NEW YORK STATE DEPARTMENT OF LABOR WORKER PROTECTION IN NEW YORK STATE

· MINIMUM WAGE ·
What is the New York State Minimum Wage?
For most employees covered under Article 19, the Minimum Wage
Act of the New York State Labor Law, the basic minimum wage is
$7.15 per hour as of January 1, 2007. This basic rate may, however,
be modified by certain requirements specified within a set of
regulations known as a “Wage Order, “ which is relevant to a
particular industry or occupation. A Wage Order may, in some
instances, provide for a special split shift rate or an excessive
spread of hours rate. It may also include a daily call-in pay
provision, a distinct part-time rate and/or an allowance for the
maintenance of required uniforms. Any future increase in the
federal wage will result in an increase in the state’s minimum
wage.

Must I be paid at a special rate if I work overtime?

Employers are required to pay covered employees who work
overtime (over 40 hours in a payroll week for non-residential
employees and over 44 hours in a payroll week for residential
employees) at a rate that is one and one half times the employee’s
regular (non-overtime) hourly rate of pay.

Are tips and meals part of the minimum wage?

Yes. But only in specific fields and occupations. Regarding food
service workers, for example, a “tip allowance” of $2.55 per hour
results in a minimum “cash wage” of $4.60 per hour. Allowances
for meals also may apply.

Are all workers in New York State covered by the minimum wage
requirements?
Most workers are covered, including most domestic workers.
Exceptions are as follows:
· part-time baby sitters in the home of the employer;
· companions to sick or elderly people who live in the home
of an employer and whose principal duties do not include
housework;
· executives, administrators and professionals;
· outside salespersons;
· taxicab drivers;

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NEW YORK STATE DEPARTMENT OF LABOR
· ministers and members of religious orders;
· government employees (except certain non-teaching
employees employed by a school district or board of
cooperative educational services);
· volunteers, learners,apprentices and students, if
working in nonprofit institutions.
There are certain other minor exceptions.
If I am covered by the Federal minimum wage law, does the State law
apply to me?
Yes. While the Division of Labor Standards enforces the New York
State Minimum Wage Act and its regulations, the Wage and Hour
Division of the United States Department of Labor (USDOL) enforces
the minimum wage and overtime provisions of the Fair Labor
Standards Act (FLSA). In situations where both the state and federal
governments have jurisdiction, that coverage which yields the
higher amount of pay is applicable.
What should I do if I think I am getting less than the law requires?
The State Labor Department will help collect underpayments for
workers who have not received the minimum wage required by
law.
If you have questions, call or write:
1. New York State Department of Labor
Division of Labor Standards
247 W. 54th St.
New York, NY 10019
(212) 621-9334
2. New York State Department of Labor
Division of Labor Standards
W. Averell Harriman State
Office Office Campus
Albany, New York 12240-0122
(518) 457-5508
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WORKER PROTECTION IN NEW YORK STATE
to interfere with the exercise of these rights. Charges of
discrimination or interference may be filed with the State
Employment Relations Board.
Does the State Labor Relations Act apply to domestic employees?
Yes. Effective January 1, 1977, domestic workers who are
employed by a commercial agency, and are assigned by the
agency to work in homes of individual persons, are covered by
the act. They may join unions and bargain collectively with their
employers. Note that this legislation does not apply to domestics
employed directly by an individual in his or her home, or to persons
whose primary responsibility is the care of a minor or as a
companion to the sick or elderly who reside in homes of private
persons.
Does this apply to all employees?
Yes, with certain exceptions. The act does not apply to businesses
substantially in interstate commerce which are regulated by the National
Labor Relations Act. Public employees are covered by a different law.
For more information call or write the State Employment Relations
Board:
Agency Bldg. 2, 20th Flr. State Office Building, Rm. 410
Albany, NY 12223 65 Court Street Buffalo, NY 14202
(518) 474-7724 (716) 847-7160
247 W. 54th St., 5th Flr. State Office Building, Rm. 418
New York, NY 10019 333 E. Washington St., Buffalo, NY 13202
(212) 621-0855 (315) 428-4068
NEW YORK STATE DEPARTMENT OF LABOR
than $100 or more than $500 to be determined by the Workers’
Compensation Board. The employee so discriminated against shall
be restored to employment, and shall be compensated by the
employer for any loss of wages arising out of such discrimination,
provided such employee is qualified to perform the duties of
employment.
For more information about New York State Disability Benefits,
write:
Disability Benefits Bureau
Workers’ Compensation Board
100 Broadway
Albany, New York 12241
Or call (518) 474-6681
How do I find out about my rights under the Family Medical Leave
Act?
The Family Medical Leave act is administered by the U.S.
Department of Labor. For more information contact the Wage
and Hour Division of USDOL listed in the blue pages of your
local phone directory.
