m. In some cases, the employer may opt to reduce the meal period to 15 minutes if they can show that it won’t hurt their productivity.
Protections for minors
In New York City, labor laws protect minors from certain employment practices. For example, minors can’t work for more than eight hours a day or forty hours a week in most jobs. And they cannot work on mechanical equipment. Minors may work in certain jobs on the grounds of a hotel only if they are under the age of sixteen. But even then, they can’t work overnight. This is an important distinction, as a minor can work in some situations, but is not allowed to do dangerous jobs.
Among other things, employers must post a schedule for minors. This schedule must indicate the dates and times the minor will work. It must also contain the hours worked and the deductions made. Employers must display this schedule at their workplace and must keep track of their minor employees’ time daily. Minors must only work during those times and days on their schedule. Otherwise, they are considered to be unpaid.