🇺🇸 New York EMPLOYMENT LAW — 2026 UPDATE

New York Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 7, 2026
Last Reviewed: January 7, 2026
Applicable Period: 2026
Jurisdiction: State of New York, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Click any item below to jump to the relevant section

Introduction
Employment Law Framework in New York
Employee Rights in New York
Discrimination Laws in New York
Reasonable Accommodations
Employer Obligations in New York
Filing Complaints and Enforcement
Remote Work in New York
2026 Updates and Major Changes
Resources
Frequently Asked Questions

Introduction

New York employment law provides comprehensive protections for workers and establishes clear obligations for employers throughout the state. This guide covers the legal framework governing workplace relationships in New York, including wage and hour laws, discrimination protections, employee rights, and employer responsibilities for 2026.

New York operates under an at-will employment doctrine with significant exceptions. The state has enacted some of the most progressive employment protections in the United States, including comprehensive anti-discrimination laws, paid sick leave requirements, and robust wage and hour standards. These laws apply to most private-sector employers and employees across New York State, with additional protections for New York City workers.

What This Guide Covers:

At-will employment framework and exceptions
Minimum wage rates for 2026
Overtime requirements
Paid sick leave mandates
Protected classes under state and federal law
Discrimination and harassment protections
Reasonable accommodation requirements
Employer posting and compliance obligations
Filing complaints and enforcement procedures
2026 updates and changes

Dual Audience:

This guide serves both employees seeking to understand their workplace rights and employers working to maintain compliance with New York employment laws. Content is presented in neutral, factual terms based on statutory language and official agency guidance.

Primary Sources:

All information is drawn from official government sources, including:

New York State Labor Law
New York State Human Rights Law
New York State Department of Labor
New York State Division of Human Rights
U.S. Department of Labor
Equal Employment Opportunity Commission

Employment Law Framework in New York

1.1 At-Will Employment Doctrine

New York is an at-will employment state. Under this doctrine, employment relationships are presumed to be terminable at any time, by either party, for any reason or no reason, with or without notice, unless an exception applies.

Legal Basis:

While New York does not have a single statute codifying at-will employment, the doctrine is well-established through common law and judicial precedent. New York courts have consistently recognized at-will employment as the default employment relationship.

Source: New York State Department of Labor guidance on employment relationships
Available at: https://dol.ny.gov/labor-standards-0

What At-Will Employment Means:

For Employees:

Can be terminated without warning
Can be terminated without cause
No guaranteed job security absent a contract
Can resign at any time without penalty
No required notice period for resignation

For Employers:

Can terminate employees without providing a reason
Can terminate employees without progressive discipline
Can modify terms of employment at any time
Must still comply with anti-discrimination and anti-retaliation laws
Cannot terminate for illegal reasons

Exceptions to At-Will Employment:

New York recognizes four major exceptions to at-will employment:

1. Contractual Exceptions

Employment contracts can override the at-will presumption. If an employee has a written contract specifying:

Term of employment
Conditions for termination
Required notice periods
“Just cause” termination standards

Then termination must comply with contract terms.

2. Collective Bargaining Agreements

Union members covered by collective bargaining agreements are not at-will employees. Termination must comply with the terms of the agreement, which typically requires:

Just cause for termination
Progressive discipline procedures
Grievance and arbitration processes
Specific notice requirements

Source: New York State Labor Relations Act, New York Labor Law Article 20
Citation: New York Labor Law §§ 700-718
Official text: https://www.nysenate.gov/legislation/laws/LAB/A20

3. Statutory Exceptions (Anti-Discrimination and Anti-Retaliation)

Federal and state laws prohibit termination based on protected characteristics or in retaliation for protected activities.

Protected Characteristics (cannot be basis for termination):

Race, color, national origin, ethnicity
Religion, creed
Sex, gender, pregnancy
Age (18 and over in employment)
Disability
Sexual orientation
Gender identity or expression
Marital status
Familial status
Military status
Domestic violence victim status
Arrest or conviction record (with limitations)
Genetic predisposition or carrier status
Political activities (outside work)

Source: New York State Human Rights Law, New York Executive Law Article 15
Citation: New York Executive Law § 296
Official text: https://dhr.ny.gov/new-york-state-human-rights-law
Last amended: 2023

Protected Activities (retaliation prohibited):

Filing discrimination complaints
Filing wage claims
Reporting workplace safety violations
Taking family or medical leave
Serving on jury duty
Serving in military
Reporting illegal activity (whistleblowing)
Exercising workers’ compensation rights
Reporting workplace violations to government agencies

Source: Various provisions of New York Labor Law and federal statutes
Federal whistleblower protections: 29 U.S.C. § 660(c) (OSHA)
New York whistleblower protection: New York Labor Law § 740
Official text: https://www.nysenate.gov/legislation/laws/LAB/740

4. Public Policy Exception

New York recognizes a limited public policy exception. Employers cannot terminate employees for reasons that violate clearly established public policy, such as:

Refusing to commit an illegal act
Performing a legal duty (e.g., jury duty)
Exercising a statutory right

This exception is narrowly construed by New York courts.

1.2 Labor Law vs. Employment Law: Understanding the Distinction

Employment Law and Labor Law are related but distinct legal frameworks in New York:

Employment Law (Broader Framework):

Employment law governs the individual employment relationship between employers and employees. It covers:

Wage and hour standards
Discrimination and harassment
Wrongful termination
Employee benefits
Workplace safety
Individual employee rights
Non-compete agreements
Employment contracts

Employment law applies to virtually all workers and employers, regardless of union status.

Primary Statute: New York Labor Law
Citation: New York Labor Law (entire code)
Available at: https://www.nysenate.gov/legislation/laws/LAB

Labor Law (Subset of Employment Law):

Labor law specifically governs collective relationships between employers and organized labor, including:

Union organizing and elections
Collective bargaining
Strikes and lockouts
Union unfair labor practices
Employer unfair labor practices
Grievance procedures
Arbitration

Labor law primarily applies to unionized workplaces.

Primary Federal Statute: National Labor Relations Act, 29 U.S.C. § 151 et seq.
Official text: https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act

Primary State Statute: New York State Labor Relations Act
Citation: New York Labor Law Article 20, §§ 700-718
Official text: https://www.nysenate.gov/legislation/laws/LAB/A20

Key Distinction: EMPLOYMENT LAW = Individual worker-employer relationships (all workers)
LABOR LAW = Collective worker-employer relationships (unionized workers)

When Each Applies:

Situation	Applicable Law
Individual wage dispute	Employment Law
Discrimination complaint	Employment Law
Union organizing campaign	Labor Law
Collective bargaining negotiations	Labor Law
Overtime pay violation	Employment Law
Union grievance procedure	Labor Law
Sexual harassment claim	Employment Law
Strike authorization	Labor Law

Terminology Used in This Guide:

This guide uses “employment law” as the primary framework because it encompasses all employment relationships. “Labor law” appears when discussing union-specific matters.

1.3 Right-to-Work Status

New York is NOT a right-to-work state.

Right-to-work laws prohibit union security agreements that require employees to join a union or pay union dues as a condition of employment. New York has not enacted such legislation.

What This Means:

In New York:

Union security agreements are legal
Collective bargaining agreements can require union membership
“Fair share” fees for non-members are legal (subject to federal restrictions)
“Closed shop” arrangements remain prohibited under federal law

Legal Framework:

Federal law under the National Labor Relations Act governs union security agreements. Section 14(b) of the NLRA allows states to prohibit such agreements, but New York has not exercised this option.

Source: National Labor Relations Act, 29 U.S.C. § 164(b)
Official text: https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act

However, New York Labor Law does prohibit certain unfair labor practices, including requiring union membership as a condition of employment in certain circumstances.

Source: New York Labor Law Article 20-A (Labor Management Improper Practices Act)
Citation: New York Labor Law §§ 720-732
Official text: https://www.nysenate.gov/legislation/laws/LAB/A20-A

Employee Rights in New York

2.1 Wage and Hour Rights

New York provides robust wage and hour protections that often exceed federal standards.

Minimum Wage (2026)

New York has a regional minimum wage system with different rates for different areas of the state.

2026 Minimum Wage Rates:

New York City, Long Island (Nassau and Suffolk Counties), and Westchester County:

Current minimum wage: $17.00 per hour
Effective date: January 1, 2026
Previous rate (2025): $16.50 per hour
Increase: $0.50 per hour

Source: New York State minimum wage order
Statutory authority: New York Labor Law Article 19, § 652
Official announcement: https://www.ny.gov/new-york-states-minimum-wage/new-york-states-minimum-wage
Last updated: January 1, 2026

Remainder of New York State:

Current minimum wage: $16.00 per hour
Effective date: January 1, 2026
Previous rate (2025): $15.50 per hour
Increase: $0.50 per hour

Future Increases:

Beginning in 2027, New York’s minimum wage will increase annually based on a three-year moving average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Northeast Region. An “off-ramp” provision allows for suspension of increases under certain economic conditions.

Source: 2023 New York State Budget legislation
Available at: https://www.governor.ny.gov/news/money-your-pocket-governor-hochul-reminds-new-yorkers-minimum-wage-increase-january-1

Special Minimum Wage Rates:

Tipped Employees:

Tipped employees may be paid a lower cash wage with a tip credit, provided the cash wage plus tips equals at least the full minimum wage.