· LABOR RELATIONS ·
Does the State Employment Relations Board mediate labor disputes?
Yes. The State Employment Relations Board offers its services to
labor and management in resolving labor disputes through
mediation and arbitration. The board maintains offices in New
York City, Albany, Syracuse, and Buffalo.
Do employees have the right to join unions?
Yes. The State Labor Relations Act guarantees employees the right
to form, join, or assist labor organizations, and to bargain collectively
with their employers through representatives of their own choosing,
usually through elections conducted by the State Employment
Board.
Are employees who exercise this right protected by law?
Yes. It is unlawful for an employer to discriminate against
employees who exercise their rights, or for the employer otherwise
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WORKER PROTECTION IN NEW YORK STATE
· PREVAILING WAGE RATE ·
What is meant by the prevailing wage rate?
This term (rather than minimum wage) describes wage and fringe
benefits paid to workers employed on certain public work projects,
such as construction of public roads and public buildings. They
must receive at least the wage rate and fringe benefits of workers
in the same trade or occupation in that area. The prevailing wage
rate is established by collective bargaining agreements between
bona fide labor unions and employers of the private sector in
the locality where the work is to be done.
What is meant by public work?
Public work means construction work on projects for a
government agency, including the State, cities, counties, towns,
villages, water districts, school districts, and any agency,
commission, or authority created by the laws of New York State.
Projects include highways, state institutions, schools, and bridges.
How do I know whether I am receiving the prevailing wage rate?
All contractors performing public work are required to post a list
of occupations and wage rates in a prominent place on the job
site. You may check the rate you are receiving against the rate
shown on the schedule for your occupation.
When can an employer pay an apprenticeship rate?
Only employees who are individually registered as apprentices
with the Commissioner of Labor may be classified as apprentices
and paid the prevailing rate for apprentices.
Are some service employees also covered by a prevailing wage rate?
Yes. The prevailing wage covers building service employees, such
as building cleaners, watchmen, guards and porters, employees
who collect garbage, and employees who transport office
furniture and equipment. It also covers employees who deliver
fuel oil. These employees must be paid the prevailing wages and
fringe benefits if they work on State or local government projects
in excess of $1,500. In the case of a city contract, the city
comptroller (or equivalent) administers the law.
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NEW YORK STATE DEPARTMENT OF LABOR
For additional information write to:
New York State Department of Labor
Bureau of Public Work
W. Averell Harriman State Office Building Campus
Albany, New York 12240-0130
(518) 457-5589
· PAYMENT OF WAGES ·
If my employer owes me wages, how do I collect this money?
You should contact the nearest office of the Division of Labor
Standards. The law says that you must receive all wages due you
and it authorizes the Division of Labor Standards of the State Labor
Department to help you collect any wages that you are owed.
This applies to all covered workers, including domestics,
employees of nonprofit institutions, and executive, administrative
and professional employees who earn $600 a week or less.
What deductions can be made from my wages?
No deductions may be made from wages, except:
1. Those required by law such as social security
contributions and income taxes, and
2. Those which are for the benefit of the employee and
which are authorized in writing by the employee, such
as payments for insurance premiums, pension benefits,
contributions to charitable organizations, U.S. bonds,
union dues, and similar payments for the benefit of the
employee.
An employer may not, for example, deduct from a worker’s wages
the cost of breakage or spoilage of materials. Nor may an
employer make wage deductions in any indirect manner, such
as by requiring a worker to make reimbursement for shortages by
means of a separate transaction.
Can my employer demand a kickback of any part of my wages, or
require me to turn over any part of my tip earnings?
No. It is unlawful for your employer, or any other person, to
demand or accept any part of your wages as a condition for
you to get or keep your job. It is also unlawful for your employer,
or any other person, to demand or accept any part of your tip
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WORKER PROTECTION IN NEW YORK STATE
How soon will I get my benefits?
If your claim is properly completed with your statement and the
doctor’s statement, you should receive the first payment within
four business days after the 14th day of disability, or four business
days after receipt of your claim, whichever is later. Further benefits
are then payable every two weeks while disability continues.
If your claim is rejected, you should receive a notice of rejection,
form DB-451, within 45 days of the date your claim was filed. You
then have 26 weeks in which to request a review.
Can I collect disability benefits and unemployment insurance simulta-
neously?
No. Disability benefits are paid only while you are disabled and
unable to work. Unemployment Insurance is paid only while you
are ready, willing and able to work.
Can I collect disability benefits if my disability is caused by or results
from pregnancy?
Yes. If you are disabled because of pregnancy, you may be
entitled to up to 26 weeks of benefits.
Who pays for this insurance?
Disability benefits are paid in one of two ways: entirely by the
employer, or jointly by employer and employee. If you are
contributing to the cost, your contribution cannot be more than
60 cents a week unless you or your union have agreed to higher
payments for additional coverage, or if you are entitled to
enriched plan benefits, the employer may seek approval to
deduct more than 60 cents per week.
