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   This Handbook is not intended to provide or replace legal advice. It is for informational purposes only, to provide accurate descriptions of your rights that are empowering for you. We want you to learn more about your rights, how to exercise them, and what to do when they are violated. We have been providing this information in a handbook format, first in print and now online, since 2003. Each section provides additional sources of information and how to get help if you need it.

  1. Wages and Hours
  2. Termination
  3. Health and Safety
  4. Your Right to Form a Union
  5. Paid Family Leave and Sick Leave
  6. Discrimination
  7. Breastfeeding Mothers’ Bill of Rights
  8. Sexual Harassment
  9. Disability & Accommodation
  10. Bullying
  11. Teen Workers
  12. Workers Compensation
  13. NYS Disability
  14. Unemployment Insurance
  15. Prior Arrest Record
  16. Personal Rights
  17. Immigrant Workers
  18. Afterword

Wages and Hours

What is the Minimum Wage I Must Be Paid?

   You must be paid at least $15 an hour for any work you do up to 40 hours a week. This wage will rise to $15.50 in 2025. Generally, even if you get paid on a piece-rate basis, your pay must average at least the minimum wage for all hours worked in a given week. There are a few exceptions to this requirement: part-time babysitters, camp counselors, and tipped workers. NYSDOL has a handy online tool that you can use to find out what minimum cash wage you should be earning. It is at https://ux.labor.ny.gov/minimum-wage-lookup/

   If you work in food service and regularly receive tips as part of your work, your total earnings cannot fall below the minimum wage. However, your employer may use the tips you receive to adjust your cash wage. But in no case can your cash wage from the employer fall below $10.00/hour ($12.90 as of 2025). For example, if you earn an average of $5.00/hour in tips, you must also receive an hourly rate of $10.00 to ensure a minimum of $15.00 for each hour worked. If you received no tips the wage paid by the employer would have to be at least $15/hour. Note: If you spend more than 2 hours or 20% of your shift on non-tipped tasks (working as a cashier for example) the tip credit cannot be applied. The employer must then pay you a cash wage of at least $15/hour ($15.50 in 2025). Farmworkers, like other workers, are also covered by the NYS minimum wage. Unlike workers in other sectors, however, farmworkers may be paid the minimum wage for work up to 56 hours per week. If you work more than 56 hours in one week, your employer must pay you 1½ your hourly wage.

What is Overtime, and How Much Must I Be Paid?

   If you work over 40 hours in a week (56 for farmworkers), you must be paid 1 1/2 times your regular rate for each overtime hour. For example, if your regular rate is $15/hour, you must be paid $22.50 for each overtime hour. Certain employees, such as some salaried administrative, managerial, and professional employees, are exempt from the overtime pay requirement. Many of these salaried (“exempt”) employees, however, are still entitled to overtime pay for working more than 40 hours in a week if they earn less than $1,124.20/week (equivalent to $58.458.40/year for full-time). If you qualify as an exempt administrative, managerial, or professional employee and are paid below this amount you are entitled to overtime pay.

What is “Comp Time”?  Can My Employer Use It Instead of Paying Me Overtime?

   Comp time (or “compensatory time”) is time off from work that is given instead of paying overtime wages.  For most hourly employees working in the private sector, the granting of comp time in lieu of overtime pay (even at the employee’s request) is illegal. There are exceptions for public employees, subject to certain conditions. An excellent discussion of this subject may be found at: https://www.workplacefairness.org/comp-time#maincontent.

When Must I Be Paid?

   Workers must be paid promptly. In most cases, this means every one or two weeks. Generally, manual workers should be paid every week; clerical and other workers at least twice per month. Your pay must be for all time worked, including activities which employers sometimes claim are “off the clock” like cashing out after your shift ends, setting up machinery, learning jobs, or giving reports to workers on the next shift. Commission salespersons must be paid at least monthly and not later than the last day of the month following the month in which their commissions were earned. For more information on this subject visit https://dol.ny.gov/frequency-pay

How Can I Tell If I Am Being Paid What I Was Promised?

   When you are hired for a new job, your employer must give you a written notice stating your straight-time wage rate, overtime wage rate (if applicable), and regular payday. This notice must be given to you in English, and also in your primary language if it is not English. If you want to verify whether your employer is recording all your hours worked properly the US Department of Labor provides a convenient way to do this. They have a free app that allows you to easily record your hours worked for each shift. Then you can check this record with what your employer claims. For more information and instructions for downloading the app go to the USDOL website.

What Can and Cannot Be Deducted From My Paycheck?

   Most paychecks have some money deducted, and your employer must give you a written statement that tells you what’s been taken out. Social Security taxes (an amount based on the information you provide the employer on your tax withholding form), Short Term Disability Insurance (SDI), and any wage garnishments or court-ordered payments like child support, may be deducted. Paid Family Leave (PFL) contributions of 0.511% of your weekly wages may also be deducted, although you may opt-out if you plan to work too few hours to be eligible for PFL benefits. Other payments, for example, health insurance, union dues, pension, United Way, or 401(k) contributions, may be deducted but only if you have first authorized this in writing. In some cases (mainly hotel, restaurant, and farm workers), employers may also deduct money from your wages for meals and/or lodging; however, the amount deducted cannot be so much as to reduce your hourly pay to below the minimum wage. It is unlawful for your employer to demand kickbacks, to deduct payments for stolen or damaged property, deficient work, or cash register shortages. You cannot be required to pay the cost of buying or cleaning uniforms if doing so lowers your hourly rate below the minimum wage. If you are responsible for your own uniform maintenance beyond “wash and wear,” your employer must provide weekly uniform maintenance pay of $15.55 to workers who work over 30 hours per week and $12.30 to workers who work between 20 and 30 hours a week.

Equal Pay

   An employer may not pay different rates based on gender to employees who perform substantially similar work. The law does permit different rates of pay based on factors other than your gender such as length of service, quality of work, and quantity of work. Employers facing a claim of gender-based wage discrimination must prove that there are legitimate, non-discriminatory reasons for the wage differential, such as education, training, or experience. In 2019, New York State passed a salary history ban, prohibiting employers from asking a current employee or applicant for their salary history as a condition for either a promotion or an interview. It also makes it illegal for employers to penalize an applicant or current employee for not sharing salary history information or filing a complaint. An employer may, however, confirm wage or salary history only after a job offer with compensation is made. If you believe you are receiving a lesser wage or salary based on your gender, you are protected under the Equal Pay Act and should file a claim with the New York State Department of Human Rights by calling 1-888-392-3644 or going to https://dhr.ny.gov/complaint.

Independent Contractors

   Employers sometimes misclassify employees as independent contractors when in fact they are regular employees and therefore entitled to overtime, workers’ compensation, unemployment insurance, and available benefits. As a rule, you are an independent contractor only if you meet all the following qualifications: (1) work without regular direction; (2) are free to provide similar services to other clients; (3) work on a temporary basis; (4) are involved in an independent business, profession or occupation.

I Have An Internship, Should I Be Getting Paid?

   Internships can be both paid and unpaid. In general, most internships in the private sector should be paid. If you are working at a paid internship, you must receive at least minimum wage, and your employer must provide overtime compensation for hours worked over forty hours in a workweek. Information on when an internship for a for-profit employer can be unpaid is here. Certain nonprofit employers, however, may be allowed to use unpaid interns, depending on several factors. For more information on unpaid internships, please see this NYSDOL fact sheet.

Can My Boss Make Me Work Weekends and Night Shift?

   Yes, you may be required to work hours that are inconvenient. If you are over 18, there are generally no restrictions on how many hours you may work in a day or week or which days you may or may not work. Of course, if you work more than 40 hours in a week you are entitled to overtime pay. Most workers, however, are entitled to at least one day off (24 consecutive hours) each week. This includes farmworkers, though a farmworker can volunteer to work the 7th day in a week but must be paid time and a half for that day.

What About Breaks?

   In general, there is no requirement that you be given a break or rest period. You must, however, receive an uninterrupted meal period of at least one-half hour if you work a shift of more than six hours. There is no legal requirement for the employer to pay for these meal periods.

How Much Vacation or Sick Leave is Required?

   Apart from paid or unpaid family and sick leave (see section elsewhere in this Workers Rights Handbook on this topic for more information) there is no requirement to pay sick days, vacation, personal leave, or holidays. Employers may provide these or they may be provided through a union contract. Employers must notify employees in writing or post the policies regarding these benefits in the workplace. 

How Much Should I be Paid for Days That I Was Called Into Work, But Was Told to Go Home?

   In some cases, New York minimum wage laws require employers to pay employees call-in pay, also referred to as show up or reporting pay, even if they don’t work. If an employer requests or permits an employee to report for work on any given day, the employer must pay the employee for a minimum of four (4) hours of work (three hours in the hospitality industry), whichever is less, at no less than the standard minimum wage. The employer must pay call-in pay regardless of whether the employee is sent home and does not perform any work.

I Am An Immigrant Worker.  Do These Laws and Regulations Apply To Me?

   In a word, yes!  All workers, including immigrants, documented or not, are covered by the same statutes.  The NYS Division of Immigrant Affairs (877-466-9757) can help with immigrant worker issues. For other information please refer to the section in this Handbook titled “Immigrant Workers’ Rights.”

What Can I Do If I Have Not Been Paid What I Am Owed?

   Wage theft – not being paid what you are owed – is a serious matter in NYState. As of 2023, it is considered a form of larceny under New York State Penal Law section 155.  Failure to pay wages may result in referral to a local District Attorney for consideration for criminal prosecution. Beyond this, you can file an unpaid wage complaint with the NYS Department of Labor Division of Labor Standards. Complaint forms can be found at https://dol.ny.gov/unpaidwithheld-wages-and-wage-supplements.  Contact TCWC for assistance (see below) or call the NYSDOL at (888-469-7365). TCWC can help you prepare and file your complaint.

Getting Help

More Information

Termination

I Just Got Fired.  Do I Have Any Rights to Fight the Termination?

   Yes and no. Unionized workers and many public-sector employees are protected by contracts or policies that prohibit discharge without just cause.  Unionized workers should immediately seek the assistance of a union representative in the event of termination. Most federal, state, and local government employees, whether unionized or not, are covered by a variety of civil service laws that deal with the issue of unfair discharge. Private sector non-union jobs are different. New York is an “employment at will” state, meaning that a private-sector employer can pretty much discharge employees who are not in a union for a good reason, a bad reason, or no reason at all, without you having any legal recourse against this. You can be fired even if you are the most senior employee, your performance is outstanding and your attendance is perfect. It may seem terribly unfair … and it is!

But They Violated the Procedures in the Employee Handbook!