Service Employees (NYC, Long Island, Westchester):

Cash wage: $14.15 per hour
Tip credit: $2.85 per hour
Must receive tips averaging at least $2.85 per hour

Food Service Workers (NYC, Long Island, Westchester):

Cash wage: $11.35 per hour
Tip credit: $5.65 per hour
Must receive tips averaging at least $5.65 per hour

Service Employees (Remainder of State):

Cash wage: $13.30 per hour
Tip credit: $2.70 per hour
Must receive tips averaging at least $2.70 per hour

Food Service Workers (Remainder of State):

Cash wage: $10.70 per hour
Tip credit: $5.30 per hour
Must receive tips averaging at least $5.30 per hour

Source: New York State Department of Labor Hospitality Wage Orders
Available at: https://dol.ny.gov/minimum-wage-0
Effective: January 1, 2026

Federal Minimum Wage:

The federal minimum wage remains $7.25 per hour. Because New York’s state minimum wage exceeds the federal rate, New York employers must pay the higher state minimum wage.

Source: Fair Labor Standards Act, 29 U.S.C. § 206
Official text: https://www.dol.gov/agencies/whd/minimum-wage/state

Overtime Requirements

State Overtime Law:

New York follows federal overtime standards for most employees. Non-exempt employees must receive overtime pay at one and one-half times their regular rate for hours worked over 40 in a workweek.

Source: New York State Department of Labor regulations
Federal authority: Fair Labor Standards Act, 29 U.S.C. § 207
Official text: https://www.dol.gov/agencies/whd/overtime
State guidance: https://dol.ny.gov/overtime

Key Requirements:

Overtime threshold: 40 hours per workweek
Overtime rate: 1.5 times regular rate of pay
Calculation period: Seven consecutive 24-hour periods
No daily overtime: New York does not require daily overtime (unlike California)
No double-time: New York does not mandate double-time pay

Exempt Employees:

Certain employees are exempt from overtime requirements:

Executive, Administrative, and Professional Exemptions:

To qualify for exemption, employees must meet both a salary basis test and a duties test.

2026 Salary Thresholds:

NYC, Long Island, Westchester County:

Minimum salary: $1,237.50 per week ($64,350 per year)
Effective: January 1, 2026

Remainder of New York State:

Minimum salary: $1,199.10 per week ($62,353.20 per year)
Effective: January 1, 2026

Source: New York State Department of Labor wage orders
Regulatory authority: 12 NYCRR Part 142
Available at: https://dol.ny.gov/overtime

Other Exemptions:

Additional exemptions apply to:

Outside sales employees
Certain computer professionals
Licensed professionals (doctors, lawyers, etc.)
Certain agricultural workers
Certain transportation workers

Spread of Hours Pay:

New York requires additional compensation when an employee’s workday spans more than 10 hours.

Requirement: Employees must receive an additional hour of pay at minimum wage if the interval between the beginning and end of their workday exceeds 10 hours.

Source: New York Labor Law § 161
Official text: https://www.nysenate.gov/legislation/laws/LAB/161
DOL guidance: https://dol.ny.gov/spread-hours

Meal and Rest Breaks

Meal Breaks:

New York requires meal breaks for most employees.

Factory Workers:

According to New York Labor Law § 162:

“Every person employed in or in connection with a factory shall be allowed at least sixty minutes for the noonday meal.”

Source: New York Labor Law § 162
Official text: https://www.nysenate.gov/legislation/laws/LAB/162

Non-Factory Workers:

According to New York Labor Law § 162:

Employees who work:

A shift of more than 6 hours starting before 11:00 AM and continuing until after 7:00 PM must receive at least 45 minutes for a meal break between 11:00 AM and 2:00 PM.
A shift of more than 6 hours starting between 1:00 PM and 6:00 AM must receive at least 45 minutes for a meal break midway through the shift.

Source: New York Labor Law § 162
Official text: https://www.nysenate.gov/legislation/laws/LAB/162
DOL guidance: https://dol.ny.gov/meal-periods

Rest Breaks:

New York does not require rest breaks or coffee breaks. If an employer chooses to provide short breaks (typically 5-20 minutes), federal law requires that these breaks be paid.

Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/breaks

Final Paycheck Requirements

Timing:

New York requires prompt payment of final wages upon termination, but the specific timing depends on the circumstances.

Resignation or Voluntary Separation:

According to New York Labor Law § 191:

Employees must be paid by the regular payday for the pay period during which the resignation occurs.

Termination by Employer:

According to New York Labor Law § 191:

Employees must be paid no later than the regular payday for the pay period during which termination occurs.

Source: New York Labor Law § 191
Citation: New York Labor Law § 191(3)
Official text: https://www.nysenate.gov/legislation/laws/LAB/191
Last amended: 2017

Vacation and PTO:

New York does not require employers to pay out accrued vacation or PTO upon termination unless:

Required by company policy
Specified in employment contract
Required by collective bargaining agreement

However, if an employer has a policy or practice of paying out unused vacation, it must do so consistently.

Source: New York State Department of Labor guidance
Available at: https://dol.ny.gov/frequently-asked-questions-about-payment-wages

Wage Theft Protections

Criminal Penalties:

As of September 2023, wage theft is larceny under New York State Penal Law.

Source: New York Penal Law § 155
Effective: September 2023
Available at: https://dol.ny.gov/wage-theft-hub

Civil Remedies:

The New York State Department of Labor can assess:

Unpaid wages
Liquidated damages (equal to unpaid wages)
Interest on unpaid wages
Civil penalties up to 200% of unpaid wages

Wage Notice Requirements:

Employers must provide employees with written notice of wage information at hiring and upon any changes.

Source: New York Labor Law § 195
Official text: https://www.nysenate.gov/legislation/laws/LAB/195
Form: https://dol.ny.gov/system/files/documents/2021/03/ls59.pdf

2.2 Paid Sick Leave

New York State requires employers to provide paid sick leave to employees.

Legal Framework:

According to New York Labor Law § 196-b, effective January 1, 2021:

“Every employer shall provide each employee with sick leave in accordance with the provisions of this section.”

Source: New York Labor Law § 196-b
Official text: https://www.nysenate.gov/legislation/laws/LAB/196-B
Effective date: January 1, 2021
Available at: https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave

Accrual Requirements:

Employees accrue sick leave at a rate of 1 hour for every 30 hours worked.

Annual Amounts and Payment Requirements:

The amount of sick leave and whether it is paid or unpaid depends on employer size and net income:

4 or Fewer Employees:

Net income $1 million or less: Up to 40 hours unpaid sick leave per year
Net income over $1 million: Up to 40 hours paid sick leave per year

5 to 99 Employees:

Up to 40 hours paid sick leave per year

100 or More Employees:

Up to 56 hours paid sick leave per year

Source: New York Labor Law § 196-b
Available at: https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave

Permitted Uses:

Employees may use sick leave for:

Mental or physical illness, injury, or health condition of employee or family member
Diagnosis, care, or treatment of mental or physical illness, injury, or health condition
Preventive medical care for employee or family member
Domestic violence, family offense, sexual offense, stalking, or human trafficking affecting employee or family member

Covered Family Members:

Child (biological, adopted, foster, stepchild, legal ward)
Parent (biological, foster, adoptive, stepparent, legal guardian)
Spouse or domestic partner
Grandchild
Grandparent
Sibling

Source: New York Labor Law § 196-b(1)(c)
Regulatory guidance: 12 NYCRR Part 196
Available at: https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave

Carryover:

Employees may carry over unused sick leave to the following year, but employers may limit:

Annual use to 40 or 56 hours (depending on employer size)
Accrual to 40 or 56 hours (front-loading eliminates carryover obligations)

Source: New York Labor Law § 196-b(2)(d)
Available at: https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave

Paid Prenatal Leave (2025 Addition):

Beginning January 1, 2025, all employers must provide 20 hours of paid prenatal personal leave per 52-week period for pregnancy-related healthcare.

Prenatal leave can be used for:

Physical examinations
Medical procedures related to pregnancy
Monitoring and testing related to pregnancy
Discussions with healthcare providers about pregnancy

Source: New York Labor Law § 196-b, amended 2024
Effective: January 1, 2025
Regulatory guidance: 12 NYCRR Part 196-1
Available at: https://dol.ny.gov/paid-prenatal-personal-leave

Notice and Documentation:

Employers may require:

Reasonable advance notice (not specified in statute)
Documentation for absences of 3+ consecutive workdays
Cannot require disclosure of confidential health information

Anti-Retaliation:

Employers cannot retaliate against employees for:

Using sick leave
Requesting sick leave
Filing complaints about sick leave violations

Source: New York Labor Law § 196-b(6)

2.3 Additional Leave Rights

Paid Family Leave:

New York’s Paid Family Leave program provides job-protected, paid leave for:

Bonding with a new child
Caring for a family member with a serious health condition
Certain military family events

2026 Benefits:

Up to 12 weeks of leave
67% of average weekly wage
Maximum weekly benefit: $1,151.16 (2026)

Source: New York Workers’ Compensation Law Article 9
Available at: https://paidfamilyleave.ny.gov/

Voting Leave:

Employees may take up to 2 hours of paid time off to vote if they do not have sufficient time outside of working hours.

Source: New York Election Law § 3-110
Official text: https://www.elections.ny.gov/VotingTimeOff.html

Jury Duty:

Employers must allow employees time off for jury duty. The first $40 of jury duty pay for the first 3 days offsets employer obligations to pay.

Source: New York Judiciary Law § 519

Bone Marrow and Blood Donation:

Employees may take paid leave for:

Bone marrow donation: 24 hours per year
Blood donation: 3 hours per year (every 4 months)

Source: New York Labor Law § 202-a
Official text: https://www.nysenate.gov/legislation/laws/LAB/202-A

Discrimination Laws in New York

3.1 Overview of Anti-Discrimination Protections

New York provides some of the most comprehensive employment discrimination protections in the United States. State law protections often exceed federal standards, covering more protected classes and applying to employers of all sizes.