May my employer discharge me if I claim disability benefits?
It is unlawful for an employer or the employer’s duly authorized agent
to discharge or in any other manner discriminate against an employee
as to employment because the employee has (a) claimed or
attempted to claim disability benefits from such an employer, or (b)
has testified or is about to testify in a disability benefits proceeding.
An employer who violates this law is liable for a penalty of not less
NEW YORK STATE DEPARTMENT OF LABOR
persons engaged in a professional or teaching capacity in or for
a religious charitable or educational institution of a “non-profit”
character; persons receiving rehabilitation services in a sheltered
workshop operated by such institutions under a certificate issued
by the U.S. Department of Labor; persons receiving aid from
religious or charitable institutions, who perform work in return for
such aid; golf caddies, daytime students in elementary or
secondary school, who work part-time during the school year or
their regular vacation period, corporate officers of non-profit
educational, religious or charitable institutions and one or two
corporate officers who hold all of the offices and own all of the
stock of a corporation with no other employees.
How much can I collect under this law?
Benefits are half of the employee’s average weekly wage up to
a maximum of $170 a week (effective May 1,1989) and are
payable for up to 26 weeks.
Will disability benefits cover my medical expenses?
No. Costs of medical care are not included under the law.
However, many employer or union plans provide such coverage.
How do I find out whether I am covered and how much I am entitled to?
Your employer is required to post a notice that describes the
benefits to which you are entitled. In addition, if you are disabled
in excess of seven days, your employer is required to supply you
with a Statement of Rights under the Disability Benefits Law (form
DB-271) within five days of your employer’s knowledge that you
are disabled.
How do I file for disability benefits?
A person who becomes disabled while employed or during the
first four weeks of unemployment should file claim form DB-450
with their employer or the employer’s insurance company. A
person who becomes disabled after the first four weeks of
unemployment should file claim form DB-1300 with the Special
Fund for Disability Benefits, 100 Broadway, Menands, Albany, New
York 12241. These forms must be properly made out by both you
and your doctor and should be filed within 30 days after you
become disabled.
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WORKER PROTECTION IN NEW YORK STATE
earnings. (This prohibition does not apply to hat checking.) For
special functions such as banquets, however, where a fixed
percentage is added onto a patron’s bill for gratuities, the law
does permit the employer to collect the gratuity, which is then to
be distributed among service personnel. Voluntary sharing of tips
by a waiter with a busboy or similar employee is also permitted.
Must I receive equal pay for equal work?
Yes. The New York State equal pay law prohibits differentials in
pay based on sex. It provides that men and women doing equal
work in the same establishment at jobs requiring equal skill, effort,
and responsibility, and which are performed under similar working
conditions, must be paid at the same rate of pay. The law permits
differences in wages based on a seniority system, a merit system,
a system measuring earnings by quantity or quality of production,
or on any factor other than sex.
Does my employer have to pay me every week?
Generally, manual workers must be paid weekly, no later than
seven calendar days after the end of the week in which the wages
were earned. However, manual workers employed by a nonprofit
organization must be paid no less frequently than semi-monthly.
Under certain conditions, an establishment that has employed
an average of one thousand or more employees in New York
State during the preceding three years (or has employed an
average of one thousand or more employees in New York State
during the preceding one year and has, for the preceding three
years, employed an average of three thousand or more
employees outside the state) may apply to the State Department
of Labor for permission to pay its manual workers no less frequently
than semi-monthly.
On or before Thursday of each week, railroad employees must
be paid the wages earned up to the Tuesday of the preceding
week.
Commission salespersons must be paid at least once a month,
not later than the last day of the month following the month in
which the commissions were earned.
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NEW YORK STATE DEPARTMENT OF LABOR
Office workers and all other employees must be paid in
accordance with the agreed terms of employment, but no less
frequently than semi-monthly.
Does the law say whether I must be paid in cash or by check?
Due to changes in the law, employers are no longer required to
obtain a permit to pay wages by check. Employers may pay
their workers by check or cash, as they choose. Workers may
request to have their wages sent to a banking institution
electronically as direct deposit.
Does my employer have to give me a wage statement?
Yes. All employers must provide their employees with a wage
statement each payday. Generally, the statement must show the
hours worked, rates paid, gross wages, deductions, and net wages.
Also, employers must furnish a commission salesperson, upon
request, with a statement of earnings paid or due and unpaid.
Must I be paid for holidays and vacations?
Only if your employer has established a policy to grant such pay.
Employees are entitled only to those “fringe benefits” (also called
“wage supplements”) which their employer has promised to
provide. Wage supplements include, but are not limited to,
reimbursement for expenses or tuition and payment for sick time,
vacation, personal leave, and holidays.
Under the law, employers must furnish employees with written or
posted notice of the wage supplement policy and the hours of
work.