   Discharge in violation of either a written or implied contract of employment might entitle an employee to sue his employer for reinstatement and lost wages. In a few cases, employee manuals have been found to create an implied contract of employment. At a minimum it gives you a basis for filing an internal complaint or grievance.

I Think There Is An Issue of Discrimination Here

   Employers may not discharge an employee because of his or her race, color, creed, religion, gender, sexual orientation, national origin, age, marital status, or disability. If you feel your termination was a discriminatory act as defined above, report it to the Tompkins County Human Rights Commission, NYS Division of Human Rights or the US Equal Employment Opportunity Commission. You might also be able to initiate a private lawsuit. See chapter on “Discrimination” for more information. 

What Other Circumstances Might Make the Termination Illegal?

   If you were fired for being a whistleblower, meaning you reported illegal activity by your employer that may be harmful to public safety or refused to engage in illegal activity at work, you should reach out to the agency responsible for the type of misconduct you reported. If you are unsure of which agency to contact, you can find information and useful links at https://www.workplacefairness.org/whistleblowing.
   If your firing was a result of your participation, on your own time, in lawful political or recreational activities, consult with the American Civil Liberties Union, Central NY office (https://www.nyclu.org/about/regional-offices/central-new-york). You can also find useful information at https://www.workplacefairness.org/retaliation-political-activity/ or https://www.workplacefairness.org/retaliation-public-employees/

   If your termination was due to your taking time off for medical or family reasons, the time you took off might be protected under the Family and Medical Leave Act (FMLA). See section on FMLA for more information.
If you were fired for “concerted action,” meaning engaging or talking with coworkers about pay, working conditions, or the need for a union, or complaining to the boss about pay or working conditions, you may be protected under the National Labor Relations Act (NLRA). For more information see the section on Your Right to Form a Union.

   You may be fired for other reasons that could be considered wrongful termination.  The Workers’ Center can help in assessing your particular circumstances and refer you to a competent employment attorney if appropriate.

I Was Fired While on Disability or Workers’ Compensation Leave! 

   Your employer cannot fire you because you filed a claim for disability or workers’ compensation benefits but can replace you if you are unable to work. Your job does not have to be held for you until you are able to return to work, unless your leave is covered under the FMLA, or you are covered by a union contract that may provide recall rights while you are on disability or workers’ compensation leave.  Some public employees also have limited recall rights.

OK, My Termination was Legal but Still Unfair. What Can I Do?

   Unionized employees clearly have an advantage in dealing with any termination – a just cause requirement, contractual rights, a grievance process, union representatives to assist, and the possibility of arbitration by a neutral third party. If you do not have a union, you may have to figure it out yourself and go it alone. In seeking to be reinstated, take a deep breath and remember to always keep your cool. Angry letters or outbursts will only confirm for the employer that they were justified in letting you go. You also need to make the appropriate response at the earliest possible moment – as soon as you receive notification of the termination.

   First, go to the personnel or human resource department to find out the employer’s policy for handling employee complaints (grievances). Information on your employer’s complaint policy may also be found in your employee handbook.  Follow this procedure and file a written complaint about the termination. Be brief and factual; avoid critical or harsh language.  

   Second, if there is no complaint policy, all is not lost. Find out who has the power to reinstate you and go as high up in the chain of command as is reasonably possible. Request a private meeting to explain why you want to keep your job and why the employer needs you and see if they can help. Be prepared to be flexible as well as confident. You may have to accept a transfer to another department (particularly if the termination was related to difficulties with a supervisor), or even a pay cut, or agree to return to work on a probationary basis (if alleged poor performance was the basis for termination).

Are Any “Fringe Benefits” Payable Upon Termination?

   If your employer offers vacation time, you must be paid for all accrued but unused time if you decide to quit or are terminated. The only way you would not be paid for vacation time is if there is a written company policy that specifically forfeits your right to receive vacation pay. Your employer must have informed you, in writing, of any conditions that make this benefit null and void. In the absence of such a policy, the employer is required to pay the employee for all accrued vacation time. Contact the NYS Department of Labor at 1-888-4-NYSDOL (1-888-469-7365).

Unemployment Benefits

   In most cases you should be entitled to NYS Unemployment Compensation. See section in this Handbook.

 

Getting Help                                            

More Information                                                  

Health and Safety

Are There Any Laws Relating to Safety and Health on the Job?

   Yes, OSHA (Occupational Safety and Health Administration) is established to protect workers in the private sector and PESH (NYS Public Employee Safety and Health) does the same for NY workers in the public sector. In general, your employer must provide a place of employment that is free of recognized hazards and must obey safety standards and regulations. These standards:

  • Limit the amount of hazardous chemicals workers can be exposed to
  • Mandate the use of certain safety practices and equipment
  • Guarantee you the right to file a complaint and get an OSHA (or PESH) inspection
  • Require employers to train workers about chemical and other hazards
  • Protect workers against retaliation for raising safety concerns

Am I Entitled to Any Information About Chemicals I Work With?

   Yes, OSHA’s Hazard Communication Standard (“HazComm”) says your employer must train you before you work with or are exposed to any chemical product. The training should inform you of the hazards, let you know how you can tell if you are overexposed, and tell you how you can protect yourself. Employers must also give you access to chemical information sheets, called Safety Data Sheets (SDS). All products must be clearly and properly labeled as well.

Am I Entitled to Any Other Health and Safety Information?

   Yes, if your employer, OSHA, or someone hired by your employer conducts any workplace monitoring (testing the air for chemicals, testing noise levels, or measuring radiation), you have the right to get the results of such tests upon request. You also have the right to get any of your medical records kept by your employer, including all medical exams. Finally, OSHA requires most employers to post OSHA citations in the workplace and keep a yearly log of all reported work-related injuries and illnesses (OSHA 300 Log). You have a right to receive a copy of this log. To get any of this information, give your employer a dated, written request (keep a copy). If it is not provided within 15 days, you can file a complaint with OSHA.

What Should I Do If I am Concerned About a Safety Hazard?

   Speak to your supervisor or employer about the situation and ask them to rectify the hazard. If you have a Union, contact your Union steward. You can also request an OSHA inspector to come to your workplace if you believe hazardous conditions or violations exist. The best way to do this is to file a complaint with our OSHA Area office in Syracuse. The form to do this is online at https://osha.gov/workers/file-complaint. A written or electronic complaint form from an employee is the action most likely to result in an OSHA workplace inspection. The complaint form is simple and easy to complete. The Hazard Description and Hazard Location are the most important parts of the form, as this information is critical for the OSHA inspector. Thus, it is important to be as accurate and thorough as possible. Although the form must be signed and contact information must be given so that the compliance officer can contact you, you can remain anonymous by checking the “do not reveal my name to my employer” box.

Can My Employer Retaliate Against Me?

   You have a right to demand a safe work environment without fear of punishment. It is illegal for an employer to punish, discriminate or discipline any worker for raising or reporting health and safety problems or for participating in safety and health committees or OSHA inspections.  If you feel there has been retaliation, file a complaint with OSHA within 30 days from the time of your employer’s action.

Can I Refuse Work That Might Put Me in Serious Danger?

   OSHA does not sufficiently protect workers who refuse dangerous work. The required conditions to justify a refusal to work are rarely met, and workers can face a difficult decision – to work in a dangerous situation or to refuse to work and risk termination or discipline. The best thing to do if you face a serious safety hazard is to call the OSHA Imminent Danger Hotline at 800-321-OSHA (6742). Specify where you are working, the hazard, and your name and telephone number. If OSHA agrees that an imminent danger does exist (a danger involving a risk of death or serious physical harm immediately, such as working on unsafe scaffolding), they will send an inspector to the worksite immediately.

   If you choose to refuse to perform the dangerous work your right to refuse unsafe work is protected if all of the following are met:

  • You truly believe a danger exists
  • A reasonable person would agree
  • There is not enough time to have OSHA inspect
  • You ask your employer to correct the hazard or assign other work to you and indicate that you will not perform the work unless the hazard is corrected
  • Your employer refuses to eliminate the danger
  • You refuse to do the unsafe work but remain at the worksite until ordered to leave by the employer
  • If possible, take a picture of the unsafe condition

Is My Workplace Safe If We Meet OSHA Standards?

   Possibly not. For example, your employer may be meeting OSHA’s chemical exposure limits, but many chemicals have been proven to have health effects at or below the legal limits set by OSHA. Also, new chemicals are developed all the time for which no OSHA limits have been set. And OSHA does not cover all workplace hazards that exist, particularly ergonomic dangers such as back and repetitive strain injuries.

What Can I Do If I Think The Air In My Workplace Is Making Me Sick?

   Inadequate or poorly maintained ventilation systems in many modern, highly insulated buildings (with windows that don’t open!) may cause a host of respiratory ailments (like asthma) due to smoke, molds, and airborne viruses.  Other indoor air quality (IAQ) hazards include asbestos, carbon monoxide, diesel exhaust, ozone, and radon gas.  Unfortunately, OSHA has few standards governing indoor air quality, so filing a complaint with OSHA may not help. It is up to workers, individually and collectively, through your union or otherwise, to attempt to resolve IAQ problems by working with management to eliminate the source of contamination.  You should inform your supervisor and union steward as soon as you suspect that you may be suffering from an illness related to poor air quality.  Such an illness – related to work – may be obvious if you feel better away from the workplace.  Keep records—good documentation is essential should your illness progress to the point where you may be forced out of work and you need to file a workers’ compensation claim. Good online sources of information on this subject include https://www.osha.gov/indoor-air-quality and https://epa.gov/iaq. Specific information for school employees (and useful for others) may be found at: https://epa.gov/iaq/schools.

Do Undocumented Immigrant Workers Have the Same Workplace Health and Safety Protections?

   Yes! immigrant workers often face a higher risk of workplace injury and illness.  All workers have an equal right to a safe and healthy workplace regardless of their immigration status. 

Is There a Medical Facility That Can Help Determine If My Injury or Illness is Work-Related?

   Yes, the Central New York Occupational Health Clinical Center specializes in diagnosing and treating occupational diseases, including those that may be related to indoor air quality.  See “Getting Help” below for contact information.

Getting Help

More Information

Office environments and safety: https://www.cdc.gov/niosh/office-environment/about/index.html

Your Right to Form a Union

How Can A Union Help Me?

   Working people from all walks of life join together in unions to gain rights, benefits, and a voice at work. Unions negotiate and usually obtain better pay, benefits, working conditions, and a say in how workers’ jobs get done. Almost all union contracts (also called Collective Bargaining Agreements, or CBAs) end the “employment at will” status for employees. This means that your employer must not only provide a reason should they seek to terminate you, but that reason must be consistent with the provisions of your union contract and, in some cases, provable before an impartial arbitrator.

