Business Owners, Do You Know How Many Employees Trigger Coverage Under New York’s Employment Laws?
In our previous posts, we discussed which major federal and New Jersey employment laws are triggered based upon the number of employees a business has. This post outlines which New York employment laws are triggered as a business grows and hires more employees. To complicate matters, many employers in the New York City metropolitan area have employees working in both New York and New Jersey, so need to comply with the laws of all three jurisdictions, plus potentially New York City’s laws.
One Employee:
The New York Minimum Wage Act - establishes minimum wage for non-exempt employees.
The New York Wage Payment Act - establishes pay frequency requirements for workers.
The New York Wage Theft Prevention Act - requires employers to provide certain pay disclosures to employees and prohibits unauthorized withholdings fro wages.
The New York State Human Rights Law (NYSHRL) - prohibits discrimination against employees based upon numerous protected categories, including, age, creed, disability, domestic violence victim status, gender identity or expression, familial status, marital status, military status, national origin, predisposing genetic characteristics, pregnancy related conditions, prior arrest or conviction record, race or color, sex, or sexual orientation.
The New York Equal Pay Act – prohibits discrimination in wages based upon a protected category.
The New York Paid Sick Leave Law (NYPSLL) – Requires employers with one to four employees to provide up to 40 hours of unpaid sick leave per year (employers with over $1 million in revenues must provide paid leave).
The New York Family Leave Law - requires employers to provide up to 12 weeks of job protected family leave per year and obtain family leave insurance for employees who are out on family leave.
The New York State Whistleblower Law – provides protections against retaliation for whistleblowers.
The New York Unemployment Insurance Law – requires employers to, among other things, pay unemployment taxes.
The New York Workers’ Compensation Law – requires all employers to have workers’ compensation insurance coverage.
Four Employees:
The New York Paid Sick Leave Law (NYPSLL) - requires employers with five to 99 employees to provide up to 40 hours of paid sick leave per year.
100 Employees:
The New York Paid Sick Leave Law (NYPSLL) – requires employers with 100 or more employees to provide up to 56 hours of paid sick leave per year.
As the above shows, with the hiring of just a single employee, a business becomes subject to the majority of New York’s major employment laws. Business in New York City must also comply with the City’s robust employment laws. Business owners should not try to navigate these laws by themselves as mistakes can result in costly lawsuits or violations.
If you are unsure about whether your business needs to (or how it does) comply with certain employment laws, please schedule a complimentary consultation with us through our online scheduling system to discuss how you can avoid expensive employee problems.
Information contained in this blog is provided for informational purposes and does not constitute legal advice or opinion. You should consult with an attorney regarding the specifics of your matter or legal issue.