Legal Framework:

State Law: New York State Human Rights Law (NYSHRL)
Citation: New York Executive Law Article 15, §§ 290-301
Official text: https://dhr.ny.gov/new-york-state-human-rights-law

Federal Laws:

Title VII of the Civil Rights Act of 1964
Age Discrimination in Employment Act (ADEA)
Americans with Disabilities Act (ADA)
Pregnancy Discrimination Act
Genetic Information Nondiscrimination Act (GINA)

Employer Coverage:

State Law (NYSHRL):

As of February 8, 2020, the NYSHRL applies to all employers in New York State, regardless of size.

Source: New York Executive Law § 292(5), as amended 2019
Effective date: February 8, 2020
Available at: https://dhr.ny.gov/new-workplace-discrimination-and-harassment-protections

Federal Law:

Title VII: 15 or more employees
ADEA: 20 or more employees
ADA: 15 or more employees

3.2 Protected Classes

New York law prohibits employment discrimination based on the following protected characteristics:

According to New York Executive Law § 296:

State-Protected Classes:

Age – Persons 18 years and older are protected against age discrimination in employment
Race – Including traits historically associated with race such as hair texture and hairstyle
Creed (Religion) – Including religious practices and observances
Color
National Origin
Sexual Orientation – Including heterosexuality, homosexuality, bisexuality, asexuality
Gender Identity or Expression – Including appearance, behavior, or other gender-related characteristics
Military Status – Including service in armed forces and veteran status
Sex – Including pregnancy, childbirth, and related medical conditions
Marital Status
Familial Status – Including pregnancy, having children under 18, or obtaining custody
Disability – Physical, mental, or medical conditions that substantially limit major life activities
Arrest or Conviction Record – Limited protections based on:

Arrest record resolved in favor of accused
Adjournment in contemplation of dismissal (ACOD)
Youthful offender records
Sealed convictions

Domestic Violence Victim Status – Status as victim or survivor of domestic violence
Genetic Predisposition or Carrier Status – Genetic test results or predisposition to disease
Citizenship or Immigration Status – Citizenship or immigration status of non-citizens (added December 2022)
Lawful Source of Income – Source of legal income, including housing subsidies (housing context primarily)
Political Activities – Lawful political activities outside the workplace

Source: New York State Human Rights Law
Citation: New York Executive Law § 296
Official text: https://dhr.ny.gov/protected-characteristics
Guidance: https://dhr.ny.gov/discrimination-law
Last amended: 2023

Federal Protected Classes:

According to federal law, the following are protected nationally:

Title VII (42 U.S.C. § 2000e-2):

Race
Color
Religion
Sex (including pregnancy, sexual orientation, and gender identity per 2020 Supreme Court ruling)
National origin

Age Discrimination in Employment Act (29 U.S.C. § 621):

Age 40 and over

Americans with Disabilities Act (42 U.S.C. § 12112):

Disability (as defined by ADA)

Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff):

Genetic information

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/statutes/

3.3 Types of Unlawful Discrimination

New York law prohibits several forms of employment discrimination:

1. Disparate Treatment

Treating employees or applicants differently based on protected characteristics.

Examples:

Refusing to hire qualified applicants due to race
Paying women less than men for equal work
Denying promotions based on age
Terminating employees due to disability

2. Disparate Impact

Neutral policies that disproportionately affect protected groups without business justification.

Examples:

Height/weight requirements that exclude certain groups
Educational requirements not job-related
Testing that disproportionately fails protected classes

3. Harassment

Unwelcome conduct based on protected characteristics that creates a hostile work environment or results in adverse employment action.

According to New York Executive Law § 296(1)(h):

“It shall be an unlawful discriminatory practice for an employer… to engage in any form of threats, reprisal or discrimination against any employee because of such employee’s actual or perceived race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, age or arrest or conviction record.”

Source: New York Executive Law § 296(1)(h)
Official text: https://dhr.ny.gov/law

Standard for Harassment:

The conduct must be severe or pervasive enough to create an abusive working environment. New York law uses a lower threshold than federal law:

According to guidance from the Division of Human Rights:

“Harassment becomes unlawful where enduring the offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”

Source: New York State Division of Human Rights guidance
Available at: https://dhr.ny.gov/new-workplace-discrimination-and-harassment-protections

Affirmative Defense:

New York law provides an affirmative defense if the harassment does not rise above “petty slights or trivial inconveniences.”

Source: New York Executive Law § 296(1)(h)

4. Retaliation

Adverse action against employees for:

Filing discrimination complaints
Participating in investigations
Opposing discriminatory practices
Requesting reasonable accommodations

Retaliation is independently unlawful even if the underlying complaint is not substantiated.

5. Interference with Rights

Obstructing, preventing, or hindering employees from exercising rights under the Human Rights Law.

3.4 Sexual Harassment

New York has comprehensive protections against sexual harassment.

Legal Definition:

According to New York Executive Law § 296(1)(h):

Sexual harassment includes unwelcome conduct of a sexual nature, including:

Unwelcome sexual advances
Requests for sexual favors
Other verbal or physical conduct of a sexual nature

When:

Submission is explicitly or implicitly a term or condition of employment
Submission or rejection affects employment decisions
The conduct creates a hostile work environment

Source: New York Executive Law § 296(1)(h)
Official text: https://dhr.ny.gov/law

Two Types of Sexual Harassment:

1. Quid Pro Quo

Employment benefits conditioned on sexual favors
Threats of adverse action for refusing advances
Requires authority or decision-making power

2. Hostile Work Environment

Severe or pervasive unwelcome sexual conduct
Creates intimidating, hostile, or offensive environment
Can be caused by supervisors, coworkers, or third parties

Employer Liability:

For Supervisor Harassment:

Employers are strictly liable for sexual harassment by supervisors, managers, or anyone with authority over the employee.

Source: New York State Division of Human Rights guidance
Available at: https://dhr.ny.gov/sexual-harassment

For Co-worker or Third-Party Harassment:

Employers are liable if they knew or should have known about the harassment and failed to take appropriate corrective action.

Mandatory Training Requirements:

New York requires all employers to provide sexual harassment prevention training.

Requirements:

Interactive training for all employees
Annual training (once per year)
Training for new hires within time period specified in policy
Minimum content meeting state standards
Training materials in English and primary language of employees

Source: New York Labor Law § 201-g
Official text: https://www.nysenate.gov/legislation/laws/LAB/201-G
Model training: https://dol.ny.gov/sexual-harassment-prevention
Effective: October 9, 2018

Mandatory Policy Requirements:

All employers must:

Adopt written sexual harassment prevention policy
Distribute policy to all employees
Post policy in workplace
Include policy in employee handbook
Provide policy in English and primary language of employees

Model Policy: New York State Department of Labor provides model policies

Available at: https://dol.ny.gov/system/files/documents/2021/03/p420.pdf

3.5 Enforcement and Remedies

Administrative Process:

New York State Division of Human Rights:

The primary enforcement agency for state discrimination laws.

Complaint Filing:

File complaint with Division of Human Rights
Must file within 3 years of discriminatory act (for sexual harassment)
For other discrimination: 1 year for most claims, 3 years for sexual harassment

Source: New York Executive Law § 297(5)
As amended: Effective August 12, 2020 (extended to 3 years for sexual harassment)
Available at: https://dhr.ny.gov/complaint

Investigation Process:

Complaint filed
Notification to respondent (employer)
Investigation by Division
Determination of probable cause
Conciliation attempt
Public hearing (if no settlement)
Order and remedies

Available Remedies:

Back pay and front pay
Compensatory damages (emotional distress, etc.)
Punitive damages (against private employers)
Attorney’s fees and costs
Injunctive relief (reinstatement, policy changes)
Civil penalties and fines

Source: New York Executive Law § 297
Available at: https://dhr.ny.gov/law

Federal Process (EEOC):

Employees can also file with the Equal Employment Opportunity Commission for federal law violations.

Deadlines:

180 days from discriminatory act (extended to 300 days in states with fair employment agencies like New York)

Process:

File charge with EEOC
EEOC investigation
Determination (cause or no cause)
Conciliation attempt
Right to sue letter (if no EEOC litigation)
Private lawsuit in federal court (90 days from right to sue letter)

Source: Title VII, 42 U.S.C. § 2000e-5
EEOC information: https://www.eeoc.gov/filing-charge-discrimination

Private Lawsuits:

State Claims:

Under New York law, complainants can:

File administrative complaint with Division of Human Rights (must exhaust administrative remedies first, with exceptions)
File lawsuit in state court

Federal Claims:

Must file EEOC charge first
Obtain right to sue letter
File lawsuit in federal court within 90 days

Statute of Limitations:

State Law:

Sexual harassment: 3 years
Other discrimination: Review case law and consult attorney

Federal Law:

Generally must file EEOC charge within 180-300 days
Lawsuit after right to sue letter: 90 days

Reasonable Accommodations

4.1 Disability Accommodation Requirements

New York law requires employers to provide reasonable accommodations for employees with disabilities.

Legal Framework:

According to New York Executive Law § 296(3):

“It shall be an unlawful discriminatory practice for any employer… to refuse to make reasonable accommodation to enable a person with a disability to satisfy the essential requisites of a job… unless such employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business.”

Source: New York Executive Law § 296(3)
Official text: https://dhr.ny.gov/law
Last amended: 2022

Definition of Disability:

New York law defines disability broadly:

According to New York Executive Law § 292(21):

“Disability means: (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.”