What is a Union Contract?

   The members of the union, usually with help from a union staff person, sit down with management to negotiate a legally binding contract. The contract sets the terms and conditions of your employment. It typically contains provisions relating to pay and benefits, discipline (prohibiting termination without just cause and establishing procedures for other disciplinary matters), other matters related to your employment. The contract also  establishes a formal grievance procedure for resolving complaints.

Am I Eligible to Join a Union?

   Federal and state laws guarantee most employees the right to join together with other employees for the purpose of collective bargaining, negotiating their terms and conditions of employment, and engaging in other concerted activities for mutual aid and protection. This includes the right to organize, join and support a union of your own choosing. Supervisors and managers are typically excluded from these provisions. Farm workers have these rights in NY, but typically not elsewhere, based on the 2019 passage of the Farmworker Fair Labor Practices Act.

What Are “Concerted Activities”?

   Workers have the right to engage in “concerted activities” even without the protection of an organized union. Concerted activities occur anytime two or more workers join together in an effort to improve working conditions. A single employee may also engage in protected concerted activity if he or she is acting on the authority of other employees, bringing group complaints to the employer’s attention, trying to induce group action, or seeking to prepare for group action. Examples might include two workers speaking to the boss about higher wages or one worker speaking on behalf of him or herself and others about more vacation time. You and your co-workers can engage in protected concerted activities whether or not you are in a union. It may, however, be useful to first consult with the Workers’ Center before engaging your boss on these issues (see below for contact information). You can also file an unfair labor practice complaint with the National Labor Relations Board (NLRB) if an employer violates your right to concerted activity with or without a union (farmworkers and workers in the public sector in NYS would use the NYS Public Employment Relations Board for this purpose) While any group of workers can engage in concerted activities, forming a union can give you and your fellow workers the full measure of legal protection and the Workers’ Center is available to assist with this process.

How Do I Go About Forming a Union at My Workplace?

   An employer must recognize and bargain with a union chosen by a majority of the employees. To form a union at your workplace, it is best to first reach out to co-workers who share similar concerns, identify the issues that would be addressed by unionization, and begin to meet regularly to build support. You might want to meet with someone from the Workers’ Center to advise you and perhaps help identify a union organizer to provide additional support. The organizer will work with you gather signed union authorization cards from a significant portion of your workforce demonstrating support. With these in hand you can meet with your employer seeking voluntary union recognition. If the employer refuses, your union can file a petition with the National Labor Relations Board to hold a unionization election. You will then campaign for support, educating your co-workers about the benefits of unionization and encouraging them to vote in favor of the union during the election. If a majority votes in favor, your union will be officially certified and begin negotiating a collective bargaining agreement with your employer.

 

 

   There are many labor unions that can help.  Many of them focus on a particular kind of industry or type of service, so contacting someone who understands your workplace is a good start. Contact the Workers’ Center or one of the unions listed below for guidance on this important first step.  

What If My Employer Opposes Our Effort to Organize a Union?

   The law says your employer cannot punish or discriminate against any worker because of union activity. The employer cannot fire, lay off, discipline, transfer or reassign employees because of their union support, nor even threaten to do any of those things. The employer cannot favor employees who don’t support the union over those who do in promotions, job assignments, wages, and other working conditions. Nor can the employer lay off employees or take away benefits or privileges employees already have in order to discourage union activity. You have the right to:

  • Attend meetings to discuss joining a union
  • Read, distribute and discuss union literature as long as you do this in non-work areas during non-work times, such as breaks or lunch hours
  • Wear union buttons, T-shirts, stickers, hats, or other items on the job at most worksites
  • Sign a card asking your employer to recognize and bargain with the union
  • Sign petitions or file grievances related to wages, hours, working conditions, and other job issues (in the public sector, this activity must be part of an attempt to form a union)
  • Ask other employees to support the union, to sign union cards or petitions, or to file grievances

Who Will Help If I Am Discriminated Against for Union Activity?

   In spite of your legally protected right to form a union, some employers go to great lengths to prevent workers from organizing, including engaging in conduct that is in clear violation of labor law.  If you think your employer has violated your right to join or support a union or to have a voice on the job, you can file charges with the NLRB (National Labor Relations Board) or PERB (New York State Public Employment Relations Board). Also, contact your Union or the Union you are trying to join. Charges with the NLRB must be filed within six months of the illegal action or conduct against you (within four months for PERB). Any person can file an initial charge with the NLRB about an unfair labor practice; you do not need to be an employee. To help your case, keep notes of any incidents such as employer threats, harassment, or punishment of workers trying to form a union.   Include the time, date, place, description of the incident, who was involved, and the names of any witnesses. The NLRB and PERB can order your employer to stop interfering with employee rights and to provide back pay or reverse any action against workers for their union activity.

Get Help

More Information from Individual Unions

Paid Family Leave and Sick Leave

   New York’s Paid Family Law provides workers paid time off to care for family members or for the birth or adoption of a child. It is similar to the federal Family and Medical Leave Act (FMLA), except leave taken under PFL is paid. NY also has a program providing paid sick leave (PSL). Employers cannot penalize workers in any way for missing work for FMLA PFL, or PSL-acceptable reasons.

What is Paid Family Leave (PFL)? Am I Eligible?

   PFL becomes available when you have to be away from work to care for a child, spouse or parent with a serious health condition. It also entitles you to take leave for childbirth, to care for a newborn or a recently adopted child, or a child placed in foster care with you. PFL provides you 67% of your weekly wages (or 67% of the statewide average weekly wages – SAWW – if your average weekly wage exceeds the SAWW). Workers may take up to 60 days of PFL leave per year. Your employer cannot require that you use any of your work-provided paid time off in lieu of PFL.

   Most employees in New York State who work for private employers, including farmworkers and domestic workers, are eligible to take Paid Family Leave. Employees who work for public employers may be covered for PFL if their employer has voluntarily opted to provide the benefit, or if it is in union collective bargaining agreement. If you regularly work 20 or more hours a week you are eligible for PFL after 26 consecutive weeks of employment. Part-time employees who work less than 20 hours per week are eligible after working 175 days, which do not need to be consecutive. For more information on PFL benefits and eligibility, please visit https://paidfamilyleave.ny.gov/

What about Sick Leave?

   In addition to PFL, employees can take time off under New York’s Paid Sick Leave law (PSL) for their own mental/physical illness, injuries, or a health condition (regardless of whether it has been diagnosed or requires medical care at the time of the request for leave); as well as for medical treatment or preventative care. It is also available for victims of domestic violence for many purposes related to the situation. And it can also cover time off needed to care for a sick family member.

   Paid sick leave for eligible employees accrues at a rate of one hour for every 30 hours worked. Workers employed by large employers (i.e. with at least one hundred employees) can get to up to 56 hours of paid sick leave per calendar year; those working for employers with between five and ninety-nine employees or with a total income of at least $1 million can get up to 40 hours of paid sick leave; and all others can get up to 40 hours of unpaid sick leave per year. For more information on PSL benefits and eligibility, please visit For more information on PFL benefits and eligibility, please visit https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave.

How Does US Family and Medical Leave (FML) supplement NY’s PFL and PSL?

   The Family and Medical Leave Act (FML) provides job-protected, leave for employees for qualified medical and family reasons. While it is unpaid and only applies to employers with 50 or more employees, if you qualify it can extend job-protected PFL or PSL leave. This is because it extends for 12 weeks or 60 days of leave, which is more than provided by NY’s programs. So, in certain circumstances when your paid NY leave runs out, you can continue under the US unpaid family and medical leave program until its time allowance runs out. For more information on FML benefits and eligibility, please visit https://www.dol.gov/general/topic/benefits-leave/fmla.

Can My Request to Go on Paid Family Leave Be Denied?

   If the reason for the leave qualifies under the law and you are an eligible employee, your boss cannot deny it for any reason (production, your importance to the operation, etc.). Nor can you be told to perform light-duty work in lieu of medical leave. You can take the 60 days (12 weeks) at one time, or at different times during the year, or even take it as partial days (say 1/2 day each week, or one day one week and two days the next week, say for treatment of a chronic condition). You can also take less than 12 weeks if that is all you need.    

Can I Be Penalized for Using PSL/PFL/FMLA Leave?

   You cannot in any way be penalized or discriminated against for missing work if the leave is covered under PSL/PFL/FMLA. Absences under PSL/PFL/FMLA, therefore, cannot be used as points under an attendance policy, as a reason for denying a pay increase or promotion, as the basis for a poor evaluation, or in any other negative manner. In addition, whether you are out for a week or 12 weeks, upon your return, you must be restored to your former position (or to an equivalent position) with no loss of seniority or benefits. An “equivalent” position means that it must offer virtually identical pay, benefits, skills, and responsibilities.  Your employer must also continue all your health benefits while you are out on leave. 

Get Help

Tompkins County Workers’ Center: tcwrh@tcworkerscenter.org  or  607-269-0409

NYS DOL:  4-NYSDOL (888-469-7365) or https://dol.ny.gov/contact-dol

 

More Information      

NYS Paid Family Leave: https://www.paidfamilyleave.ny.gov

NYS Paid Sick Leave: https://www.ny.gov/programs/new-york-paid-sick-leave

US Unpaid Family & Medical Leave: https://www.dol.gov/whd/fmla

Discrimination

What is Discriminatory Behavior by an Employer?

   Discriminatory behavior is any differential treatment that is based on or related to your race, color, national origin, age, disability, gender, sexual orientation, pregnancy, creed, religion or citizenship. With regard to race, it is also illegal for employers in NY to discriminate against employees on the basis of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. Differential treatment includes refusing to hire you, refusing to promote you, firing you, paying you differently, providing lesser or different working conditions or benefits, treating you differently in terms of job assignments, harassment, training, or layoffs, or treating you differently than other employees in any other way. You do not need to identify a similarly situated employee who was treated more favorably to establish that your employer discriminated against you. In addition, supervisors may not harass or mistreat someone because of their age, gender, race, or any other group characteristic. Repeated jokes about age or race, for example, or excessive supervision or particularly harsh discipline may violate discrimination laws. 
   Both federal and state laws also prohibit gender identity discrimination. In New York, an employer may not discriminate against an employee, either by misgendering or otherwise, regardless of the employer’s personal religious beliefs. This also applies to non-binary workers (do not identify with the prevailing male-female gender paradigm).

Are All Employers Covered?

