Answers To Common NY Employment Law Questions

ny-employment-law-faq

What is the minimum wage in the state of New York?

The current minimum wage in the State of New York is $7.25/hour, although there are exceptions for workers who earn tips, farmers, and youth.

What is the minimum employment age of minors?

In theory, the youngest a minor can be employed in the state of New York is 11, as a newspaper carrier. 12-13 yeaer olds can work on a farm. 14-15 year olds can work in certain jobs, such as delivery, behind a counter, or offices, or in street trades.

Employment of minors is usually subject to special rules and may require certain permits. For more details, see the NY Department of Labor’s guide on Child Labor:
http://www.labor.ny.gov/workerprotection/laborstandards/workprot/wphmpg.shtm

What are the rules regarding overtime hours?

Overtime in New York State is calculated based on hours during a payroll week, not based on hours in a work day. Thus overtime pay is not required just because an employee worked more than 8 hours in a day. This applies to all professions and careers, from dental assistants, to respiratory therapists, to lawyers.

Non-residential employees (any employee who isn’t a “live in” worker) is entitlted to 1.5 times their regular hourly salary for any hours over 40 hours worked in a payroll week. For live in workers, 1.5 times wage applies after 44 hours in a payroll week.

Can employers force employees to wear uniforms?

Yes, employers can require that employees wear uniforms and can require that employees pay for the uniform, provided the cost of the uniform doesn’t bring the employee’s wage below

What are the maximum hours in a week that an employer can require employees to work?

In certain occupations and industries, employees must receive at least 24 hours of rest during each calendar week.

Is an employer required to pay for sick days and vacations?

Employers under New York State Labor Law are not required to pay employees for time that’s not actually worked – unless employers have an established policy stating that they will do so.

For more answers to common employment law questions, see the official FAQ at the New York State Department of Labor’s website:
http://www.labor.ny.gov/workerprotection/laborstandards/faq

Important: The above is for general information only and may be outdated or incomplete. It is NOT legal advice and should never be treated as such.

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