The State Department of Labor will help you collect any unpaid
wage supplements due to you under your employment
agreement.
For more information about wage payments call or write:
1. New York State Department of Labor
Division of Labor Standards
247 W. 54th St.
New York, NY 10019
(212) 621-9334
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WORKER PROTECTION IN NEW YORK STATE
May my employer discharge me if I claim Workers’ Compensation benefits?
An employer may not discharge or otherwise discriminate against
an employee over the filing of a workers’ compensation claim.
An employee who has testified or is about to testify in a workers’
compensation proceeding is similarly protected. Violators of the
law are subject to a penalty of $100 to $500, payable to the state
treasury. In addition, reinstatement, back pay, and also restoration
to other privileges the employee would have had but for the
discrimination may be ordered.
The employer may be ordered to pay a fee for the claimant’s
attorney or legal representative. A discrimination complaint must
be filed with the board within two years of the commission of the
discriminatory action.
For further information about workers’ compensation, write:
Workers’ Compensation Board
20 Park Street
Albany, New York 12207
Or call for general information: (877) 632-4996
· DISABILITY BENEFITS ·
Can I get any insurance benefits while I am sick or disabled by an
off-the-job illness or injury?
Yes. The New York State Disability Benefits Law provides temporary
cash benefits to eligible wage earners disabled by injury or
sickness that is not work-related.
How do I become eligible for disability benefits?
An employee is eligible if he or she is working or has recently
worked for a “covered” employer for at least four consecutive
weeks. Disability benefits are also provided to an unemployment
claimant to replace unemployment insurance benefits lost
because of illness or injury. The law excludes certain categories
of employees as follows: minor child of the employer, government,
railroad, maritime or farm workers, ministers, priests, rabbis,
members of religious orders, sextons, Christian Science readers,
NEW YORK STATE DEPARTMENT OF LABOR
· laboratory tests,
· prescribed drugs,
· authorized nursing service, and
· medical or surgical appliances required by the injury.
The worker is free to choose any physician, podiatrist or
chiropractor authorized to give medical care by the Workers’
Compensation Board. The law also permits treatment of workers’
compensation claimants by authorized physicians in the
out-patient clinics of hospitals, health maintenance organizations,
out-patient hospital burn centers, and community and migrant
health clinics.
Workers who are totally or partially disabled and who are eligible
for cash benefits receive two-thirds of the average weekly wage,
but no more than the benefit maximum set by law. The average
weekly wage is based on payroll records for the year prior to the
date of disability or accident. The benefit maximum for total and
partial disability is the same amount.
How do I file for Workers’ Compensation?
An injured worker must report the injury to his or her employer
promptly. This must be done within 30 days after the accident.
Workers’ Compensation Board form C-3, Employee’s Claim for
Compensation, can be obtained from the nearest board district
office. The form should be completed and mailed to that district
office and the claim must be filed with the board within two years
of the date of accident. The injured worker will then be notified
by mail if any hearings are necessary on the case.
The time limit for claim filing for all occupational diseases, except
for loss of hearing, is two years from the date of the disabled
worker’s disability or two years from the time the disabled worker
(or his or her dependents in case of death), knew or should have
known that the disease was due to the nature of the employment,
whichever is later.
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WORKER PROTECTION IN NEW YORK STATE
2. New York State Department of Labor
Division of Labor Standards
State Office Campus
Albany, New York 12240-0122
(518) 457-5508
· HOURS OF WORK AND MEAL PERIODS ·
Are there any restrictions on how many hours I may work, or when I
may work?
Yes, but these restrictions apply only if you are under 18 years of
age. If you are over 18 years of age for general industry
employment, or at least 14 years old for farm work, there are no
restrictions on the number of hours you may work, nor are there
restrictions as to how early in the morning, or how late into the
evening, you may work. However, in certain industries and
occupations, you must receive 24 consecutive hours of rest in
each calendar week.
Must I be given a lunch period or a rest “break”?
If you work a shift of more than six hours starting before 11 a.m.
and continuing until 2 p.m., you must be allowed an uninterrupted
lunch period of at least half an hour at some point between 11
a.m. and 2 p.m. If you work a shift starting before 11 a.m. and
continuing beyond 7 p.m., you must be allowed an additional
meal period of at least 20 minutes between 5 p.m. and 7 p.m. If
you work a shift of more than six hours starting between 1 p.m.
and 6 a.m., you must receive a meal period midway between
the beginning and end of your schedule. The employer is not
required to pay for meal periods.
An employer is NOT obligated to allow “coffee breaks” or other
rest times. However, if you are permitted to take a brief “break”
(up to approximately 20 minutes long,) such time should be paid
for as though it were working time.