   All employers in NY, regardless of how many people they employ, are covered. Federal anti-discrimination laws are less protective, applying only to employers with 15 or more employees. The protections in NY also extend to unpaid interns, non-employees working under a contract (e.g. contractors, subcontractors, vendors, and consultants), and domestic workers. The NYS Division of Human Rights and the US Equal Employment Opportunity Commission investigate complaints and enforce anti-discrimination laws (see below for contact information). 

Does This Apply to Pregnancy Too?

   Yes, pregnancy discrimination – taking any adverse action against an employee (or contract worker in the workplace) because the employee is pregnant, intends to become pregnant, recently was pregnant, or recently gave birth – is also illegal. As long as a pregnant woman can perform her job functions, an employer cannot refuse to hire her or prohibit her from working. If a worker is unable to perform a job because of the pregnancy, the employer must treat her the same as any other temporarily disabled worker – for example, by providing modified tasks, alternative assignments, disability leave, and return to work options.

Does This Apply to Immigrant Workers Too?

   Yes. Employers may no more discriminate against an “undocumented” worker than they may discriminate against any other employee. An employee born in a foreign country, appearing to be foreign, or having a foreign name or accent may not be treated differently than other employees.

Are There Questions in an Interview or Application That I Don’t Have to Answer?

   Questions concerning age, race, religion, marital status, national origin, disability, and other personal characteristics are illegal. You cannot, for example, be asked:

  • Are you a United States citizen? (OK question: Are you authorized to work in the US?)
  • Where were you born? Where were your parents born?
  • What is your native language? (OK: What languages do you read, speak or write?)
  • How old are you? (OK: Are you over 18?)
  • When did you graduate from college?
  • What is your marital status?
  • Who lives with you? Do you plan to have a family?
  • How many children do you have? What do you do for child care?
  • What social organizations do you belong to? (OK: Do you belong to any groups that are relevant to your ability to perform this job?)

If I Think Discrimination is Occurring, What Should I Do?

  • Keep a journal that includes incidents, dates, witnesses, and evidence – be as detailed as possible.
  • Talk with co-workers about the discrimination – you may not be alone.
  • Explain to your employer why you feel that you are being treated unfairly. If your employer has a complaint procedure, use it.
  • If you are a union member, contact your steward or officer.

Getting Help

More Information                                              

Breastfeeding Rights

I Just Got Fired.  Do I Have Any Rights to Fight the Termination?

   Yes and no. Unionized workers and many public-sector employees are protected by contracts or policies that prohibit discharge without just cause.  Unionized workers should immediately seek the assistance of a union representative in the event of termination. Most federal, state, and local government employees, whether unionized or not, are covered by a variety of civil service laws that deal with the issue of unfair discharge. Private sector non-union jobs are different. New York is an “employment at will” state, meaning that a private-sector employer can pretty much discharge employees who are not in a union for a good reason, a bad reason, or no reason at all, without you having any legal recourse against this. You can be fired even if you are the most senior employee, your performance is outstanding and your attendance is perfect. It may seem terribly unfair … and it is!

But They Violated the Procedures in the Employee Handbook!

   Discharge in violation of either a written or implied contract of employment might entitle an employee to sue his employer for reinstatement and lost wages. In a few cases, employee manuals have been found to create an implied contract of employment. At a minimum it gives you a basis for filing an internal complaint or grievance.

I Think There Is An Issue of Discrimination Here

   Employers may not discharge an employee because of his or her race, color, creed, religion, gender, sexual orientation, national origin, age, marital status, or disability. If you feel your termination was a discriminatory act as defined above, report it to the Tompkins County Human Rights Commission, NYS Division of Human Rights or the US Equal Employment Opportunity Commission. You might also be able to initiate a private lawsuit. See chapter on “Discrimination” for more information. 

What Other Circumstances Might Make the Termination Illegal?

   If you were fired for being a whistleblower, meaning you reported illegal activity by your employer that may be harmful to public safety or refused to engage in illegal activity at work, you should reach out to the agency responsible for the type of misconduct you reported. If you are unsure of which agency to contact, you can find information and useful links at https://www.workplacefairness.org/whistleblowing.
   If your firing was a result of your participation, on your own time, in lawful political or recreational activities, consult with the American Civil Liberties Union, Central NY office (https://www.nyclu.org/about/regional-offices/central-new-york). You can also find useful information at https://www.workplacefairness.org/retaliation-political-activity/ or https://www.workplacefairness.org/retaliation-public-employees/

   If your termination was due to your taking time off for medical or family reasons, the time you took off might be protected under the Family and Medical Leave Act (FMLA). See section on FMLA for more information.
If you were fired for “concerted action,” meaning engaging or talking with coworkers about pay, working conditions, or the need for a union, or complaining to the boss about pay or working conditions, you may be protected under the National Labor Relations Act (NLRA). For more information see the section on Your Right to Form a Union.

   You may be fired for other reasons that could be considered wrongful termination.  The Workers’ Center can help in assessing your particular circumstances and refer you to a competent employment attorney if appropriate.

I Was Fired While on Disability or Workers’ Compensation Leave! 

   Your employer cannot fire you because you filed a claim for disability or workers’ compensation benefits but can replace you if you are unable to work. Your job does not have to be held for you until you are able to return to work, unless your leave is covered under the FMLA, or you are covered by a union contract that may provide recall rights while you are on disability or workers’ compensation leave.  Some public employees also have limited recall rights.

OK, My Termination was Legal but Still Unfair. What Can I Do?

   Unionized employees clearly have an advantage in dealing with any termination – a just cause requirement, contractual rights, a grievance process, union representatives to assist, and the possibility of arbitration by a neutral third party. If you do not have a union, you may have to figure it out yourself and go it alone. In seeking to be reinstated, take a deep breath and remember to always keep your cool. Angry letters or outbursts will only confirm for the employer that they were justified in letting you go. You also need to make the appropriate response at the earliest possible moment – as soon as you receive notification of the termination.

   First, go to the personnel or human resource department to find out the employer’s policy for handling employee complaints (grievances). Information on your employer’s complaint policy may also be found in your employee handbook.  Follow this procedure and file a written complaint about the termination. Be brief and factual; avoid critical or harsh language.  

   Second, if there is no complaint policy, all is not lost. Find out who has the power to reinstate you and go as high up in the chain of command as is reasonably possible. Request a private meeting to explain why you want to keep your job and why the employer needs you and see if they can help. Be prepared to be flexible as well as confident. You may have to accept a transfer to another department (particularly if the termination was related to difficulties with a supervisor), or even a pay cut, or agree to return to work on a probationary basis (if alleged poor performance was the basis for termination).

Are Any “Fringe Benefits” Payable Upon Termination?

   If your employer offers vacation time, you must be paid for all accrued but unused time if you decide to quit or are terminated. The only way you would not be paid for vacation time is if there is a written company policy that specifically forfeits your right to receive vacation pay. Your employer must have informed you, in writing, of any conditions that make this benefit null and void. In the absence of such a policy, the employer is required to pay the employee for all accrued vacation time. Contact the NYS Department of Labor at 1-888-4-NYSDOL (1-888-469-7365).

Unemployment Benefits

   In most cases you should be entitled to NYS Unemployment Compensation. See section in this Handbook.

 

Getting Help                                            

More Information                                                  

Sexual Harassment

What is Harassment?

   In 2019 New York State strengthened protections against workplace discrimination and harassment, including sexual harassment. The new law eliminates the restriction that harassment must be “severe or pervasive” in order to be legally actionable, and now recognizes harassment to be any instance where an individual is subjected to inferior terms, conditions, or privileges of employment. Domestic workers are now also legally protected from workplace discrimination and harassment. Moreover, all non-disclosure agreements must allow employees to file a complaint of harassment or discrimination, and the statute of limitations for employment sexual harassment claims increased from one year to three years.

What is Sexual Harassment?

   Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 

  • Your submission to or rejection of this conduct may affect whether you keep your job or get a promotion, a good job assignment, or some other job benefit.
  • This behavior unreasonably interferes with your work performance or creates an intimidating, hostile or offensive working environment.

   The sexual harassment offender can be a man or a woman, a member of the opposite sex or a member of the same sex. 

Can You Give Me Some Examples of Sexual Harassment?

   Examples of behavior that may constitute sexual harassment include pressure for sexual favors; pornographic material left on your desk or work area; touching, “goosing,” patting, hugging; leering, whistling, catcalls or howling; using demeaning terms such as “sweetheart,” “babe” or “honey;” sexual teasing and jokes; posting cartoons, posters or drawings of a sexual or insulting nature; asking personal questions, telling lies or spreading rumors about your social or sex life; making sexual remarks or gestures and actual or attempted sexual assault. The harasser’s behavior must be unwelcome for the conduct to be considered harassment.

   The harasser may be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee; and can be the same or the opposite sex of the victim. A victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

What Must My Employer Do If I Am Sexually Harassed? 

   Sexual harassment is illegal, and no worker should be forced to tolerate it. An employer must investigate sexual harassment complaints and take appropriate action to end the harassment. Prevention is the best policy: employers should clearly communicate to employees that sexual harassment will not be tolerated, should have an effective complaint process, and take immediate and appropriate action when an employee complains.

What Should I Do If I Am Sexually Harassed? 

   You are not required to directly inform the harasser that the conduct is unwelcome, but you should make sure that you, your union if you have one, or someone you designate lets management know about your complaint.  You also should keep a written record of the harassment incidents. If your employer has a complaint procedure, you are required to use it.

I Filed a Complaint With My Employer, But Nothing Happened

   Sexual harassment is illegal, and you may file employment discrimination charges with the EEOC (Equal Employment Opportunity Commission) or the NYS Division of Human Rights (DHR). EEOC charges must be filed within 300 days, though it’s preferable to file within 240 days. DHR charges must be filed within one year. You may file a charge as an individual or as part of a group (known as “class action”). You can also file a lawsuit in State Court for a violation of New York’s Human Rights Law. The lawsuit must be filed within three years.

Get Help

  • NYS Division of Human Rights: Hotline 1-800-HARASS-3; Factsheet – FAQ
  • Tompkins County Workers’ Center: tcwrh@tcworkerscenter.org or 607-269-0409   

More Information                   

Disability and Accommodation

 

   The Americans With Disabilities Act (ADA) and the New York State Human Rights Law (HRL) protect persons with disabilities against discrimination in employment.

What is a Disability?

   Under the ADA you have a disability if you have a physical or mental impairment that substantially limits you in one or more of your major life activities, such as hearing, speaking, walking, breathing, performing manual tasks, lifting, working, and caring for yourself. You are also covered if you have a record of a disability or are regarded by others as having a disability, even if you do not actually have one. Under the HRL, the definition of disability is broader, and you may be covered for a condition not covered by the ADA.

