New York Payroll Laws (2023 Guide For Employers)
This article will answer the following questions about New York payroll laws:
- What is the New York minimum wage?
- How does paid family leave work in New York?
- What protections do employees have in New York?
- How does sick leave work in New York?
- What are the overtime pay regulations in New York?
With access to the right knowledge, employees and employers in New York can begin navigating the complexities of labor laws with ease.
Disclaimer: Despite our best efforts to provide you with accurate information on this topic at the time of writing, we cannot guarantee the accuracy of the content at the time of reading. This blog post is for informational purposes only and should not be considered legal advice. Consult an attorney for specific guidance on New York payroll laws.
Employment Laws in New York State
Timely Payment of Wages & Paychecks
New York labor law mandates that employers pay their employees on a regular basis, with specific timeframes depending on the type of employee.
Manual workers must be paid weekly, while clerical, salespeople, and other non-manual workers can be paid on a bi-weekly or semi-monthly basis.
Employers must establish a regular payday, and they are required to pay their employees no later than seven calendar days after the end of the pay period.
Consequences for late payroll in New York can be severe. Employers may face penalties, including fines and potential criminal charges, for willfully failing to pay employees on time.
If an employer pays late in New York, employees may also file a complaint with the New York State Department of Labor or pursue a private lawsuit to recover their wages, as well as potential damages and attorney’s fees.
Minimum Wage Rates in New York State
The minimum wage in New York State varies depending on the region and employer size.
For example, in New York City, large employers with 11 or more employees must pay a minimum wage of $15.00 per hour.
Smaller employers with 10 or fewer employees must also pay $15.00 per hour.
Employers must ensure that they are complying with these minimum wage rates to avoid penalties and potential legal action.
Overtime Pay Regulations in New York
Under New York Labor Law, employers must pay overtime wages to eligible employees who work more than 40 hours in a workweek.
Overtime pay is calculated at 1.5 times the employee’s regular rate of pay.
Certain employees may be exempt from overtime pay requirements, such as executive, administrative, and professional employees, as well as some independent contractors and salespeople.
It’s essential for employers to understand these exemptions and apply them correctly to avoid potential wage and hour disputes.
Employee Benefits & Protections in New York
Paid Family Leave & Sick Leave
New York State has implemented various leave laws to protect workers, including the New York Paid Family Leave (PFL) program and New York Paid Sick Leave (PSL) law.
PFL provides eligible employees with job-protected, paid leave for qualifying events, such as bonding with a new child, caring for a family member with a serious health condition, or addressing obligations related to a family member’s military deployment.
In 2023, eligible employees can receive up to 12 weeks of PFL benefits, with a maximum of 67% of the state’s average weekly wage.
Under the New York PSL law, employers must provide their employees with paid sick leave based on the size and net income of the employer. Employees can use paid sick leave for various reasons, including personal or family member illness, diagnosis, treatment, or preventive care, as well as addressing issues related to domestic violence, sexual assault, stalking, or human trafficking.
Workers’ Compensation & Occupational Safety
Employers in New York are required to provide workers’ compensation coverage for their employees, which offers benefits for work-related injuries and illnesses.
Additionally, employers must comply with the Occupational Safety and Health Administration (OSHA) regulations to ensure a safe and healthy working environment.
Failure to adhere to these regulations may result in penalties and potential legal action.
Anti-Discrimination & Harassment Protections
New York State and New York City have enacted comprehensive human rights laws that prohibit discrimination and harassment based on various protected categories, such as race, gender, age, disability, and immigration status.
Employers are required to implement policies and procedures to prevent and address instances of discrimination and harassment in the workplace.
Employees who experience such treatment may file a complaint with the appropriate government agency or pursue legal action against their employer.
Special Considerations for Specific Industries & Workers
Food Service Workers & Tip Credits
Food service workers, such as waitstaff and bartenders, are subject to specific regulations regarding their wages and tips.
New York labor law allows employers to take a tip credit toward the minimum wage for tipped employees, provided that the employee’s wages and tips combined meet or exceed the applicable minimum wage rate.
Employers must follow specific tip pooling and tip sharing rules and ensure that they are in compliance with all wage and hour regulations for food service workers.
Prevailing Wage Requirements for Public Work Projects
Contractors and subcontractors working on public work projects in New York State must pay their employees the prevailing wage, which includes the hourly rate, supplements, and overtime pay, as determined by the New York State Department of Labor.
Employers must maintain accurate payroll records and submit certified payroll reports to demonstrate compliance with prevailing wage requirements.
Minors & Employment Regulations
New York Labor Law sets specific rules and restrictions for the employment of minors, including work hour limitations, required work permits, and prohibited occupations.
Employers must ensure that they comply with all regulations regarding the employment of minors to protect the safety and well-being of young workers.
State Law & Labor Standards
New York State labor laws are designed to provide a comprehensive framework for regulating workplace conditions, ensuring fair treatment for workers, and protecting their rights.
These laws encompass a wide range of areas, including labor standards, which govern wages, hours, and conditions of employment, and regulations pertaining to specific industries such as service employees, manual workers, and salespeople.
The FLSA & Employment Contracts (How Does It Work?)
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, and child labor standards. While the FLSA provides a baseline for worker protections, states like New York can implement their own laws that offer additional rights and benefits to workers.
An employment contract, whether written or implied, outlines the terms and conditions under which an employee works for an employer. It is essential for both parties to understand their rights and responsibilities under the FLSA and any applicable New York State labor laws to ensure compliance and minimize potential disputes.
Addressing Sexual Harassment & Disciplinary Action
Sexual harassment is a form of discrimination that is prohibited under both federal and New York State human rights laws.
Employers are required to provide a workplace free from harassment, and employees have the right to report any incidents without fear of retaliation or disciplinary action.
Employers should establish clear policies and procedures for addressing allegations of harassment, and they must take good faith efforts to investigate and resolve complaints in a timely manner.
New York Payroll Laws (Closing Thoughts)
We hope this guide has provided you with some useful insights into New York payroll laws. With a solid understanding of minimum wage, hour laws, overtime pay, and other labor law requirements, employers can avoid legal headaches and pour their attention into productivity and performance.
Disclaimer: Not Legal Advice
This blog post provides a general overview of New York labor laws but does not constitute legal advice. Laws and regulations are subject to change, and there may be additional requirements or exemptions that apply to specific situations. Employers and employees should consult a qualified labor law attorney for advice on their specific circumstances.
If you have any questions about your rights or obligations as an employer or employee in New York, it is essential to consult with a labor law attorney to receive accurate information and guidance tailored to your situation. By seeking professional legal advice, you can ensure that you are taking the appropriate steps to comply with labor laws and protect your rights.
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