Source: New York Executive Law § 292(21)
Official text: https://dhr.ny.gov/law

Federal Definition (ADA):

The Americans with Disabilities Act defines disability as:

Physical or mental impairment that substantially limits one or more major life activities
Record of such impairment
Being regarded as having such impairment

Source: Americans with Disabilities Act, 42 U.S.C. § 12102
Official text: https://www.eeoc.gov/statutes/americans-disabilities-act-1990-original-text

4.2 Interactive Process for Accommodation

New York requires employers to engage in an interactive process when an accommodation request is made.

Five-Step Process:

Step 1: Employee Requests Accommodation

Request can be oral or written
Employee need not use specific terminology
Request can come from family member or healthcare provider

Step 2: Employer Initiates Interactive Dialogue

Respond promptly to request
Begin good-faith discussion
Clarify nature of limitation and needed accommodation

Step 3: Gather Information

Request medical documentation if necessary
Determine essential job functions
Identify barriers to performance
Keep medical information confidential

Step 4: Explore Accommodation Options

Consider employee’s preferred accommodation
Identify alternative accommodations
Assess feasibility and effectiveness
Consult with employee throughout process

Step 5: Implement Accommodation

Select reasonable accommodation
Document accommodation provided
Monitor effectiveness
Modify if necessary

Source: New York State Division of Human Rights guidance
Available at: https://dhr.ny.gov/reasonable-accommodations

4.3 Undue Hardship Exception

Employers are not required to provide accommodations that would impose an undue hardship.

Undue Hardship Factors:

According to New York law, undue hardship is determined by considering:

Nature and cost of the accommodation
Overall financial resources of the employer
Overall size of the business
Type of operation, including composition and structure of workforce
Impact on business operations

Source: New York Executive Law § 296(3)
Regulatory guidance: 9 NYCRR § 466.11

Burden of Proof:

The employer bears the burden of proving undue hardship.

Note: Undue hardship is a high standard. Cost alone is rarely sufficient to establish undue hardship unless it would fundamentally alter the business or create significant difficulty.

4.4 Religious Accommodations

Employers must reasonably accommodate employees’ religious beliefs and practices.

Legal Requirement:

According to New York Executive Law § 296(10):

“It shall be an unlawful discriminatory practice for an employer… to refuse to make reasonable accommodation to enable a person to observe his or her Sabbath or other holy days… unless such employer can demonstrate that such accommodation would impose an undue hardship on the operation of its business.”

Source: New York Executive Law § 296(10)
Official text: https://dhr.ny.gov/law

Common Religious Accommodations:

Schedule modifications for religious observances
Flexible dress code for religious attire
Private space for prayer
Excused absences for religious holidays
Dietary accommodations
Modified grooming policies

Undue Hardship for Religious Accommodations:

Religious accommodation undue hardship standard differs from disability accommodation. Employers may show undue hardship if accommodation would:

Impose more than de minimis cost
Compromise workplace safety
Burden coworkers’ rights
Violate seniority system

4.5 Pregnancy Accommodations

New York requires reasonable accommodations for pregnancy-related conditions.

Legal Requirement:

According to New York Executive Law § 296(1)(d):

Employers must provide reasonable accommodations for pregnancy-related conditions when:

Condition is known to the employer
Employee requests accommodation
Accommodation enables performance of job duties
Accommodation does not impose undue hardship

Source: New York Executive Law § 296(1)(d), as amended 2019
Effective: February 8, 2020
Official text: https://dhr.ny.gov/law

Pregnancy-Related Conditions:

Includes:

Pregnancy
Childbirth
Lactation
Related medical conditions

Common Pregnancy Accommodations:

Modified duties or work schedules
Temporary transfer to less strenuous position
Additional breaks
Seating accommodations
Assistance with manual labor
Modified dress code
Lactation breaks and private space (required by federal and state law)

Lactation Accommodation:

According to New York Labor Law § 206-c:

“An employer shall provide reasonable break time, each day, to an employee who needs to express breast milk for her infant child and shall make reasonable efforts to provide a room or other location, in close proximity to the work area, where an employee may express milk in privacy.”

Source: New York Labor Law § 206-c
Official text: https://www.nysenate.gov/legislation/laws/LAB/206-C
Effective: 2007, amended 2019

4.6 How to Request Accommodation

For Employees:

Step 1: Make the Request

Submit request to supervisor, HR, or appropriate personnel
Can be verbal or written
Explain limitation and need for accommodation
May identify specific accommodation if known

Step 2: Provide Information

Provide medical documentation if requested
Cooperate in interactive process
Respond promptly to employer inquiries

Step 3: Participate in Process

Engage in good-faith dialogue
Consider alternative accommodations
Work with employer to find effective solution

Step 4: Follow Up

Ensure accommodation is implemented
Report if accommodation is ineffective
Request modifications if needed

For Employers:

Step 1: Respond Promptly

Acknowledge request immediately
Begin interactive process without delay
Do not wait for formal documentation

Step 2: Request Information

Request only necessary medical documentation
Keep medical information confidential
Do not ask intrusive questions

Step 3: Engage Interactively

Discuss limitations and barriers
Consider employee’s preferred accommodation
Explore alternatives if needed
Document discussions

Step 4: Make Decision

Provide accommodation or explain denial
Document decision and reasons
Implement accommodation promptly
Monitor effectiveness

Step 5: Maintain Confidentiality

Keep medical information in separate file
Limit disclosure to need-to-know basis
Train managers on confidentiality

Employer Obligations in New York

5.1 Required Workplace Postings

New York employers must display numerous mandatory notices in the workplace.

State-Required Postings:

1. Labor Law Poster (LS 606)

Required information:

Minimum wage rates
Overtime rules
Child labor laws
Frequency of pay
Right to file complaints

Source: New York Labor Law § 201
Download: https://dol.ny.gov/system/files/documents/2021/03/ls606.pdf

2. Equal Pay Poster (LS 603)

Required information:

Equal pay requirements
Pay discrimination prohibitions
How to file complaints

Download: https://dol.ny.gov/system/files/documents/2021/03/ls603.pdf

3. Correction of Wage Statement Notice (LS 56)

Required information:

Rights regarding wage statements
How to correct errors

Download: https://dol.ny.gov/system/files/documents/2021/02/ls56.pdf

4. Disability Benefits Notice (DB 271)

Required information:

Disability benefits program
How to file claims

Download: https://www.wcb.ny.gov/content/main/forms/AllForms.jsp

5. Paid Family Leave Rights (PFL-At-A-Glance)

Required information:

Paid family leave benefits
Eligibility requirements

Download: https://paidfamilyleave.ny.gov/system/files/documents/2023/07/pfl-at-a-glance-poster-2023.pdf

6. Paid Sick Leave Notice

Required information:

Sick leave accrual and use
Employee rights

Source: New York Labor Law § 196-b(7)
Download: https://dol.ny.gov/system/files/documents/2021/03/ls606.pdf (included in main labor law poster)

7. Occupational Safety and Health Protection Poster

Required by: New York State Department of Labor
Download: https://dol.ny.gov/safety-and-health-poster-requirements

8. Sexual Harassment Prevention Policy

Requirements:

Must post company policy
Must be included in employee handbook
Must be distributed to all employees

Model policy: https://dol.ny.gov/system/files/documents/2021/03/p420.pdf

9. Human Rights Law Notice

Required information:

Anti-discrimination protections
How to file complaints

Source: New York State Division of Human Rights
Download: https://dhr.ny.gov/sites/default/files/pdf/poster-notice.pdf

Federal-Required Postings:

1. Fair Labor Standards Act (FLSA) Poster

Download: https://www.dol.gov/agencies/whd/posters

2. Equal Employment Opportunity (EEO) Poster

Download: https://www.eeoc.gov/poster

3. OSHA Job Safety and Health Poster

Download: https://www.osha.gov/publications/poster

4. Employee Polygraph Protection Act

Download: https://www.dol.gov/agencies/whd/posters

5. Family and Medical Leave Act (FMLA) Poster (if 50+ employees)

Download: https://www.dol.gov/agencies/whd/posters/fmla

6. Uniformed Services Employment and Reemployment Rights Act (USERRA)

Download: https://www.dol.gov/agencies/vets/programs/userra/poster

7. Employee Rights Under NLRA (most private employers)

Download: https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights-section-7-8a1

Posting Requirements:

Display in conspicuous location
Accessible to all employees
In languages spoken by employees (if required by specific law)
Keep current and updated
Available for remote employees (electronic posting acceptable for some notices)

5.2 New Hire Reporting

Requirement:

All New York employers must report newly hired and rehired employees to the New York State Directory of New Hires.

Source: Social Security Act, 42 U.S.C. § 653a
New York implementation: https://www.nynewhire.com/

Information Required:

Employee name
Address
Social Security Number
Date of hire
Employer name, address, and federal EIN

Reporting Deadline:

Within 20 calendar days of hire date.

Method:

Online at www.nynewhire.com
By mail
By fax
By magnetic tape/electronic file

Available at: https://www.nynewhire.com/

5.3 Recordkeeping Requirements

Payroll Records:

According to New York Labor Law § 195:

Employers must keep records for 6 years containing:

Employee name and address
Employee Social Security Number
Pay rate
Hours worked each day and week
Gross wages
Deductions
Allowances (if any)
Net wages
Date of payment
Pay period covered

Source: New York Labor Law § 195
Official text: https://www.nysenate.gov/legislation/laws/LAB/195

Personnel Records:

Common personnel records maintained by employers include:

Employment applications
Resumes
Offer letters
Performance evaluations
Disciplinary records
Training records
Accommodation requests and responses
Leave requests
Benefit enrollments

Retention Period: Varies by document type; generally 3-7 years

Medical Records:

Must be kept separate from personnel files and maintained confidentially.

