Labor Laws and Posting Requirements Affecting New York Employers

Under federal laws, as well as the laws of the New York Department of Labor, the Division of Human Rights, and other state agencies, New York employers are required to display certain posters in the workplace to remain in compliance. Employers of certain sizes or in particular industries are subject to additional posting requirements.

In this blog, we’ll give you an overview of New York’s labor law posting requirements. We’ll start with a review of the New York state posting requirements for general employers. Then, we’ll look at the key federal labor laws that also govern New York employers.

New York Labor Laws with Mandatory Posting Requirements

New York Minimum Wage Laws

Effective December 31, 2018, the New York State Department of Labor set the standard minimum wage for miscellaneous industry employees at $11.10 per hour. Higher minimum wages are required in Long Island, Westchester County, and New York City.

What do New York’s various minimum wages mean for New York employers?

All employers in miscellaneous industries are required to post a notice of the various minimum wages for both tipped and non-tipped workers. In New York City, the standard minimum wage for large employers with 11 or more employees is $15.00 per hour, and the standard minimum wage for small employers with 10 or fewer employees is $13.50 per hour. In Long Island and Westchester County, the standard minimum wage is $12.00 per hour.

In addition, New York State has several industry-specific minimum wage orders that may require different minimum wage rates.

 

New York Anti-Discrimination Law

The New York State Human Rights Law prohibits employment discrimination based on race, sex (including pregnancy and childbirth and related medical conditions), religion, age, skin color, disability, genetic characteristics, national origin, military service, gender identity, sexual orientation, marital status, familial status (such as being pregnant or caring for a child under the age of 18), political activities, lawful use of any product or lawful recreational activities (while not at work), prior convictions (except in certain circumstances), prior arrests or criminal accusations, status as a domestic violence victim, and use of a service dog.

New York localities may have additional requirements; for example, New York City prohibits discrimination based on credit history.

What does the New York State Human Rights Law mean for New York employers?

The New York State Division of Human Rights requires all New York employers to post a notice explaining that employment discrimination is prohibited. The poster must also state who is covered by the Human Rights Law and provide contact information to report a violation. The poster must be displayed in both English and Spanish.

 

The New York Correction Law

Effective February 1, 2009, all New York employers are required to post Article 23-A of the New York Correction Law. This law governs the employment of people with at least one criminal conviction.

What does the New York Correction Law mean for New York employers?

In addition to the posting requirement, the law prohibits New York employers from unfair discrimination against prospective or current employees on the basis of one or more criminal convictions. The law also outlines a variety of exceptions and additional factors.

 

Time Off to Vote (April 2019 Update)

New York employers must post a notice outlining employees’ rights to take time off to vote.

What does the voting law mean for New York employers?

In New York, employees who are registered voters may take up to 3 hours off from work to vote without loss of pay. However, employees electing to take time off to vote must notify their employer no later than 2 days before election day. Time off can be taken at the beginning or end of an employee’s shift unless another time is mutually agreed upon.

Federal Employment Laws Affecting New York Employers

Equal Employment Opportunity (EEO) Law

Equal employment opportunity is required under various laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces equal opportunity employment and protects workers against discrimination.  

What does EEO law mean for New York employers?

Similar to the New York State Human Rights Law, federal EEO law prohibits employers from taking adverse action against prospective or current employees based on their race, color, religion, sex (including pregnancy), national origin, age, disability, or genetic information. Federal EEO law requires most employers to post the EEO is the Law poster, which includes information about how employees can file a complaint, and the EEO is the Law poster Supplement.

 

Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) became law in 1993. The FMLA covers all public employers, all public and private elementary and secondary schools, and private companies with 50 or more employees.

What does the FMLA mean for New York employers

The FMLA requires covered employers to grant eligible employees up to 12 weeks of unpaid leave under certain circumstances, including the following:

• For the birth and care of a newborn child of an employee
• For the adoption or foster care placement of a child with an employee
• To care for an employee’s immediate family member who has a serious health condition
• To take medical leave for an employee’s own serious health condition that renders her unable to work

To ensure awareness, the FMLA requires employers to post a notice outlining the employee leave entitlements, benefits, protections, and eligibility requirements provided for in the Act.  

 

Employee Polygraph Protection Act (EPPA)

The EPPA prohibits private employers, in most instances, from asking prospective or current employees to take a lie detector test.

What does the EPPA mean for New York employers?

Covered employers may not take disciplinary action against applicants or employees who refuse to take a lie detector test. Coupled with the New York Correction Law, the EPPA requires New York employers to tread lightly when attempting to dig into an employee’s past.

 

Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) establishes the minimum wage, eligibility for overtime pay, recordkeeping, and child labor standards. One of America’s oldest active labor laws, the FLSA was originally enacted in 1938.

What does the FLSA mean for New York employers?

Private employers and federal, state, and local government employers are governed by the standards established in the FLSA. The FLSA has posting requirements for provisions within the Act, including minimum wage information. Although the federal minimum wage is $7.25 per hour, New York employers are subject to the higher state minimum wages discussed above.

 

Occupational Safety and Health Act

The U.S. government regulates workplace safety for public and private employers. The Occupational Safety and Health Administration (OSHA) is a federal agency established by the Occupational Safety and Health Act of 1970. The U.S. Department of Labor defines OSHA’s mission: “to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance.”

What does the OSHA law mean for New York employers?

The U.S. Department of Labor provides a detailed summary of key employer responsibilities, including compliance inspections and mandatory workplace postings. Covered employers must also keep a log and summary of occupational injuries and illnesses. OSHA law covers all public and most private employers.

 

How to Comply with the New York Labor Law Posting Requirements

New York employers are subject to an ever-expanding list of state and federal required posters. Fortunately, an all-in-one set of federal and New York posters makes it simple for New York employers to stay in compliance with the most recent labor law updates.

This blog highlights some of the labor law posting requirements in New York. Remember that the New York Department of Labor and other state agencies may require additional postings, depending on your industry or the size of your organization.

For more details or questions about your posting requirements under New York law, check out our website or call us at (800) 322-3636.