What Protections Do I Have with a Disability?

   Both laws prohibit discrimination against individuals with disabilities – in job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. In addition, both laws require employers to provide reasonable accommodation so that the employee can perform the essential functions of the job (ADA) or perform the job in a reasonable manner (HRL).

Are All Employers Covered By These Laws?

   The HRL covers employers with one or more employees. The ADA covers private-sector employers with 15 or more employees and all state and local governments and employment agencies.

What is the Reasonable Accommodation Requirement?

   If you are or become disabled, your employer is required to make accommodations (changes to the work environment or the way jobs are done) so that you can still work. The accommodation must be “reasonable” and not impose an undue hardship on the employer (meaning requiring significant difficulty or expense). Employers, especially larger ones, typically have a hard time proving “undue hardship” since most accommodations are not expensive relative to their resources. Though the employer is required to provide the accommodation, you, the worker with a disability, must take the initiative in suggesting what change would make it possible to do the job or in getting the employer to help you figure out the appropriate accommodation.

Can You Give Some Examples of Reasonable Accommodations?

   Each disabled worker and the employer can use their creativity or get outside help (see below) to figure out what is best, but here are a few examples:

  • Making existing equipment usable, for example by modifying the height of equipment or desks, installing telecommunications for the deaf or computer screen magnifiers
  • Restructuring jobs—changing assignments, providing a reader or interpreter, modifying work schedules so regular medical treatment is possible, or permitting telecommuting for workers who may be homebound.

Can An Employer Ask About My Disability in a Job Interview?

   If you are applying for a job, an employer cannot ask you if you are disabled, about the nature or severity of your disability or require you to take a medical exam.  If an employer is aware of your disability, you may be asked to describe how you can perform the duties of the job and whether an accommodation would be needed. You may be required to take a medical exam after a job offer.

I Think I Am a Victim of Discrimination.  What Should I Do?

   Your right to be protected from disability discrimination is enforced by both the US Equal Employment Opportunity Commission (EEOC) and the NYS Division of Human Rights. If you think discrimination is occurring it is always a good idea to keep a written record of all incidents, including a description of the discrimination – what was said, time and place, and witnesses. Be as factual and specific as possible.

Get Help

  • Equal Employment Opportunity Commission: info@eeoc.gov or 800-660-4000; ready to file a complaint? Go to EEOC Public Portal
  • NYS Division of Human Rights: 1-888-392-3644; or NYSDHR online complaint form  
  • Job Accommodation Network (JAN): org or go here to contact JAN                                                                                                                                    

More Information                   

Bullying

What is NYS Disability?

   New York State Disability benefits are cash payments made to workers who suffer an off-the-job injury or illness.  Covered employers are required to carry insurance that will provide a weekly benefit to temporarily disabled workers. New York is one of only a few states that requires employers to provide disability benefits coverage for off-the-job injuries or illnesses.

Do I Work For a Covered Employer?

   Yes, in most cases. You are covered provided you’ve been on the job for at least four weeks.  Some exceptions include government employees and certain employees of religious organizations or non-profit entities.

Is There Any Cost to Employees for NYS Disability Insurance?

   Maybe. Employers are not required to charge employees for NYS disability insurance coverage, but they can choose to deduct no more than 60¢ a week (or half of one percent of an employee’s wages) to offset the cost of providing this benefit. Workers with multiple jobs may ask each employer to adjust their contributions based on their earnings at each job; the combined contributions cannot exceed 60 cents per week. Some employers also offer supplemental disability benefits (AFLAC is one example) at an additional cost.  Such plans in conjunction with NYS Disability often replace all or nearly all of a worker’s lost wages.

What Benefits Will I Receive Under NYS Disability?

   NYS Disability pays 50% of your average weekly wage, up to a maximum of $170/week.  After a seven-day waiting period, benefits are paid for a maximum of twenty-six weeks.  Unlike Workers’ Compensation, claimants for disability benefits are responsible for medical expenses.  

Can I Collect NYS Disability Benefits if I Am On Pregnancy or Maternity Leave?

   Pregnancy and any related illness or complication is one of the medical conditions covered under the law. An employee is entitled to coverage only for the time when she is actually unable to work due to pregnancy or childbirth, which is typically 4-6 weeks before and 4-6 weeks after giving birth. An employee who becomes disabled earlier than 4-6 weeks prior to giving birth or continues to be unable to work more than 4-6 weeks after giving birth may have to submit additional medical documentation to support her claim.

What is the Difference Between Disability Benefits and Paid Family Leave?

   While paid family leave is only available after birth (or adoption), an employee may be eligible for disability leave for prenatal conditions, provided they can provide medical paperwork to demonstrate need. You may not collect disability benefits and paid family leave benefits at the same time. Your combined total PFL and disability leave within the span of one year may not exceed 26 weeks.

I Am On FMLA Leave. Am I Eligible For NYS Disability?

   Definitely!  In fact, being on FMLA leave means your employer is obligated to maintain their share of the cost of your medical insurance, so your liability for medical expenses related to your disabling condition will be less. If you suffer an off-the-job injury or illness and expect to miss significant time from work, you should apply for FMLA leave if you are eligible, as well as submit a claim for NYS Disability.  See “Family & Medical Leave,” elsewhere in this Handbook.

I Got Laid Off Last Month and Then Broke My Leg.  Am I Still Eligible For NYS Disability?

   Yes. You are eligible if you suffer your injury within four weeks of becoming unemployed; the benefits are provided by your last employer’s disability insurance carrier. If you become disabled more than four weeks after your employment ends, but are ineligible for or nor receiving unemployment benefits, you can make a claim for disability benefits. You may not collect both unemployment and disability benefits at the same time.

Can My Employer Make Me Get a Medical Examination?

   Yes, by the employer’s choice of a medical provider, but not more than once a week and at the employer’s expense.

OK, I Think I Am Eligible. How Do I File A Claim?

   If you are presently employed or have been unemployed for four weeks or less, file a DB-450 claim form with your current or last employer.  If you’ve been out of work for more than four weeks, file a DB-300 claim form and mail it to the address on the form.  In either case, your health care provider must complete Part B of the form.  The Workers’ Compensation Board administers NYS Disability claims, and forms are available online at wcb.ny.gov/Forms, or by calling the district office listed below.   

Get Help

More Information

Teen Workers

What is NYS Disability?

   New York State Disability benefits are cash payments made to workers who suffer an off-the-job injury or illness.  Covered employers are required to carry insurance that will provide a weekly benefit to temporarily disabled workers. New York is one of only a few states that requires employers to provide disability benefits coverage for off-the-job injuries or illnesses.

Do I Work For a Covered Employer?

   Yes, in most cases. You are covered provided you’ve been on the job for at least four weeks.  Some exceptions include government employees and certain employees of religious organizations or non-profit entities.

Is There Any Cost to Employees for NYS Disability Insurance?

   Maybe. Employers are not required to charge employees for NYS disability insurance coverage, but they can choose to deduct no more than 60¢ a week (or half of one percent of an employee’s wages) to offset the cost of providing this benefit. Workers with multiple jobs may ask each employer to adjust their contributions based on their earnings at each job; the combined contributions cannot exceed 60 cents per week. Some employers also offer supplemental disability benefits (AFLAC is one example) at an additional cost.  Such plans in conjunction with NYS Disability often replace all or nearly all of a worker’s lost wages.

What Benefits Will I Receive Under NYS Disability?

   NYS Disability pays 50% of your average weekly wage, up to a maximum of $170/week.  After a seven-day waiting period, benefits are paid for a maximum of twenty-six weeks.  Unlike Workers’ Compensation, claimants for disability benefits are responsible for medical expenses.  

Can I Collect NYS Disability Benefits if I Am On Pregnancy or Maternity Leave?

   Pregnancy and any related illness or complication is one of the medical conditions covered under the law. An employee is entitled to coverage only for the time when she is actually unable to work due to pregnancy or childbirth, which is typically 4-6 weeks before and 4-6 weeks after giving birth. An employee who becomes disabled earlier than 4-6 weeks prior to giving birth or continues to be unable to work more than 4-6 weeks after giving birth may have to submit additional medical documentation to support her claim.

What is the Difference Between Disability Benefits and Paid Family Leave?

   While paid family leave is only available after birth (or adoption), an employee may be eligible for disability leave for prenatal conditions, provided they can provide medical paperwork to demonstrate need. You may not collect disability benefits and paid family leave benefits at the same time. Your combined total PFL and disability leave within the span of one year may not exceed 26 weeks.

I Am On FMLA Leave. Am I Eligible For NYS Disability?

   Definitely!  In fact, being on FMLA leave means your employer is obligated to maintain their share of the cost of your medical insurance, so your liability for medical expenses related to your disabling condition will be less. If you suffer an off-the-job injury or illness and expect to miss significant time from work, you should apply for FMLA leave if you are eligible, as well as submit a claim for NYS Disability.  See “Family & Medical Leave,” elsewhere in this Handbook.

I Got Laid Off Last Month and Then Broke My Leg.  Am I Still Eligible For NYS Disability?

   Yes. You are eligible if you suffer your injury within four weeks of becoming unemployed; the benefits are provided by your last employer’s disability insurance carrier. If you become disabled more than four weeks after your employment ends, but are ineligible for or nor receiving unemployment benefits, you can make a claim for disability benefits. You may not collect both unemployment and disability benefits at the same time.

Can My Employer Make Me Get a Medical Examination?

   Yes, by the employer’s choice of a medical provider, but not more than once a week and at the employer’s expense.

OK, I Think I Am Eligible. How Do I File A Claim?

   If you are presently employed or have been unemployed for four weeks or less, file a DB-450 claim form with your current or last employer.  If you’ve been out of work for more than four weeks, file a DB-300 claim form and mail it to the address on the form.  In either case, your health care provider must complete Part B of the form.  The Workers’ Compensation Board administers NYS Disability claims, and forms are available online at wcb.ny.gov/Forms, or by calling the district office listed below.   

Get Help

More Information

Workers' Compensation

What is NYS Disability?

   New York State Disability benefits are cash payments made to workers who suffer an off-the-job injury or illness.  Covered employers are required to carry insurance that will provide a weekly benefit to temporarily disabled workers. New York is one of only a few states that requires employers to provide disability benefits coverage for off-the-job injuries or illnesses.

Do I Work For a Covered Employer?

   Yes, in most cases. You are covered provided you’ve been on the job for at least four weeks.  Some exceptions include government employees and certain employees of religious organizations or non-profit entities.

Is There Any Cost to Employees for NYS Disability Insurance?