Retention: Duration of employment plus 30 years (OSHA requirement)

Source: 29 C.F.R. § 1910.1020
Available at: https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1020

5.4 Form I-9 and E-Verify

Form I-9 Requirements:

All U.S. employers must complete Form I-9 for every employee within 3 business days of hire.

Source: Immigration Reform and Control Act
Form and instructions: https://www.uscis.gov/i-9

Retention:

Keep Form I-9 for the later of:

3 years from date of hire, OR
1 year after employment ends

E-Verify:

E-Verify is voluntary for most New York employers (mandatory for federal contractors).

Information: https://www.e-verify.gov/

5.5 Wage Payment Requirements

Frequency of Payment:

According to New York Labor Law § 191:

Manual workers: Must be paid weekly (within 7 calendar days after end of week)

Railroad workers: Must be paid bi-weekly (within 15 calendar days after end of period)

All other employees:

Semi-monthly (twice per month)
Must be paid within 7 calendar days after end of pay period

Source: New York Labor Law § 191
Official text: https://www.nysenate.gov/legislation/laws/LAB/191

Permissible Deductions:

Employers may deduct from wages only:

Taxes required by law
Court-ordered garnishments
Insurance premiums (with written authorization)
Union dues (with written authorization)
Benefit plan contributions (with written authorization)
Advances of salary (with written authorization)
Other deductions required by law

Source: New York Labor Law § 193
Official text: https://www.nysenate.gov/legislation/laws/LAB/193

Notice of Wage Rate:

Employers must provide written notice of wage rate and pay schedule at hiring using Form LS 54.

Source: New York Labor Law § 195(1)
Form: https://dol.ny.gov/system/files/documents/2021/03/ls54.pdf

Wage Statements:

Employers must provide itemized wage statements each pay period showing:

Dates of work covered
Rate or rates of pay
Gross wages
Deductions
Allowances
Net wages

Source: New York Labor Law § 195(3)
Official text: https://www.nysenate.gov/legislation/laws/LAB/195

5.6 Employer Compliance Checklist

At Hiring:

☐ Complete Form I-9 within 3 business days
☐ Provide notice of wage rate (Form LS 54)
☐ Provide sexual harassment prevention policy
☐ Report new hire to New York State Directory of New Hires
☐ Provide employee handbook (if applicable)
☐ Enroll in required insurance programs
☐ Verify identity and work authorization

Ongoing:

☐ Pay employees timely according to frequency requirements
☐ Provide itemized wage statements each pay period
☐ Maintain required workplace postings
☐ Keep accurate time and payroll records
☐ Calculate and pay overtime correctly
☐ Provide required meal breaks
☐ Track sick leave accrual and use
☐ Maintain separate medical records confidentially
☐ Respond to accommodation requests promptly
☐ Provide annual sexual harassment training
☐ Update postings when laws change

Upon Separation:

☐ Pay final wages by required deadline
☐ Provide information about COBRA (if applicable)
☐ Provide information about unemployment benefits
☐ Return personal property
☐ Conduct exit interview (optional)
☐ Preserve personnel records per retention schedules

Filing Complaints and Enforcement

6.1 When to File a Complaint

Employees may file complaints for the following violations:

Unpaid wages or overtime
Wage deductions that violate law
Minimum wage violations
Discrimination or harassment
Retaliation for protected activity
Denied reasonable accommodation
Wrongful termination
Unsafe working conditions
Violations of leave rights
Breach of employment contract

Important: Most complaints have strict filing deadlines. Act promptly to preserve your rights.

6.2 New York State Department of Labor (Wage and Hour Claims)

When to File:

Unpaid wages
Unpaid overtime
Minimum wage violations
Improper deductions
Wage theft
Final paycheck issues
Meal break violations

How to File:

Online: File complaint at https://dol.ny.gov/labor-standards-complaints

By Phone: 1-888-4NYSDOL (1-888-469-7365)

By Mail:
Download claim form (LS 223): https://dol.ny.gov/system/files/documents/2021/03/ls223.pdf
Mail to:
New York State Department of Labor
Division of Labor Standards
Building 12, Room 266B
State Office Campus
Albany, NY 12240

Filing Deadline:

6 years from wage violation under New York Labor Law

Source: New York Labor Law § 663
Official text: https://www.nysenate.gov/legislation/laws/LAB/A19

Investigation Process:

File complaint
DOL reviews and investigates
Employer notified and required to respond
DOL makes determination
DOL may order payment of wages, damages, and penalties
Employer can appeal to Industrial Board of Appeals
DOL can file criminal referral for wage theft

Criminal Penalties:

As of September 2023, wage theft is larceny and subject to criminal prosecution.

Source: New York Penal Law § 155
Information: https://dol.ny.gov/wage-theft-hub

Available Remedies:

Unpaid wages
Liquidated damages (equal to unpaid wages)
Interest
Civil penalties up to 200% of unpaid wages
Attorney’s fees (if private lawsuit)

Contact:
Phone: 1-888-469-7365
Website: https://dol.ny.gov/labor-standards-0

6.3 New York State Division of Human Rights (Discrimination Claims)

When to File:

Discrimination based on protected class
Harassment (including sexual harassment)
Retaliation for opposing discrimination
Denied reasonable accommodation
Discriminatory hiring, firing, or terms of employment

How to File:

Online: File complaint at https://dhr.ny.gov/complaint

By Phone: 1-888-392-3644

By Mail:
New York State Division of Human Rights
One Fordham Plaza, 4th Floor
Bronx, NY 10458

Regional Offices: https://dhr.ny.gov/contact-us

Filing Deadlines:

According to New York Executive Law § 297:

Sexual harassment: 3 years from discriminatory act
Other discrimination: Check with Division (1 year for many claims under previous law; consult attorney)

Source: New York Executive Law § 297(5)
As amended: August 12, 2020 (extended to 3 years for sexual harassment)
Official text: https://dhr.ny.gov/law

Investigation Process:

File verified complaint
Complaint reviewed for jurisdiction
Respondent (employer) notified
Investigation conducted
Probable cause determination
Conciliation attempted
Public hearing (if no settlement)
Commissioner issues order
Appeal available

Available Remedies:

Back pay and front pay
Compensatory damages (emotional distress)
Punitive damages (private employers only)
Injunctive relief (reinstatement, policy changes)
Attorney’s fees and costs
Civil penalties

Contact:
Phone: 1-888-392-3644
Website: https://dhr.ny.gov/
Complaint portal: https://dhr.ny.gov/complaint

6.4 Equal Employment Opportunity Commission (Federal Claims)

When to File:

Discrimination based on federal protected classes
Federal law violations (Title VII, ADA, ADEA, GINA)
Employers with interstate operations
Concurrent filing with state claim

How to File:

Online: Public portal at https://publicportal.eeoc.gov/Portal/Login.aspx

By Phone: 1-800-669-4000 (English)
1-800-669-6820 (TTY)
1-844-234-5122 (ASL video phone)

In Person: Schedule appointment at EEOC office
New York District Office:
33 Whitehall Street, 5th Floor
New York, NY 10004

Filing Deadline:

300 days from discriminatory act in states with fair employment agencies (like New York)
180 days in states without such agencies

Source: Title VII, 42 U.S.C. § 2000e-5(e)
Official text: https://www.eeoc.gov/laws/statutes/titlevii.cfm

Investigation Process:

File charge of discrimination
EEOC notifies employer
Investigation conducted
EEOC determines cause or no cause
If cause: Conciliation attempted
If no settlement: EEOC may litigate or issue right to sue letter
Claimant can file lawsuit in federal court

Right to Sue:

Employee receives “right to sue” letter allowing private lawsuit in federal court. Must file lawsuit within 90 days of receiving letter.

Contact:
Phone: 1-800-669-4000
Website: https://www.eeoc.gov/
File charge: https://www.eeoc.gov/filing-charge-discrimination

6.5 Occupational Safety and Health Administration (Safety Complaints)

When to File:

Unsafe working conditions
Lack of required safety equipment
Exposure to hazards
Retaliation for safety complaints

How to File:

Online: https://www.osha.gov/workers/file-complaint

By Phone: 1-800-321-OSHA (6742)

OSHA Albany Area Office:
401 New Karner Road, Suite 300
Albany, NY 12205
Phone: (518) 464-4338

Other New York OSHA Offices:
Syracuse, Buffalo, Long Island, Manhattan, Tarrytown, West Seneca

Filing Deadline:

30 days for retaliation complaints
No deadline for safety hazard complaints (file immediately for imminent danger)

Contact:
Phone: 1-800-321-6742
Website: https://www.osha.gov/

6.6 Private Lawsuits

Employees may file private lawsuits in court for certain claims:

State Court:

Breach of contract
Wage and hour claims (alternative to DOL)
Discrimination claims (under certain circumstances)
Wrongful termination
Common law claims

Federal Court:

Federal discrimination claims (after EEOC right to sue)
Federal wage and hour claims (FLSA)
Federal retaliation claims

Consult Attorney: Private lawsuits require legal representation in most cases.