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NEW YORK STATE DEPARTMENT OF LABOR
If you have questions, call or write:
1. New York State Department of Labor
Division of Labor Standards
247 W. 54th St.
New York, NY 10019
(212) 621-9334
2. New York State Department of Labor
Division of Labor Standards
State Office Campus
Albany, New York 12240-0122
(518) 457-5508
· EMPLOYMENT OF MINORS ·
At what age is a person permitted to work?
The employment of youngsters under the age of 14 (whether
during school hours or after school, whether during vacations or
on holidays) is generally prohibited. There are, however, certain
exceptions.
When school attendance is not required:
· minors who are at least 11 years of age are permitted to
deliver newspapers, magazines, “penny-savers,” shopping
newspapers and similar advertising material to homes and
business places.
· minors who are at least 12 years of age may assist in the
hand harvest of berries, fruits and vegetables if they are
accompanied by, or if they have presented to the
employer the written consent of, their parent or guardian.
· minors who are at least 12 years of age may be employed
by their parents on their home farm or at other outdoor
work not connected with any business enterprise.
· minors who are at least 12 years of age may assist a family
member in selling farm produce from their family farm at
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WORKER PROTECTION IN NEW YORK STATE
Those who are not covered by the law include;
· clergy and members of religious orders;
· persons employed in certain maritime trades, interstate
railroad employees, Federal government employees and
others covered under Federal workers’ compensation laws,
· persons, including minors, doing yard work or casual chores
in and about a one-family, owner-occupied residence
(“casual” means occasional, without regularity, foresight, plan,
or method.) Coverage is required if the minor handles
powerdriven machinery, including a power lawnmower.
NOTE: The Labor Law sets restrictions on employment of
minors and work to be performed.
· employees of foreign governments;
· New York City police officers, firefighters, and sanitation
workers.
What benefits am I entitled to if injured at work or disabled by an
occupational disease?
The injured worker who is eligible for workers’ compensation is
entitled to all necessary medical care as the nature of the injury
or the process of recovery may require. The broad range of
services available covers:
· medical, osteopathic, dental, podiatric,
· psychological care or treatment,
· physical and occupational therapy,
· chiropractic treatment,
· surgery;
· hospital care,
· x-rays,
NEW YORK STATE DEPARTMENT OF LABOR
hazards found during the visit. These services are provided free of
charge.
To obtain such services or for more information about worker safety
or health, call or write:
New York State Department of Labor
Division of Safety and Health
W. Averell Harriman State Office Building Campus
Albany, New York 12240-0100
(518) 457-2574
· WORKERS’ COMPENSATION ·
What is Workers’ Compensation?
The New York State Workers’ Compensation Law provides cash
benefits and medical care for workers who become disabled
because of an injury or sickiess related to their job. If death results,
benefits are payable to the surviving spouse and dependents as
defined by law.
Who is entitled to collect Workers’ Compensation benefits?
Those who are covered by the law include:
· workers in all employment conducted for profit;
· employees of counties and municipalities engaged in work
defined by the law as “hazardous”;
· public school teachers, excluding New York City;
· public school aides, including New York City;
· employees of the State of New York, including some
volunteer workers,
· domestic workers employed 40 or more hours per week by
the same employer (which may include full-time sitters or
companions, and live-in maids);
· farm workers whose employer paid $1,200 or more for farm
labor in the preceding calendar year.
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WORKER PROTECTION IN NEW YORK STATE
the family’s farm stand or farmers’ market stand if the minors
are accompanied by, or if they have the written consent
of, their parent or guardian.
· minors who are at least 12 years of age may be employed
as bridge caddies at bridge tournaments.
Special provisions are made for child performers at theatrical,
television, or radio performances and for child models.
When are working papers required?
Minors under 18, including high school graduates, must obtain
working papers before they may begin work. The law makes
exceptions for golf and bridge caddies and baby sitters, for minors
doing casual household chores, and for minors older than 16
engaged in farm work. It also exempts college students 16 years
of age or over who are employed by a nonprofit college or
university or fraternity, sorority, student association, or faculty
association.
Who issues working papers?
The local school system issues working papers; you can get the
information you need at the office of the school you attend. If
you are not attending school, obtain the address of the
certification office from the school nearest your home.
Must I obtain an employment certificate each time I change jobs?
Generally, you may use certificates for more than one job in the
same type of work. Employers must keep your certificate on file
at the place of employment and must return it to you when you
leave your job.
When may minors 14 years of age and older work?
Minors who are 14 years of age or older may be employed after
school hours, during weekends, on holidays and during vacations.
Does the law set limits on working hours for minors?
Yes. When school is in session, minors 14 and 15 years old may
not work more than three hours on a school day, eight hours on
a Saturday, Sunday, holiday or other non-school day, or more
9
NEW YORK STATE DEPARTMENT OF LABOR
than 18 hours a week. (However, minors employed as part of a
supervised work/study program approved by the State Education
Department may work up to a maximum of 23 hours a week,
although they may not exceed three hours on a school day and
eight hours on a non-school day.) When school is in session, minors
14 and 15 years of age may not work before 7 a.m. or past 7 p.m.