   Maybe. Employers are not required to charge employees for NYS disability insurance coverage, but they can choose to deduct no more than 60¢ a week (or half of one percent of an employee’s wages) to offset the cost of providing this benefit. Workers with multiple jobs may ask each employer to adjust their contributions based on their earnings at each job; the combined contributions cannot exceed 60 cents per week. Some employers also offer supplemental disability benefits (AFLAC is one example) at an additional cost.  Such plans in conjunction with NYS Disability often replace all or nearly all of a worker’s lost wages.

What Benefits Will I Receive Under NYS Disability?

   NYS Disability pays 50% of your average weekly wage, up to a maximum of $170/week.  After a seven-day waiting period, benefits are paid for a maximum of twenty-six weeks.  Unlike Workers’ Compensation, claimants for disability benefits are responsible for medical expenses.  

Can I Collect NYS Disability Benefits if I Am On Pregnancy or Maternity Leave?

   Pregnancy and any related illness or complication is one of the medical conditions covered under the law. An employee is entitled to coverage only for the time when she is actually unable to work due to pregnancy or childbirth, which is typically 4-6 weeks before and 4-6 weeks after giving birth. An employee who becomes disabled earlier than 4-6 weeks prior to giving birth or continues to be unable to work more than 4-6 weeks after giving birth may have to submit additional medical documentation to support her claim.

What is the Difference Between Disability Benefits and Paid Family Leave?

   While paid family leave is only available after birth (or adoption), an employee may be eligible for disability leave for prenatal conditions, provided they can provide medical paperwork to demonstrate need. You may not collect disability benefits and paid family leave benefits at the same time. Your combined total PFL and disability leave within the span of one year may not exceed 26 weeks.

I Am On FMLA Leave. Am I Eligible For NYS Disability?

   Definitely!  In fact, being on FMLA leave means your employer is obligated to maintain their share of the cost of your medical insurance, so your liability for medical expenses related to your disabling condition will be less. If you suffer an off-the-job injury or illness and expect to miss significant time from work, you should apply for FMLA leave if you are eligible, as well as submit a claim for NYS Disability.  See “Family & Medical Leave,” elsewhere in this Handbook.

I Got Laid Off Last Month and Then Broke My Leg.  Am I Still Eligible For NYS Disability?

   Yes. You are eligible if you suffer your injury within four weeks of becoming unemployed; the benefits are provided by your last employer’s disability insurance carrier. If you become disabled more than four weeks after your employment ends, but are ineligible for or nor receiving unemployment benefits, you can make a claim for disability benefits. You may not collect both unemployment and disability benefits at the same time.

Can My Employer Make Me Get a Medical Examination?

   Yes, by the employer’s choice of a medical provider, but not more than once a week and at the employer’s expense.

OK, I Think I Am Eligible. How Do I File A Claim?

   If you are presently employed or have been unemployed for four weeks or less, file a DB-450 claim form with your current or last employer.  If you’ve been out of work for more than four weeks, file a DB-300 claim form and mail it to the address on the form.  In either case, your health care provider must complete Part B of the form.  The Workers’ Compensation Board administers NYS Disability claims, and forms are available online at wcb.ny.gov/Forms, or by calling the district office listed below.   

Get Help

More Information

NYS Disability

What is NYS Disability?

   New York State Disability benefits are cash payments made to workers who suffer an off-the-job injury or illness.  Covered employers are required to carry insurance that will provide a weekly benefit to temporarily disabled workers. New York is one of only a few states that requires employers to provide disability benefits coverage for off-the-job injuries or illnesses.

Do I Work For a Covered Employer?

   Yes, in most cases. You are covered provided you’ve been on the job for at least four weeks.  Some exceptions include government employees and certain employees of religious organizations or non-profit entities.

Is There Any Cost to Employees for NYS Disability Insurance?

   Maybe. Employers are not required to charge employees for NYS disability insurance coverage, but they can choose to deduct no more than 60¢ a week (or half of one percent of an employee’s wages) to offset the cost of providing this benefit. Workers with multiple jobs may ask each employer to adjust their contributions based on their earnings at each job; the combined contributions cannot exceed 60 cents per week. Some employers also offer supplemental disability benefits (AFLAC is one example) at an additional cost.  Such plans in conjunction with NYS Disability often replace all or nearly all of a worker’s lost wages.

What Benefits Will I Receive Under NYS Disability?

   NYS Disability pays 50% of your average weekly wage, up to a maximum of $170/week.  After a seven-day waiting period, benefits are paid for a maximum of twenty-six weeks.  Unlike Workers’ Compensation, claimants for disability benefits are responsible for medical expenses.  

Can I Collect NYS Disability Benefits if I Am On Pregnancy or Maternity Leave?

   Pregnancy and any related illness or complication is one of the medical conditions covered under the law. An employee is entitled to coverage only for the time when she is actually unable to work due to pregnancy or childbirth, which is typically 4-6 weeks before and 4-6 weeks after giving birth. An employee who becomes disabled earlier than 4-6 weeks prior to giving birth or continues to be unable to work more than 4-6 weeks after giving birth may have to submit additional medical documentation to support her claim.

What is the Difference Between Disability Benefits and Paid Family Leave?

   While paid family leave is only available after birth (or adoption), an employee may be eligible for disability leave for prenatal conditions, provided they can provide medical paperwork to demonstrate need. You may not collect disability benefits and paid family leave benefits at the same time. Your combined total PFL and disability leave within the span of one year may not exceed 26 weeks.

I Am On FMLA Leave. Am I Eligible For NYS Disability?

   Definitely!  In fact, being on FMLA leave means your employer is obligated to maintain their share of the cost of your medical insurance, so your liability for medical expenses related to your disabling condition will be less. If you suffer an off-the-job injury or illness and expect to miss significant time from work, you should apply for FMLA leave if you are eligible, as well as submit a claim for NYS Disability.  See “Family & Medical Leave,” elsewhere in this Handbook.

I Got Laid Off Last Month and Then Broke My Leg.  Am I Still Eligible For NYS Disability?

   Yes. You are eligible if you suffer your injury within four weeks of becoming unemployed; the benefits are provided by your last employer’s disability insurance carrier. If you become disabled more than four weeks after your employment ends, but are ineligible for or nor receiving unemployment benefits, you can make a claim for disability benefits. You may not collect both unemployment and disability benefits at the same time.

Can My Employer Make Me Get a Medical Examination?

   Yes, by the employer’s choice of a medical provider, but not more than once a week and at the employer’s expense.

OK, I Think I Am Eligible. How Do I File A Claim?

   If you are presently employed or have been unemployed for four weeks or less, file a DB-450 claim form with your current or last employer.  If you’ve been out of work for more than four weeks, file a DB-300 claim form and mail it to the address on the form.  In either case, your health care provider must complete Part B of the form.  The Workers’ Compensation Board administers NYS Disability claims, and forms are available online at wcb.ny.gov/Forms, or by calling the district office listed below.   

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Unemployment Insurance

What is NYS Disability?

   New York State Disability benefits are cash payments made to workers who suffer an off-the-job injury or illness.  Covered employers are required to carry insurance that will provide a weekly benefit to temporarily disabled workers. New York is one of only a few states that requires employers to provide disability benefits coverage for off-the-job injuries or illnesses.

Do I Work For a Covered Employer?

   Yes, in most cases. You are covered provided you’ve been on the job for at least four weeks.  Some exceptions include government employees and certain employees of religious organizations or non-profit entities.

Is There Any Cost to Employees for NYS Disability Insurance?

   Maybe. Employers are not required to charge employees for NYS disability insurance coverage, but they can choose to deduct no more than 60¢ a week (or half of one percent of an employee’s wages) to offset the cost of providing this benefit. Workers with multiple jobs may ask each employer to adjust their contributions based on their earnings at each job; the combined contributions cannot exceed 60 cents per week. Some employers also offer supplemental disability benefits (AFLAC is one example) at an additional cost.  Such plans in conjunction with NYS Disability often replace all or nearly all of a worker’s lost wages.

What Benefits Will I Receive Under NYS Disability?

   NYS Disability pays 50% of your average weekly wage, up to a maximum of $170/week.  After a seven-day waiting period, benefits are paid for a maximum of twenty-six weeks.  Unlike Workers’ Compensation, claimants for disability benefits are responsible for medical expenses.  

Can I Collect NYS Disability Benefits if I Am On Pregnancy or Maternity Leave?

   Pregnancy and any related illness or complication is one of the medical conditions covered under the law. An employee is entitled to coverage only for the time when she is actually unable to work due to pregnancy or childbirth, which is typically 4-6 weeks before and 4-6 weeks after giving birth. An employee who becomes disabled earlier than 4-6 weeks prior to giving birth or continues to be unable to work more than 4-6 weeks after giving birth may have to submit additional medical documentation to support her claim.

What is the Difference Between Disability Benefits and Paid Family Leave?

   While paid family leave is only available after birth (or adoption), an employee may be eligible for disability leave for prenatal conditions, provided they can provide medical paperwork to demonstrate need. You may not collect disability benefits and paid family leave benefits at the same time. Your combined total PFL and disability leave within the span of one year may not exceed 26 weeks.

I Am On FMLA Leave. Am I Eligible For NYS Disability?

   Definitely!  In fact, being on FMLA leave means your employer is obligated to maintain their share of the cost of your medical insurance, so your liability for medical expenses related to your disabling condition will be less. If you suffer an off-the-job injury or illness and expect to miss significant time from work, you should apply for FMLA leave if you are eligible, as well as submit a claim for NYS Disability.  See “Family & Medical Leave,” elsewhere in this Handbook.

I Got Laid Off Last Month and Then Broke My Leg.  Am I Still Eligible For NYS Disability?

   Yes. You are eligible if you suffer your injury within four weeks of becoming unemployed; the benefits are provided by your last employer’s disability insurance carrier. If you become disabled more than four weeks after your employment ends, but are ineligible for or nor receiving unemployment benefits, you can make a claim for disability benefits. You may not collect both unemployment and disability benefits at the same time.

Can My Employer Make Me Get a Medical Examination?

   Yes, by the employer’s choice of a medical provider, but not more than once a week and at the employer’s expense.

OK, I Think I Am Eligible. How Do I File A Claim?

   If you are presently employed or have been unemployed for four weeks or less, file a DB-450 claim form with your current or last employer.  If you’ve been out of work for more than four weeks, file a DB-300 claim form and mail it to the address on the form.  In either case, your health care provider must complete Part B of the form.  The Workers’ Compensation Board administers NYS Disability claims, and forms are available online at wcb.ny.gov/Forms, or by calling the district office listed below.   

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Prior Record

If I Go for a Job Interview, Can I be Asked Anything About My Arrest Record?