6.7 Information About Filing Complaints

Documentation:

Complainants typically provide:

Copies of pay stubs
Emails and text messages
Dates, times, and witness information
Performance reviews
Photographs of workplace conditions
Recorded conversations (New York is a one-party consent state for recording)

Timing:

Complaints are subject to statutory deadlines:

File before deadlines expire
Internal reporting may be required or advisable depending on circumstances
Evidence gathering should not delay filing beyond deadlines

Agency Selection:

Wage issues → DOL
Discrimination → Division of Human Rights or EEOC
Safety issues → OSHA
Multiple violations may be filed with multiple agencies

Legal Representation:

Employment attorneys can provide legal advice
Many attorneys offer free consultations
Legal aid organizations serve low-income workers

Anti-Retaliation Protections:

Employees filing complaints are protected from retaliation:

Managers cannot retaliate against complainants
Employees may continue work duties during investigation
Retaliation itself is a violation of law
Anti-retaliation protections are enforced by agencies

6.8 Complaint Filing Quick Reference

Issue Type	Agency	Phone	Website	Deadline
Unpaid wages	NYS DOL	888-469-7365	dol.ny.gov	6 years
Discrimination	NYS Division of Human Rights	888-392-3644	dhr.ny.gov	3 years (sexual harassment), 1 year (other)*
Federal discrimination	EEOC	800-669-4000	eeoc.gov	300 days
Safety hazard	OSHA	800-321-6742	osha.gov	Immediate (30 days for retaliation)
Unemployment	NYS DOL	888-209-8124	labor.ny.gov/unemploymentassistance	Immediately after separation

Remote Work in New York

Remote work arrangements in New York are primarily governed by individual employer policies and employment agreements. New York does not have a general statutory “right to work remotely,” but several employment laws apply to remote workers.

7.1 Key Remote Work Considerations

Wage and Hour Compliance:

Remote employees are entitled to:

Minimum wage (based on employee’s work location in New York)
Overtime pay for hours over 40 per week
Meal breaks if applicable
Accurate time tracking
Proper classification (employee vs. independent contractor)

Source: New York Labor Law applies regardless of work location
Available at: https://dol.ny.gov/labor-standards-0

Workplace Safety:

OSHA requirements generally apply to home offices under employer control.

Source: Occupational Safety and Health Act
Available at: https://www.osha.gov/

Workers’ Compensation:

Remote employees injured while performing work duties may be eligible for workers’ compensation benefits.

Source: New York Workers’ Compensation Law
Available at: https://www.wcb.ny.gov/

Disability and Reasonable Accommodation:

Employers must provide reasonable accommodations to remote workers with disabilities, including:

Ergonomic equipment
Modified schedules
Assistive technology
Accessible communication platforms

Reimbursement of Expenses:

New York does not have a general requirement for employers to reimburse remote work expenses. Employers may:

Review company policies
Consider union contract provisions
Be aware of potential federal tax implications
Document business expense policies

Privacy Concerns:

Employers monitoring remote workers must be aware of:

Electronic monitoring laws
Privacy expectations
Notice requirements
Consent requirements

7.2 Return-to-Office (RTO) Mandates

Employers generally have the right to require employees to return to the office, subject to:

Contractual Obligations:

Review employment contracts
Check company policies
Consider union agreements

Reasonable Accommodations:

Must accommodate disabilities
Must accommodate religious observances
Must accommodate pregnancy-related conditions

Advance Notice:

Provide reasonable advance notice
Allow time for adjustment
Document communications

Anti-Retaliation:

Cannot retaliate for accommodation requests
Cannot target protected classes
Must apply policies consistently

7.3 Remote Work Resource

For comprehensive information on remote work rights and employer obligations, including state-by-state comparisons and federal regulations, consult specialized remote work resources and legal counsel.

New York employment laws apply to all employees regardless of work location, and remote arrangements must comply with all applicable wage, hour, discrimination, and accommodation requirements.

New York Remote Work Laws

2026 Updates and Major Changes

8.1 Minimum Wage Increases (Effective January 1, 2026)

NYC, Long Island, Westchester:

New rate: $17.00 per hour (increase of $0.50)

Remainder of New York State:

New rate: $16.00 per hour (increase of $0.50)

Source: New York State minimum wage order
Available at: https://www.ny.gov/new-york-states-minimum-wage/new-york-states-minimum-wage
Announced: December 2025

Exempt Salary Thresholds (2026):

NYC, Long Island, Westchester:

Executive/Administrative employees: $1,237.50 per week ($64,350 annually)

Remainder of New York State:

Executive/Administrative employees: $1,199.10 per week ($62,353.20 annually)

Tipped Employee Rates: See Section 2.1 for complete 2026 tipped wage rates.

8.2 Trapped at Work Act (Effective December 19, 2025)

New Prohibition on Employment Promissory Notes:

On December 19, 2025, Governor Hochul signed the Trapped at Work Act into law, prohibiting employers from requiring “employment promissory notes” as a condition of employment.

Legal Framework:

According to New York Labor Law Article 37, § 1050-1055:

“No employer shall require, as a condition of employment, any worker or prospective worker to execute an employment promissory note.”

Source: New York Labor Law Article 37
Citation: New York Labor Law §§ 1050-1055
Signed: December 19, 2025
Effective: Immediately (December 19, 2025)
Official text: https://www.nysenate.gov/legislation/bills/2025/S4070

Definition of Employment Promissory Note:

According to Section 1050:

“Employment promissory note means any instrument, agreement, or contract provision that requires a worker to pay an employer, or the employer’s agent or assignee, if the worker leaves employment before the passage of a stated period of time.”

What is Prohibited:

Training reimbursement agreements (TRAP agreements)
“Stay or pay” provisions
Early departure penalties
Agreements requiring repayment for leaving before specified time
Clawback provisions tied to continued employment

Permitted Exceptions:

The law does NOT prohibit agreements requiring repayment of:

Sums advanced to workers (not used for training)
- Sign-on bonuses may be permitted
- Relocation expenses may be permitted
- Salary advances
Property sold or leased to workers
- Equipment purchased by employee
- Property transactions
Educational institution sabbaticals
- Agreements with educational employers
- Sabbatical compensation arrangements
Collective bargaining agreements
- Negotiated union contracts
- Terms agreed through collective bargaining

Source: New York Labor Law § 1052(2)

Enforcement and Penalties:

Civil penalties: $1,000 to $5,000 per violation
Enforced by: New York State Department of Labor
No private right of action for employees
Employers who sue to enforce void notes: liable for employee’s attorney fees

Source: New York Labor Law § 1054

Employer Compliance Considerations:

To comply with the Trapped at Work Act, employers may need to:

☐ Review all employment agreements
☐ Remove prohibited promissory note provisions
☐ Update offer letter templates
☐ Revise training agreements
☐ Review bonus clawback provisions
☐ Update HR policies
☐ Train HR personnel
☐ Consult legal counsel for complex arrangements

Unanswered Questions:

The law’s language leaves several questions:

Retroactive application to existing agreements?
Exact scope of “sums advanced” exception?
Treatment of retention bonuses?
Stock option vesting tied to employment?

The New York State Department of Labor Commissioner may issue implementing regulations to clarify these issues.

8.3 Expanded NYC Earned Safe and Sick Time Act (Effective February 22, 2026)

Major Changes for New York City Employers:

Effective February 22, 2026, New York City significantly expands the Earned Safe and Sick Time Act (ESSTA).

New Unpaid Leave Bank:

Employers must provide 32 hours of unpaid safe and sick time:

Available immediately upon hire
Front-loaded at start of each calendar year
Separate from paid sick leave requirements
Available immediately (no accrual period)
No carryover requirement

Expanded Covered Uses:

New qualifying reasons for safe/sick time use:

Public Disaster Closures
- Workplace closed by public official order
- Public disaster includes: fire, explosion, terrorist attack, severe weather
- Presidential, Governor, or Mayor declaration
Public Disaster Travel Restrictions
- Public official directs people to remain indoors
- Public official directs people to avoid travel
- Employee unable to report to work
School/Child Care Closures
- Child’s school restricted in-person operations
- Child care provider closed
- Due to public disaster or public health emergency
Caregiving for Minor or Care Recipient
- General caregiving needs
- Not limited to illness
Legal Proceedings for Subsistence Benefits
- Attending proceedings for housing or benefits
- Applying for benefits
- Maintaining benefits

Paid Prenatal Leave Codification:

The 20-hour paid prenatal leave requirement (previously in regulations) is now formally codified in the ESSTA statute.

Modified Temporary Schedule Change Law:

The NYC Temporary Schedule Change Law is narrowed:

No longer guarantees two temporary schedule changes per year
Previously covered events now incorporated into ESSTA
Employees retain right to request temporary changes
Employer not required to grant requests (but must respond)

Source: New York City Earned Safe and Sick Time Act, as amended October 2025
Effective: February 22, 2026
Available at: https://www.nyc.gov/site/dca/workers/workersrights/Paid-Safe-and-Sick-Leave-Law.page

NYC Employer Compliance Considerations:

To comply with the expanded ESSTA, NYC employers may need to:

☐ Create separate 32-hour unpaid leave bank
☐ Front-load 32 hours at hire and January 1
☐ Update leave tracking systems
☐ Revise leave policies
☐ Train managers on expanded uses
☐ Update employee notices
☐ Modify payroll systems
☐ Review TSCA procedures

8.4 Consumer Credit History Ban (Effective April 18, 2026)

New Restrictions on Credit Checks:

Effective April 18, 2026, New York restricts employer use of consumer credit history in employment decisions.

According to New York General Business Law, as amended December 2025:

Employers cannot request or use consumer credit history when making employment decisions, except for specified exemptions.