They may not work more than six days per week.
When school is in session, minors 16 and 17 years old may not
work more than four hours on a day preceding a school day
(Mondays, Tuesdays, Wednesdays and Thursdays) and eight hours
on Fridays, Saturdays, Sundays, and holidays, for a total of 28
hours a week. (Students 16 and 17 years of age enrolled in an
approved Cooperative Education Program may work up to six
hours on Mondays, Tuesdays, Wednesdays and Thursdays, when
school is in session, as long as the hours are in conjunction with
the program. However, the number of hours worked per week
may not exceed a total of 28 and the number of hours worked
on a Friday, Saturday, Sunday or holiday may not exceed eight.)
When school is in session, minors 16 and 17 years of age may not
work before 6 a.m. or past 10 p.m. -- except that they may work
up to midnight on a night before a school day if special written
permission from the school and a parent has been obtained. On
a night before a non-school day, minors 16 and 17 years of age
may work beyond 10 p.m., until midnight, only if the parent has
granted special written permission. Generally, minors 16 and 17
years old may not work more than six days per week.
During summer vacations and entire weeks when school is not in
session, minors 14 and 15 years old may not work more than eight
hours a day, six days a week or 40 hours per week. They may not
work before 7 a.m. or after 7 p.m., except that from June 21 to
Labor Day they may work up to 9 p.m. (However, junior counselors
and C.I.T.s at summer camps for children are not subject to these
late night or early morning restrictions.)
During summer vacations and entire weeks when school is not in
session, minors 16 and 17 years old generally may not work more
than eight hours a day, six days a week or 48 hours per week.
They may not work before 6 a.m. or past midnight.
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WORKER PROTECTION IN NEW YORK STATE
· places of public assembly
· vvindow cleaning operations
· aerial performers
· certain coin-operated machines
· transparent glass doors
· amusement devices and
· temporary structures at carnivals, fairs, and amusement
parks
· bridges and tunnels
· asbestos projects
· certain types of lasers and ionizing radiation
· the possession, storage, and transportation of explosives.
Unless otherwise specified in the code rules, the standards apply
throughout New York State.
What is the Labor Department’s role in asbestos projects in New York
State?
The Labor Department’s asbestos control program protects the
public during the removal, enclosure, or encapsulation of any
friable asbestos or the handling of any asbestos-containing
material that may result in the release of asbestos fibers. The State
Labor Law requires that employers who participate in asbestos
projects obtain an asbestos-handling license, and that all workers
employed on an asbestos project have an asbestos handler’s
certificate. In addition, the law authorizes the department to
inspect on-going or completed asbestos projects and to conduct
investigations, either self-initiated or on receipt of a complaint.
Does the State Labor Department have any role in Federal OSHA
(Occupational Safety and Health Act) programs?
Under an agreement between the U.S. Labor Department and
the New York State Department of Labor, State inspectors are
available to employers as consultants on OSHA standards. Upon
request of an employer, a State consultant will visit the employer’s
establishment, identify conditions which are unsafe and which
violate Federal standards, and recommend methods of abating
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NEW YORK STATE DEPARTMENT OF LABOR
· Laws enforced by the Division of Human Rights of the State
of New York prohibit discrimination based upon race,
creed, national origin, age, handicap, gender or marital
status.
· Article 16, Section 519 of the Judiciary Law prohibits an
employer from discharging or penalizing an employee
because of the employee’s absence from work due to
jury service.
· In some instances, the jobs of selected governmental
workers and certain other emmplo9yees may be protected
under specific “whistle-blower” laws or regulations.
· If the termination does not involve any of the situations
described above, then the employer generally possesses
the right “to hire and fire at will.”
· SAFETY AND HEALTH ·
What is the Labor Department’s responsibility for protecting workers on
the job and the general public from safety and health hazards?
The State Labor Law contains sections related to public and
occupational safety and health and gives the State Department
of Labor responsibility for their enforcement. Included among these
provisions is the Public Employee Safety and Health Program.
Under its provisions, all employees of the State and local
governments are protected in the workplace by the same
standards promulgated by the U.S. Labor Department’s
Occupational Safety and Health Administration (OSHA) for private
industry.
Other responsibilities of the State Labor Department related to
public and occupational safety and health are contained, for
the most part, in Industrial Code Rules. These are actually safety
and health standards and cover such particular equipment,
operations, and facilities as:
· elevators
· mines, sand, gravel, crushed stone and quarry operations
· certain boilers
· ski tows and passenger tramways
18
WORKER PROTECTION IN NEW YORK STATE
What kind of work is prohibited to minors?
