What are the employment laws I need to follow as an employer in New York?
As an employer in New York, you are expected to comply with various employment laws at the municipal, state, and federal level. Some of the most important laws that you need to follow are:
- Minimum Wage and Overtime: Under the Fair Labor Standards Act (FLSA), you are required to pay your employees at least the minimum wage that is set by federal or state law, whichever is higher. In New York, the minimum wage varies based on the location and size of your business. Additionally, you are required to pay your employees overtime at a rate of one and a half times their regular rate of pay for hours worked in excess of 40 hours per week.
- Anti-Discrimination Laws: The New York State Human Rights Law prohibits discrimination in employment based on a person's race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity. You should ensure that your employment practices, such as recruitment, hiring, promotions, and termination, are based solely on job-related criteria and not on any protected characteristic.
- Family and Medical Leave: The Federal Family and Medical Leave Act (FMLA) and the New York State Paid Family Leave (PFL) laws provide eligible employees the right to take leave for certain family and medical reasons without losing their job or health insurance coverage.
- Workplace Safety: You are required to provide your employees with a safe and healthy workplace environment, free from recognized hazards that are likely to cause serious injury or death. Additionally, you need to comply with various Occupational Safety and Health Administration (OSHA) regulations.
- Workers' Compensation: You are mandated to carry workers' compensation insurance to provide your employees with benefits in case they get injured or become ill while on the job.
Failing to comply with any of these laws can put you at risk of facing legal action, including fines, penalties, and lawsuits. Therefore, I advise you to consult with an experienced employment attorney to ensure that you are in compliance with all applicable laws and regulations. The attorney can also help you draft policies and procedures to avoid employment-related disputes and protect your business interests.