Source: Senate Bill S3072/Assembly Bill A1316
Signed: December 19, 2025
Effective: April 18, 2026 (120 days after signing)

Covered Employment Decisions:

Hiring
Termination
Promotion
Demotion
Discipline
Compensation
Terms, conditions, or privileges of employment

Permitted Exceptions:

Credit checks remain permissible for positions involving:

Security and Law Enforcement
- Police and peace officers
- Law enforcement positions
- Security personnel (certain positions)
Financial Authority
- Authority to enter financial agreements of $10,000+
- Fiduciary responsibilities to employer
- Signatory authority on accounts
Financial Services
- Positions requiring bonding or insurance
- Securities industry positions (FINRA requirements)
- Certain banking positions
Access to Sensitive Information
- Trade secrets or confidential information
- Authority to modify digital security systems
- Access to employer or client databases
Other Specified Positions
- Non-clerical accounting positions
- Positions with spending authority
- Certain healthcare positions

Source: New York General Business Law Article 25-A, as amended

Employer Compliance Considerations:

To comply with credit history restrictions effective April 18, 2026, employers may need to:

☐ Review background check processes
☐ Remove credit check requirements (unless exempted)
☐ Update job descriptions and posting requirements
☐ Train hiring managers
☐ Revise vendor contracts with background check providers
☐ Document exemption justifications (if applicable)
☐ Implement compliance by deadline: April 18, 2026

8.5 Other Notable Changes for 2026

Reasonable Accommodation Anti-Retaliation Act (Effective December 5, 2025):

Clarifies that requesting reasonable accommodation is protected activity under the NYSHRL.

Source: New York Executive Law § 296, as amended
Signed: December 5, 2025
Effective: Immediately

Disparate Impact Codification (Effective December 2025):

New York State Human Rights Law now explicitly recognizes disparate impact discrimination.

Source: New York Executive Law § 296, as amended
Signed: December 2025
Effective: Immediately

8.6 How to Stay Updated

Official Government Sources:

New York State Department of Labor:

Website: https://dol.ny.gov/
Subscribe: https://dol.ny.gov/email-and-text-updates
Phone: 1-888-469-7365

New York State Division of Human Rights:

Website: https://dhr.ny.gov/
Phone: 1-888-392-3644

Governor’s Office:

Press releases: https://www.governor.ny.gov/news
Bill signings: https://www.governor.ny.gov/

New York State Legislature:

Bill tracking: https://www.nysenate.gov/legislation
Session updates: https://www.nysenate.gov/

Quarterly Review Schedule:

This guide follows a quarterly review schedule:

Q1 2026: April review
Q2 2026: July review
Q3 2026: October review
Q4 2026: January 2027 review

Major changes (legislative amendments, court decisions, regulatory updates) will be incorporated immediately between scheduled reviews.

Resources

10.1 New York State Agencies

New York State Department of Labor

Main Office:
Building 12
State Office Campus
Albany, NY 12240

Phone: 1-888-469-7365 (1-888-4NYSDOL)
TTY: 1-877-662-4909
Website: https://dol.ny.gov/

Services:

Wage and hour complaints
Unemployment insurance
Paid family leave
Disability benefits
Labor standards enforcement
Workplace safety
Apprenticeship programs

Hours: Monday-Friday, 8:30 AM – 4:30 PM

New York State Division of Human Rights

Main Office:
One Fordham Plaza, 4th Floor
Bronx, NY 10458

Phone: 1-888-392-3644
TTY: 711
Website: https://dhr.ny.gov/
File Complaint: https://dhr.ny.gov/complaint

Regional Offices:

Albany: (518) 474-2705
Binghamton: (607) 721-8467
Buffalo: (716) 847-7632
Manhattan: (212) 961-8650
Peekskill: (914) 788-8050
Rochester: (585) 238-8250
Syracuse: (315) 428-4633

Services:

Discrimination complaints
Sexual harassment complaints
Housing discrimination
Public accommodation complaints
Investigation and enforcement
Mediation and conciliation

Hours: Monday-Friday, 9:00 AM – 5:00 PM

New York State Workers’ Compensation Board

Phone: 1-877-632-4996
Website: https://www.wcb.ny.gov/

Services:

Workers’ compensation claims
Disability benefits
Employer compliance

New York State Paid Family Leave

Phone: (844) 337-6303
Website: https://paidfamilyleave.ny.gov/

Services:

Paid family leave benefits
Employee eligibility
Claim filing

10.2 Federal Agencies

U.S. Equal Employment Opportunity Commission (EEOC)

New York District Office:
33 Whitehall Street, 5th Floor
New York, NY 10004

Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov/
File Charge: https://publicportal.eeoc.gov/

Services:

Federal discrimination charges
Title VII, ADA, ADEA, GINA enforcement
Mediation services

U.S. Department of Labor, Wage and Hour Division

New York District Office:
201 Varick Street, Room 983
New York, NY 10014

Phone: (212) 337-2325
Website: https://www.dol.gov/agencies/whd

Services:

Federal wage and hour violations
FLSA enforcement
FMLA enforcement
FLSA overtime complaints

Occupational Safety and Health Administration (OSHA)

Albany Area Office:
401 New Karner Road, Suite 300
Albany, NY 12205

Phone: (518) 464-4338
24-Hour Hotline: 1-800-321-6742
Website: https://www.osha.gov/

Services:

Workplace safety complaints
Hazard reporting
Safety violations
Retaliation complaints

Other New York OSHA Offices:
Buffalo, Long Island, Manhattan, Syracuse, Tarrytown, West Seneca

National Labor Relations Board (NLRB)

Region 2 (New York):
26 Federal Plaza, Room 3614
New York, NY 10278

Phone: (212) 264-0300
Website: https://www.nlrb.gov/

Services:

Union organizing
Unfair labor practices
Collective bargaining disputes

10.3 New York City Agencies (For NYC Employees Only)

NYC Department of Consumer and Worker Protection

Phone: 311 (within NYC) or (212) 639-9675
Website: https://www.nyc.gov/site/dca/workers/workersrights/workers-rights.page

Services:

Earned sick and safe time enforcement
Wage theft
Commuter benefits
Workplace protections

NYC Commission on Human Rights

Phone: (212) 416-0197
Website: https://www.nyc.gov/site/cchr/index.page

Services:

NYC Human Rights Law enforcement
Discrimination complaints
Sexual harassment

10.4 Legal Assistance Resources

Legal Aid Society – Employment Law Unit

Phone: (212) 577-3300
Website: https://legalaidnyc.org/

Services: Free legal services for low-income individuals

New York State Bar Association

Phone: (518) 463-3200
Website: https://nysba.org/

Services: Lawyer referral service

Volunteer Lawyers for Justice

Phone: (973) 645-1955
Website: https://www.vljnj.org/

Services: Pro bono legal assistance

Workers’ Rights Clinic (Various Law Schools)

Many New York law schools operate workers’ rights clinics providing free legal assistance:

CUNY School of Law
Columbia Law School
Fordham Law School
New York University School of Law

10.5 Additional Resources

New York State Bar Association – Employment Law Section:
https://nysba.org/sections/labor-employment-law/

Cornell University – Worker Institute:
https://www.ilr.cornell.edu/worker-institute

New York State AFL-CIO:
https://nysaflcio.org/

National Employment Law Project:
https://www.nelp.org/

Workplace Fairness:
https://www.workplacefairness.org/

10.6 Updates and Monitoring

How to Stay Informed:

Subscribe to Agency Updates:

NYS DOL email updates: https://dol.ny.gov/email-and-text-updates
NYS Division of Human Rights: https://dhr.ny.gov/
EEOC updates: https://www.eeoc.gov/newsroom

Monitor Legislation:

NY State Senate: https://www.nysenate.gov/legislation
NY State Assembly: https://nyassembly.gov/leg/
Governor’s press releases: https://www.governor.ny.gov/news

Professional Resources:

Employment law newsletters
Bar association updates
HR professional associations
Legal news services

Frequently Asked Questions - New York Employment Law

Q1: What is employment law in New York?

Employment law in New York is the body of laws, regulations, and court decisions that govern the relationship between employers and employees. It covers wages, hours, discrimination, termination, benefits, workplace safety, and employee rights. New York employment law includes both state statutes (primarily the New York Labor Law and Human Rights Law) and federal laws (such as Title VII, FLSA, ADA, and FMLA).

Q2: What is the difference between labor law and employment law in New York?

Employment law governs individual employment relationships and applies to all workers regardless of union status. It covers wages, discrimination, wrongful termination, and individual rights. Labor law specifically governs collective relationships between employers and organized labor unions, including collective bargaining, strikes, and union elections. In New York, employment law is the broader framework, while labor law is a subset dealing with unionized workplaces.

Q3: Is New York an at-will employment state?

Yes, New York is an at-will employment state. This means that employment relationships are generally terminable at any time, by either party, for any reason or no reason, with or without notice. However, significant exceptions exist, including contractual agreements, collective bargaining agreements, anti-discrimination laws, anti-retaliation statutes, and public policy exceptions. Employers cannot terminate employees for illegal reasons even though employment is at-will.

Q4: What is the minimum wage in New York in 2026?

As of January 1, 2026, the minimum wage in New York is $17.00 per hour in New York City, Nassau County, Suffolk County, and Westchester County. In the remainder of New York State, the minimum wage is $16.00 per hour. These rates increased by $0.50 per hour from 2025 levels. Tipped employees have different cash wage requirements with tip credits. Beginning in 2027, minimum wage will increase annually based on a regional Consumer Price Index formula.

Q5: Does New York require overtime pay?

Yes, New York requires overtime pay for non-exempt employees. Covered employees must receive one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. New York follows federal overtime standards under the Fair Labor Standards Act. Certain employees are exempt from overtime, including executive, administrative, and professional employees who meet both salary and duties tests. New York does not require daily overtime or double-time pay.