   No. The New York State Human Rights Law makes it illegal for most employers and licensing agencies (one exception: law enforcement jobs) to ask applicants to disclose or discuss any arrest that did not lead to a conviction.  The same law prohibits public and private employers from denying a job or in any way discriminating because of any arrest that did not result in a conviction. As of 2019, prior arrests in New York that did not result in conviction are not included in rap sheets. If a prospective employer asks if you have ever been arrested and all of your arrests were dismissed, you can answer “no”. 

OK, They Can’t Ask About My Arrests.  What About Convictions?

   It is legal for employers and licensing agencies to ask individuals about past convictions for criminal offenses. A guilty plea is the same as a conviction. In New York State a misdemeanor or felony conviction cannot be expunged from your record. You may, however, be eligible to apply for a Certificate of Relief from Disabilities or a Certificate of Good Conduct which restores certain rights. Both are considered “Certificates of Rehabilitation.”

Can I Be Denied Employment Because of My Record of Convictions?

   The New York State Corrections Law and the NYS Human Rights Law protect previously incarcerated individuals from being unfairly denied jobs or occupational licenses because of their convictions. It is illegal to deny anyone a job because of his or her past conviction(s) unless that person’s conviction(s) are “directly related” to the job in question, or hiring the person would create an “unreasonable risk” to the safety of people or property.  In 2019, New York removed outright bans for people with prior convictions on all occupational licenses other than law enforcement and security.  The 2024 New York Clean Slate Act  provides for the automatic sealing of certain criminal convictions after a specified time period.  It also requires greater disclosure by employers of criminal history information being considered in connection with hiring or continued employment. If you are denied a job, you have the right to ask the employer for a letter explaining why they denied you the job.

How Can I Tell If My Conviction is “Directly Related” to the Job?

   An example of “directly related” would be a person who has a conviction for embezzlement and applies for a job as a bank teller. This individual’s conviction for embezzlement can be considered to be job-related in this instance but would not be if he/she were applying for a job as a machine operator. In practice, whether or not your conviction is so job-related as to justify a denial of employment must be determined on a case-by-case basis. Besides the relationship between the criminal offense and the job duties, other factors that would be considered include the seriousness of the offense, the time that has elapsed since the offense, evidence of rehabilitation, and so on.

Can I Be Fired if My Employer Learns About My Prior Convictions?

   Under the New York State Human Rights Law (which also governs the issuance of occupational licenses), it is considered unlawful discrimination to fire a person from an existing job simply because the person has a criminal conviction history unless “granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific people or the general public.” However, a conviction that occurs during employment does not entitle the individual to these protections. 

Are There Any Federal Protections for People with Prior Convictions?

   Courts have found that policies that deny jobs on the basis of arrests or criminal records have a racially discriminatory effect. In some cases, therefore, a refusal to hire on the basis of a criminal record may be illegal race discrimination under federal civil rights laws.

I Think I’ve Been Denied My Rights. What Can I Do?

   If you feel you have been asked illegal pre-employment inquiries about arrests that did not result in a conviction or been denied jobs or occupational licenses because of such arrests or believe you have been denied employment or occupational licenses because of a past criminal conviction(s), contact one of the agencies below. In some cases, you may also be entitled to file a lawsuit.

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  • Legal Assistance of Western NY (LawNY):  607-273-3667
  • NYS Division of Human Rights: File a Complaint or 1-888-392-3644
  • Tompkins County Office of Human Rights: 607-277-4080 or 120 W. MLK Jr. St. Ithaca 
  • Offender Aid and Restoration: 607-272-7885 or 230 S. Fulton St., Ithaca

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Personal Rights

I’m Concerned That My Personnel File May Contain a Lot of False Information About Me. What Can I Do?

   Your personnel file typically contains information you know about or have given the employer including some personal information, workplace records like wages and hours, accrued benefits, and reprimands if you have them. In fact, however, there is not much control over what information employers can collect and keep about you if they want. This can include performance evaluations you haven’t seen, comments from coworkers or clients, references, almost anything really.  There are no Federal or NYS laws giving you the right to access, make copies of, or contest what is in your personnel file. (Some other states do provide this right.) You can, and should, ask to see your personnel file, and many employers will allow you to do this and to make notes about what’s in it. But they are not required to comply. You may also want to request in writing that certain information in the file be kept confidential – health information or, perhaps, addresses and phone numbers (for example, if you are concerned about domestic violence). Again, there is no legal requirement that the employer complies with the request.

Can My Employer Spy On Me at Work?

   An owner or manager of any premises cannot install or use a mirror, peephole, camera, video recorder, or other viewing devices to observe the interior of a fitting room, restroom, toilet, bathroom, washroom, or shower. Victims of unlawful observation have been allowed to sue for infliction of emotional distress.  There are no laws, however, restricting video surveillance of other workplace locations, so an employer can install cameras covering areas of the workplace that are not covered by the above prohibition, such as hallways, lobbies, work areas, and parking lots. Employers are not allowed to spy on union activities.

Can My Employer Listen In On My Phone Calls or Check My Email?

   Under the applicable Federal laws, the Electronic Communications Privacy Act of 1986 and the Stored Communications Act, an employer can monitor your phone conversations in most cases. If your employer states that personal phone calls are not allowed on company phones then any personal phone calls you make are subject to monitoring. The best way to ensure the privacy of your personal calls made at work is to use your own mobile phone. Generally, if an email system is used by your employer, they own it and can review its contents. Messages sent within the company as well as those that are sent from your terminal to another company or from another company to you can be subject to monitoring by your employer. This includes web-based email accounts such as Gmail as well as instant messages. The same holds true for voice mail systems. In general, employees should not assume that these activities are private. Union contracts sometimes establish limits on an employer’s right to monitor. Public sector employees might have additional protections under the US and New York constitutions.  

Can I Be Reprimanded Or Terminated Over What I Post On Social Media?

   This is a complex area of case law but the brief answer is that it depends on your employer’s social media policy as well as the state that your employer operates in. In New York, the discipline of an employee for off-duty social media activity is prohibited unless it can be expressly demonstrated that damage was done to the company in some way. The National Labor Relations Board has recently issued a number of rulings regarding employer social media policies. According to these rules, employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.

   If you believe that you are being disciplined unfairly for your use of social media, contact the Tompkins County Workers’ Center. Workplace Fairness is a good resource on social networking and computer privacy.

Can My Employer Search My Desk or Personal Property?

   Private sector employees in New York generally have no protections against searches of their lockers, desks or work areas. Your employer may notify you that all personal belongings, such as briefcases and handbags, are subject to search. Generally, all information stored on a work computer, including websites visited, amount of keystrokes per hour, and idle time on the computer is subject to monitoring by the employer. Your employer cannot open or read a sealed letter or private communication to you. If the search is done in an extremely abusive manner, you might have a claim for intentional infliction of emotional distress.  Public sector employees might have additional protections under the US and New York constitutions.

Can An Employer Get My Credit History or Get Information about My Lifestyle?

   The Fair Credit Reporting Act (FCRA) does not allow an employer to ask an outside agency, such as a detective agency or credit bureau, to investigate and report on your personal characteristics, lifestyle, character, general reputation, or credit standing unless the employer has first notified you in writing that such a report might be obtained and you have given your advance written consent to the investigation. Also, you must be furnished with clear written notice of your rights under the FCRA. If an employer intends to take adverse action against you, such as refusing to hire you or firing you, based on the report, the employer must first give you a copy of the report. You have additional rights under the FCRA. The FCRA is enforced by the Federal Trade Commission. Victims of FCRA violations are allowed to file a lawsuit.

Can An Employer Conduct Mandatory Drug Testing?

   If you work in the private sector in New York, you have little protection against mandatory, indiscriminate or inaccurate drug tests, even if there is no good reason for your employer to suspect drug usage. In general, apart from marijuana (see below) the employment-at-will doctrine (see the chapter on Termination) is given more weight than your right to privacy. If you work in the public sector, blanket testing of entire workforces is generally not permitted. In certain circumstances, however, such as where the law requires it, or there is an issue of public safety, random drug testing is permissible. Re marijuana, following the legalization of recreational use in New York in 2021, employers may hot include it on any drug testing panel in most but not all cases. Similar to alcohol use, restrictions only come into play when the substance is used during work hours or creates “articulable symptoms of impairment” that either impact the employee’s performance or the overall safety of the workplace.

 

Can An Employer Make Me Take a Lie Detector Test?

   For private-sector employees, generally, the answer is no. The Employee Polygraph Protection Act (EPPA) prohibits private-sector employers from asking or requiring an employee to take any kind of lie detector test and from taking any adverse action against an employee for refusing to take a lie detector test. Under a limited exception involving investigations of economic loss, an employer may ask, but not require, an employee to take a polygraph test, and the employer is required to first provide the employee with written notice of his or her rights under the EPPA as well as other information about the examination. There are a few other exceptions under the EPPA regarding the use of polygraphs.  Although New York does not have a general law covering lie detectors or polygraphs, the use of “psychological stress evaluators” (PSE’s) is strictly prohibited. PSEs are devices that supposedly measure truthfulness based on voice fluctuations or vocal stress. An employer cannot even request or suggest that an employee or prospective employee undergo a PSE test. An employer who violates the prohibitions regarding PSE’s commits a misdemeanor and can be sued by the victim.

Can An Employer Find Out My Genetic Information?

   Under New York’s Human Rights Law, an employer cannot request, require, or administer a genetic test to a person as a condition of employment, and an employer cannot obtain an individual’s genetic test results. However, an employer can require a specific genetic test if it is directly related to an occupational environment where an employee or applicant with a particular genetic abnormality might be at increased risk. Written informed consent must be given before a genetic test can be performed.

Can An Employer Make Me Take a “Personality” or “Honesty” Test?

   Most likely yes. Tests that supposedly measure an applicant’s or employee’s personality or “honesty” are becoming more common, but there are no specific federal or New York laws regarding their use. If the use of these tests causes a disproportionate number of persons in categories protected by the anti-discrimination laws to be excluded from jobs, their use might be unlawful. See the section on Discrimination for a listing of agencies that might be able to provide more information.

Can I Be Fired for My Political Activities?

   Under New York law, an employer generally cannot fire or otherwise discriminate against an employee because of the person’s legal political activities outside of working hours, off of the employer’s premises, and when such activities do not involve the use of the employer’s equipment or property. Somewhat different rules apply to public sector employees, who also are covered by the free speech provisions of the US and New York Constitutions. Public sector employees may also have additional constitutional and statutory protections.

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Immigrant Workers

What is the Minimum Wage I Must Be Paid?