Minors 14 and 15 may work in stores and offices and other places,
but not in a factory workroom. They may do delivery or clerical
work in an enclosed office of a factory, and in dry cleaning stores,
shoe-repair shops and similar stores. They may mow lawns, do
yard work and other household chores. They may not do factory
work, or operate washing, grinding, cutting, slicing, pressing or
mixing machinery, or do painting or exterior cleaning in
connection with the maintenance of a building or structure.
Minors 16 and over may do factory work. However, minors under
18 are prohibited from working in certain hazardous occupations
such as those in construction work, or in the operation of certain
power-driven machinery or in the operation of circular saws, or
as a helper on a motor vehicle.
The law makes an exception for minors who are apprentices
individually registered in an Apprenticeship Program registered
with the Commissioner of Labor or students enrolled in a
Cooperative Vocational Training Program under a recognized
State or local education authority.
There is also an exception for:
· minors 16 and 17 years of age who are enrolled as trainees
in an On-the-Job Training program approved by the
Commissioner of Labor, or
· 16- and 17-year-old minors employed in the occupation
in which they completed a training program of a non-
profit organization (which includes safety instruction and
training in the use of machinery approved by the Com-
missioner of Labor).
For more information about employment of minors, call or write:
1. New York State Department of Labor
Division of Labor Standards
247 W. 54th St.
New York, NY 10019
(212) 621-9334
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NEW YORK STATE DEPARTMENT OF LABOR
2. New York State Department of Labor
Division of Labor Standards
State Office Campus
Albany, New York 12240-0122
(518) 457-5508
· INDUSTRIAL HOMEWORK ·
What is industrial homework?
Industrial homework is manufacturing (making, preparing,
altering, repairing, finishing or handling in any way) performed in
a home on articles which belong to the employer, or with materials
supplied by the employer, and which are to be returned to the
employer or delivered, mailed or shipped to others. Activities
such as inserting, collating, labeling, nesting, sorting, stamping
and other similar work are subject to the restrictions placed upon
industrial homework, whereas clerical activities such as typing,
stenciling, transcribing, copying, bookkeeping and stenographic
work are not subject to these restrictions.
Can anyone do industrial homework?
No. Employers must have permits to distribute homework before
they employ homeworkers. The homeworker must obtain, through
the employer, a homeworker’s certificate issued by the
Commissioner of Labor. The homeworker must be at least 16 years
old. Minors between 16 and 18 years of age must also have an
Employment Certificate.
Homes in which industrial homework is to be done may be
inspected by representatives of the Commissioner of Labor.
Homework is not permitted in any home that is unsanitary or where
there is an infectious or communicable disease.
Employers who violate the industrial homework law may be
assessed a civil penalty of up to $3,000 for each violation.
How can I obtain a certificate to do industrial homework?
If you find a job with a firm that holds a current homework permit,
the employer can apply for a homeworker’s certificate for you.
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WORKER PROTECTION IN NEW YORK STATE
Who enforces the law on employment agencies?
The State Labor Department enforces the law throughout the state
except in New York City, where the law is enforced by: New York
City Department of Consumer Affairs, 42 Broadway, New York, NY
10004, (212) 487-4444.
For more information on employment agencies,call or write:
New York State Department of Labor
Division of Labor Standards
247 W. 54th St.
New York, NY 10019
(212) 621-9334
Can my employer fire me for any reason?
Yes. New York State is an “employment at will” state. According
to this principle, unless there is a contract provision that restricts
reasons for termination (such as a collective bargaining
agreement or union contract) an employer can discharge or fire
an employee with or without reasonable cause. This rule also
protects the employee’s right to resign from a position without
having to justify that decision.
However, there are some exceptions to the doctrine of “employ
at will.” These include:
· Article 7, Section 201-d of the New York State Labor Law
prohibits an employer from firing an employee for political
or recreational activities outside of work, for legal use of
consumable products outside of work, or for membership
in a union.
· Article 7, Section 215 of the New York State Labor Law
state, in summary, that no employer shall penalize any
employee because such employee has made a complaint
to the employer, to the Commissioner of Labor or to the
Commissioner’s representative asserting that the employer
has violated any provision of the Labor Law. Where a
violation of Section 2215 is sustained, the employer is
subject to a civil fine and separate civil action by the
affected employee.
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NEW YORK STATE DEPARTMENT OF LABOR
is less than the maximum fee. Special termination rates apply to
persons brought from outside the continental United States.
Do I pay a fee if I am a domestic worker employed on a day-to-day
basis and am transported to and from the job by the employment
agency?
You are not required to pay any fee. The law covering such
domestic workers provides for flat sum fees, which are payable
only by your employer. Neither you nor your employer may be
charged the cost of transportation.
What special provisions are made for domestic workers brought by an
employment agency from out of state?
The agency must inform such workers in writing, before they come
to New York, of the following:
1. the nature and duties of the job;
2. the wages they may expect to receive;
3. the amount they will have to pay the agency as its fee;
4. the amount they will have to repay for transportation costs
which were advanced;
5. the amount of any other advances or charges they will
have to pay;
6. when they will have to pay the agency fee, transportation
costs and any other advances or charges.