Q6: What are the meal and rest break requirements in New York?

New York requires meal breaks but does not mandate rest breaks. Factory workers must receive at least 60 minutes for a noonday meal. Non-factory workers must receive at least 45 minutes for a meal break under certain circumstances: if working a shift of more than 6 hours starting before 11 AM and continuing past 7 PM, the meal break must occur between 11 AM and 2 PM. For shifts starting between 1 PM and 6 AM and lasting more than 6 hours, a 45-minute meal break must be provided midway through the shift. Rest breaks (coffee breaks) are not required by New York law, but if provided, breaks under 20 minutes must be paid.

Q7: What are my employee rights regarding wages in New York?

New York employees have the right to receive at least minimum wage for all hours worked, overtime pay for hours over 40 per week, timely payment of wages on scheduled paydays, itemized wage statements each pay period, proper classification as employee or independent contractor, meal breaks as required by law, protection against illegal wage deductions, payment of final wages upon termination, and the right to file complaints for wage violations without retaliation. Wage theft is now a criminal offense in New York as of September 2023.

Q8: Can my employer fire me for any reason in New York?

Generally yes, because New York is an at-will employment state. However, employers cannot terminate employees for illegal reasons, including discrimination based on protected characteristics like race, sex, age, disability, religion, sexual orientation, gender identity, and other protected classes; retaliation for filing complaints, taking leave, or exercising legal rights; violation of public policy such as refusing to commit illegal acts or serving on jury duty; breach of employment contract; or violation of collective bargaining agreements. Even though employment is at-will, many exceptions protect employees from wrongful termination.

Q9: How do I file a discrimination complaint in New York?

To file a discrimination complaint in New York, you can file with the New York State Division of Human Rights online at https://dhr.ny.gov/complaint, by phone at 1-888-392-3644, or by mail. You can also file with the federal Equal Employment Opportunity Commission online at https://publicportal.eeoc.gov/, by phone at 1-800-669-4000, or in person at an EEOC office. The deadline to file with the Division of Human Rights is 3 years for sexual harassment claims and varies for other discrimination (often 1 year under previous law, consult attorney). For EEOC, you have 300 days from the discriminatory act in states with fair employment agencies like New York. You can file with both agencies simultaneously.

Q10: Can I request remote work as a reasonable accommodation in New York?

Yes, you may request remote work as a reasonable accommodation for a disability, pregnancy-related condition, or religious observance. Employers must engage in an interactive process to determine if remote work is a reasonable accommodation that would enable you to perform essential job functions without imposing undue hardship on the employer. Remote work accommodations are evaluated case-by-case based on job duties, operational needs, and the nature of your condition. Not all positions can be performed remotely, but employers must seriously consider remote work requests as potential accommodations. Document your request in writing and be prepared to provide medical documentation if requested.

Q11: What are employer obligations in New York?

New York employers have numerous obligations, including paying at least minimum wage and overtime, providing required meal breaks, maintaining accurate time and payroll records for 6 years, posting required labor law notices in the workplace, providing sexual harassment prevention training annually, adopting written sexual harassment policies, providing paid sick leave based on company size, enrolling in state disability and paid family leave programs, reporting new hires to the New York State Directory of New Hires within 20 days, complying with anti-discrimination laws, providing reasonable accommodations for disabilities, pregnancy, and religion, maintaining safe workplaces, paying wages on scheduled paydays, providing itemized wage statements, and not retaliating against employees for exercising rights. Employers must also comply with federal requirements including OSHA safety standards, Form I-9 verification, and federal anti-discrimination laws.

Q12: What workplace posters are required in New York?

New York employers must display numerous mandatory posters, including the Labor Law Poster with minimum wage, overtime, and child labor information, Equal Pay Poster, Correction of Wage Statement Notice, Disability Benefits Notice, Paid Family Leave Rights poster, Paid Sick Leave Notice, Occupational Safety and Health Protection poster, Sexual Harassment Prevention Policy, and Human Rights Law Notice. Federal required posters include the Fair Labor Standards Act poster, Equal Employment Opportunity poster, OSHA Job Safety and Health poster, Employee Polygraph Protection Act poster, FMLA poster for employers with 50+ employees, USERRA poster, and Employee Rights Under NLRA poster. All posters must be displayed in conspicuous locations accessible to employees and kept current.

Q13: What are the recordkeeping requirements for New York employers?

New York employers must maintain payroll records for 6 years containing employee name, address, Social Security number, pay rate, hours worked each day and week, gross wages, deductions, allowances, net wages, date of payment, and pay period covered. Personnel records including applications, performance evaluations, disciplinary records, and training records should be kept for 3-7 years depending on document type. Medical records must be kept separate from personnel files and maintained confidentially for the duration of employment plus 30 years. Form I-9 must be kept for 3 years from date of hire OR 1 year after employment ends, whichever is later. All records must be available for inspection by the Department of Labor.

Q14: Does New York require paid sick leave?

Yes, New York State requires employers to provide paid sick leave to employees, effective January 1, 2021. The amount depends on employer size: employers with 4 or fewer employees and net income of $1 million or less must provide up to 40 hours unpaid sick leave; employers with 4 or fewer employees and net income over $1 million must provide up to 40 hours paid sick leave; employers with 5-99 employees must provide up to 40 hours paid sick leave; and employers with 100 or more employees must provide up to 56 hours paid sick leave per year. Employees accrue sick leave at a rate of 1 hour for every 30 hours worked. Sick leave can be used for illness, injury, health conditions, preventive care, or situations involving domestic violence, sexual offense, stalking, or human trafficking affecting the employee or family member. As of January 1, 2025, employers must also provide 20 hours of paid prenatal leave annually.

Q15: What are the remote work protections in New York?

New York does not have a general statutory “right to work remotely,” but remote workers are protected by the same employment laws as on-site workers, including minimum wage, overtime, anti-discrimination laws, paid sick leave, reasonable accommodation requirements, and workers’ compensation coverage. Employers requiring employees to return to office must provide reasonable notice and continue to provide reasonable accommodations for disabilities, pregnancy, and religious observances. Remote work may be required as a reasonable accommodation if it enables the employee to perform essential job functions without undue hardship. Employers monitoring remote workers must respect privacy laws and provide appropriate notice. Remote work arrangements should be documented in written policies or agreements.

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current

New York Employment Law 2026

⚠️Informational only — not legal or tax advice.

Table of Contents

Introduction

Employment Law Framework in New York

1.1 At-Will Employment Doctrine

1.2 Labor Law vs. Employment Law: Understanding the Distinction

Terminology Used in This Guide:

1.3 Right-to-Work Status

Employee Rights in New York

2.1 Wage and Hour Rights

Minimum Wage (2026)

Overtime Requirements

Meal and Rest Breaks

Final Paycheck Requirements

Wage Theft Protections

2.2 Paid Sick Leave

2.3 Additional Leave Rights

Discrimination Laws in New York

3.1 Overview of Anti-Discrimination Protections

3.2 Protected Classes

3.3 Types of Unlawful Discrimination

3.4 Sexual Harassment

3.5 Enforcement and Remedies

Reasonable Accommodations

4.1 Disability Accommodation Requirements

4.2 Interactive Process for Accommodation

4.3 Undue Hardship Exception

4.4 Religious Accommodations

4.5 Pregnancy Accommodations

4.6 How to Request Accommodation

Employer Obligations in New York

5.1 Required Workplace Postings

5.2 New Hire Reporting

5.3 Recordkeeping Requirements

5.4 Form I-9 and E-Verify

5.5 Wage Payment Requirements

5.6 Employer Compliance Checklist

Filing Complaints and Enforcement

6.1 When to File a Complaint

6.2 New York State Department of Labor (Wage and Hour Claims)

6.3 New York State Division of Human Rights (Discrimination Claims)

6.4 Equal Employment Opportunity Commission (Federal Claims)

6.5 Occupational Safety and Health Administration (Safety Complaints)

6.6 Private Lawsuits

6.7 Information About Filing Complaints

6.8 Complaint Filing Quick Reference

Remote Work in New York

7.1 Key Remote Work Considerations

7.2 Return-to-Office (RTO) Mandates

7.3 Remote Work Resource

2026 Updates and Major Changes

8.1 Minimum Wage Increases (Effective January 1, 2026)

8.2 Trapped at Work Act (Effective December 19, 2025)

8.3 Expanded NYC Earned Safe and Sick Time Act (Effective February 22, 2026)

8.4 Consumer Credit History Ban (Effective April 18, 2026)

8.5 Other Notable Changes for 2026

8.6 How to Stay Updated

Resources

10.1 New York State Agencies

10.2 Federal Agencies

10.3 New York City Agencies (For NYC Employees Only)

10.4 Legal Assistance Resources

10.5 Additional Resources

10.6 Updates and Monitoring

Frequently Asked Questions - New York Employment Law

Q1: What is employment law in New York?

Q2: What is the difference between labor law and employment law in New York?

Q3: Is New York an at-will employment state?

Q4: What is the minimum wage in New York in 2026?

Q5: Does New York require overtime pay?

Q6: What are the meal and rest break requirements in New York?

Q7: What are my employee rights regarding wages in New York?

Q8: Can my employer fire me for any reason in New York?

Q9: How do I file a discrimination complaint in New York?

Q10: Can I request remote work as a reasonable accommodation in New York?

Q11: What are employer obligations in New York?

Q12: What workplace posters are required in New York?

Q13: What are the recordkeeping requirements for New York employers?

Q14: Does New York require paid sick leave?