   You must be paid at least $15 an hour for any work you do up to 40 hours a week. This wage will rise to $15.50 in 2025. Generally, even if you get paid on a piece-rate basis, your pay must average at least the minimum wage for all hours worked in a given week. There are a few exceptions to this requirement: part-time babysitters, camp counselors, and tipped workers. NYSDOL has a handy online tool that you can use to find out what minimum cash wage you should be earning. It is at https://ux.labor.ny.gov/minimum-wage-lookup/

   If you work in food service and regularly receive tips as part of your work, your total earnings cannot fall below the minimum wage. However, your employer may use the tips you receive to adjust your cash wage. But in no case can your cash wage from the employer fall below $10.00/hour ($12.90 as of 2025). For example, if you earn an average of $5.00/hour in tips, you must also receive an hourly rate of $10.00 to ensure a minimum of $15.00 for each hour worked. If you received no tips the wage paid by the employer would have to be at least $15/hour. Note: If you spend more than 2 hours or 20% of your shift on non-tipped tasks (working as a cashier for example) the tip credit cannot be applied. The employer must then pay you a cash wage of at least $15/hour ($15.50 in 2025). Farmworkers, like other workers, are also covered by the NYS minimum wage. Unlike workers in other sectors, however, farmworkers may be paid the minimum wage for work up to 56 hours per week. If you work more than 56 hours in one week, your employer must pay you 1½ your hourly wage.

What is Overtime, and How Much Must I Be Paid?

   If you work over 40 hours in a week (56 for farmworkers), you must be paid 1 1/2 times your regular rate for each overtime hour. For example, if your regular rate is $15/hour, you must be paid $22.50 for each overtime hour. Certain employees, such as some salaried administrative, managerial, and professional employees, are exempt from the overtime pay requirement. Many of these salaried (“exempt”) employees, however, are still entitled to overtime pay for working more than 40 hours in a week if they earn less than $1,124.20/week (equivalent to $58.458.40/year for full-time). If you qualify as an exempt administrative, managerial, or professional employee and are paid below this amount you are entitled to overtime pay.

What is “Comp Time”?  Can My Employer Use It Instead of Paying Me Overtime?

   Comp time (or “compensatory time”) is time off from work that is given instead of paying overtime wages.  For most hourly employees working in the private sector, the granting of comp time in lieu of overtime pay (even at the employee’s request) is illegal. There are exceptions for public employees, subject to certain conditions. An excellent discussion of this subject may be found at: https://www.workplacefairness.org/comp-time#maincontent.

When Must I Be Paid?

   Workers must be paid promptly. In most cases, this means every one or two weeks. Generally, manual workers should be paid every week; clerical and other workers at least twice per month. Your pay must be for all time worked, including activities which employers sometimes claim are “off the clock” like cashing out after your shift ends, setting up machinery, learning jobs, or giving reports to workers on the next shift. Commission salespersons must be paid at least monthly and not later than the last day of the month following the month in which their commissions were earned. For more information on this subject visit https://dol.ny.gov/frequency-pay

How Can I Tell If I Am Being Paid What I Was Promised?

   When you are hired for a new job, your employer must give you a written notice stating your straight-time wage rate, overtime wage rate (if applicable), and regular payday. This notice must be given to you in English, and also in your primary language if it is not English. If you want to verify whether your employer is recording all your hours worked properly the US Department of Labor provides a convenient way to do this. They have a free app that allows you to easily record your hours worked for each shift. Then you can check this record with what your employer claims. For more information and instructions for downloading the app go to the USDOL website.

What Can and Cannot Be Deducted From My Paycheck?

   Most paychecks have some money deducted, and your employer must give you a written statement that tells you what’s been taken out. Social Security taxes (an amount based on the information you provide the employer on your tax withholding form), Short Term Disability Insurance (SDI), and any wage garnishments or court-ordered payments like child support, may be deducted. Paid Family Leave (PFL) contributions of 0.511% of your weekly wages may also be deducted, although you may opt-out if you plan to work too few hours to be eligible for PFL benefits. Other payments, for example, health insurance, union dues, pension, United Way, or 401(k) contributions, may be deducted but only if you have first authorized this in writing. In some cases (mainly hotel, restaurant, and farm workers), employers may also deduct money from your wages for meals and/or lodging; however, the amount deducted cannot be so much as to reduce your hourly pay to below the minimum wage. It is unlawful for your employer to demand kickbacks, to deduct payments for stolen or damaged property, deficient work, or cash register shortages. You cannot be required to pay the cost of buying or cleaning uniforms if doing so lowers your hourly rate below the minimum wage. If you are responsible for your own uniform maintenance beyond “wash and wear,” your employer must provide weekly uniform maintenance pay of $15.55 to workers who work over 30 hours per week and $12.30 to workers who work between 20 and 30 hours a week.

Equal Pay

   An employer may not pay different rates based on gender to employees who perform substantially similar work. The law does permit different rates of pay based on factors other than your gender such as length of service, quality of work, and quantity of work. Employers facing a claim of gender-based wage discrimination must prove that there are legitimate, non-discriminatory reasons for the wage differential, such as education, training, or experience. In 2019, New York State passed a salary history ban, prohibiting employers from asking a current employee or applicant for their salary history as a condition for either a promotion or an interview. It also makes it illegal for employers to penalize an applicant or current employee for not sharing salary history information or filing a complaint. An employer may, however, confirm wage or salary history only after a job offer with compensation is made. If you believe you are receiving a lesser wage or salary based on your gender, you are protected under the Equal Pay Act and should file a claim with the New York State Department of Human Rights by calling 1-888-392-3644 or going to https://dhr.ny.gov/complaint.

Independent Contractors

   Employers sometimes misclassify employees as independent contractors when in fact they are regular employees and therefore entitled to overtime, workers’ compensation, unemployment insurance, and available benefits. As a rule, you are an independent contractor only if you meet all the following qualifications: (1) work without regular direction; (2) are free to provide similar services to other clients; (3) work on a temporary basis; (4) are involved in an independent business, profession or occupation.

I Have An Internship, Should I Be Getting Paid?

   Internships can be both paid and unpaid. In general, most internships in the private sector should be paid. If you are working at a paid internship, you must receive at least minimum wage, and your employer must provide overtime compensation for hours worked over forty hours in a workweek. Information on when an internship for a for-profit employer can be unpaid is here. Certain nonprofit employers, however, may be allowed to use unpaid interns, depending on several factors. For more information on unpaid internships, please see this NYSDOL fact sheet.

Can My Boss Make Me Work Weekends and Night Shift?

   Yes, you may be required to work hours that are inconvenient. If you are over 18, there are generally no restrictions on how many hours you may work in a day or week or which days you may or may not work. Of course, if you work more than 40 hours in a week you are entitled to overtime pay. Most workers, however, are entitled to at least one day off (24 consecutive hours) each week. This includes farmworkers, though a farmworker can volunteer to work the 7th day in a week but must be paid time and a half for that day.

What About Breaks?

   In general, there is no requirement that you be given a break or rest period. You must, however, receive an uninterrupted meal period of at least one-half hour if you work a shift of more than six hours. There is no legal requirement for the employer to pay for these meal periods.

How Much Vacation or Sick Leave is Required?

   Apart from paid or unpaid family and sick leave (see section elsewhere in this Workers Rights Handbook on this topic for more information) there is no requirement to pay sick days, vacation, personal leave, or holidays. Employers may provide these or they may be provided through a union contract. Employers must notify employees in writing or post the policies regarding these benefits in the workplace. 

How Much Should I be Paid for Days That I Was Called Into Work, But Was Told to Go Home?

   In some cases, New York minimum wage laws require employers to pay employees call-in pay, also referred to as show up or reporting pay, even if they don’t work. If an employer requests or permits an employee to report for work on any given day, the employer must pay the employee for a minimum of four (4) hours of work (three hours in the hospitality industry), whichever is less, at no less than the standard minimum wage. The employer must pay call-in pay regardless of whether the employee is sent home and does not perform any work.

I Am An Immigrant Worker.  Do These Laws and Regulations Apply To Me?

   In a word, yes!  All workers, including immigrants, documented or not, are covered by the same statutes.  The NYS Division of Immigrant Affairs (877-466-9757) can help with immigrant worker issues. For other information please refer to the section in this Handbook titled “Immigrant Workers’ Rights.”

What Can I Do If I Have Not Been Paid What I Am Owed?

   Wage theft – not being paid what you are owed – is a serious matter in NYState. As of 2023, it is considered a form of larceny under New York State Penal Law section 155.  Failure to pay wages may result in referral to a local District Attorney for consideration for criminal prosecution. Beyond this, you can file an unpaid wage complaint with the NYS Department of Labor Division of Labor Standards. Complaint forms can be found at https://dol.ny.gov/unpaidwithheld-wages-and-wage-supplements.  Contact TCWC for assistance (see below) or call the NYSDOL at (888-469-7365). TCWC can help you prepare and file your complaint.

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Afterword

The Workers’ Rights Handbook has gone through many revisions and updates since it was first published as a print edition in 2003 by the Cortland Workers’ Rights Board, up to the present revision as of November 2024. This guide may not reflect new protections or changes enacted after this time. Now fully online and managed by the Tompkins County Workers’ Center it remains true to its mission of providing comprehensive yet concise information about workplace rights in New York. We are proud that there is no other comparable resource that we know of for this State.

   In dealing with thousands of calls from aggrieved, angry, and frightened workers over the years, we have been struck by how little public awareness there is of the rights of workers, alarmed at how regularly employers treat employees disrespectfully and unfairly and surprised that workers do not have access to a single handbook providing a summary of workplace rights in NY. We hope we have succeeded in producing such a resource.

   By far the best defense against employers who are driven to trade worker rights for profit or who have low ethical standards or bad intentions is to organize a union at your workplace, which will help greatly to ensure dignity and rights at work.

   If you don’t have a union, there are still things you can do to assert your right to be treated fairly. We have tried to clarify above what you need to know and do. This is a guide only. It is not meant to give legal advice concerning the specific conduct of an employer or the actions of any public or private agency. If you have additional questions contact the Tompkins County Workers’ Center.

   Many people have contributed over the years to this project. This includes Cecilia Faringer-Perez, Carl Feuer Tom Joyce, Ron Powell, Linda Smith, Mark Keith, Jim McCauley and Pete Meyers, NYS Assemblymembers Marty Luster and Barbara Lifton, and others whom we may be forgetting to mention.

   Please note that this resource is not intended to provide or replace legal advice. It is intended to provide information that is empowering for you. We want you to learn more about your rights, how to exercise them, and what to do when they are violated.