Are there additional protections for out-of-state domestics?
Yes. The employment agency may recruit only persons more than
18 years of age and must provide, at its own expense, suitable
lodging and meals to them for any time they have not been
placed in jobs during the first 30-day period after they arrive, or
provide transportation for them to return home. For domestics
recruited from outside the continental United States, somewhat
similar protections for a 90-day period also include hospitalization
coverage.
16
WORKER PROTECTION IN NEW YORK STATE
For more information regarding industrial homework, call or write:
New York State Department of Labor
Division of Labor Standards
247 W. 54th St.
New York, NY 10019
(212) 621-9334
· GARMENT INDUSTRY ·
What labor laws apply to clothing manufacturing?
The general sections of the Labor Law apply to clothing
manufacturing. In addition, Article 12A of the Labor Law, which is
specific to the Apparel Industry:
· requires registration of contractors and manufacturers.
· empowers the Special Task Force to report safety and
health deficiencies and failure to pay wages or minimum
wage.
· allows manufacturers to be held liable jointly with
contractors for wage violations.
· permits intervention by the Special Task Force in Hot Goods
cases, where wages have not been paid. Intervention
includes tagging garments as “unlawfully manufactured”
and issuing injunctions against violators.
What constitutes a “sweatshop”?
Many sewing shops provide good entry-level jobs for recent
immigrants and hard-working people. When these shops operate
in an unsafe manner by violating health and safety codes or
take economic advantage of their employees by not paying
legal wages or not paying employees at all, we call them
sweatshops. At their worst, these sweatshops employ desperate
workers in fear under abusive conditions.
Sweatshops unfairly compete with good businesses that support
the local economy. It is important that manufacturers who utilize
sewing contractors only give work to registered contractors that
operate legally.
13
NEW YORK STATE DEPARTMENT OF LABOR
How are those statutes enforced?
In 1987, New York State enacted Article 12A of the Labor Law,
which created a Special Task Force for the Apparel Industry. This
Apparel Industry Task Force uses modern technology to target
possible sweatshops and sends teams of Labor Standards
Investigators into the field to uncover sweatshops. The investigators
use educational and enforcement activities to bring the violators
into Labor Law compliance.
Where can I report a suspected violation?
Not all sewing shops are sweatshops. However, if you become
aware that:
· employees in an apparel shop have not been properly
paid,
· the shop employs children under the age of 16,
· employees work off the books,
· or you observe workers being locked in or working in
unsafe conditions,
you should report these possible violations to the:
Apparel Industry Task Force
247 W. 54th St.
New York, NY 10019
Phone:(212) 621-9318
· EMPLOYMENT AGENCIES ·
Is there a State law governing private employment agencies?
Yes. State law sets the maximum fees employment agencies
may charge job applicants and requires such agencies (those
which are not employer “fee paid”) to be licensed. The law also
prohibits agencies from misrepresenting jobs.
What fee must I pay to an employment agency?
Fees are based upon the amount of wages and the type of job
you receive. For example, the maximum fee you may be charged
14
WORKER PROTECTION IN NEW YORK STATE
for an unskilled manual job that does not provide meals for
lodging is 10 percent of the first full month’s wages; for an office
or clerical job, the fee ranges from 25 percent to 60 percent,
depending upon the amount of the first full month’s wages. Fee
schedules must be posted in employment agencies. The law also
requires that an employment agency give a job applicant a copy
of any contract signed by the applicant.
When must I pay the employment agency fee?
If the job you receive through an employment agency pays you
your wages on a weekly basis, then the employment agency
may not require you to pay them their fee at a rate greater than
in 10 equal weekly installments payable at the end of the first 10
weeks of employment. If you are paid less frequently than weekly,
an employment agency may not require you to pay the fee at a
rate greater than in 5 equal installments payable at the end of
each of the first 5 pay periods, or within 10 weeks, whichever
period is longer.
A domestic worker, who while a resident of a state other than
New York was recruited by an employment agency, cannot be
required to pay the agency fee, or to repay advances made by
the agency, at a rate greater than in 4 equal installments payable
at the end of each of the first 4 weeks of employment.
A domestic worker who was recruited from outside of the
continental United States cannot be required to pay the agency
fee, or to repay advances made by the agency at a rate greater
than 6 equal installments payable at the end of each of the first
six months of employment.
An employment agency may require only domestics, untrained
manual workers and skilled industrial employees to pay a deposit
or an advance fee.
What fee do I pay if my job does not last?
If you lose your job through no fault of yours, the maximum fee
will be 10 percent of your total wages. But, if you are discharged
for cause or quit without good cause, a higher fee of 50 percent
of your total earnings may be charged. In no case may you be
charged more than the maximum or the sum you agreed to if it
15