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What legal requirements are there for hiring employees in New York?

Picture of Chris Battis By   ·  1 minute read

In New York, employers are required to adhere to various legal requirements when hiring employees. Here are some of the key legal requirements:

  1. Non-Discrimination: Employers are required to comply with federal and state laws governing discrimination in the hiring process. It is illegal to discriminate on the basis of race, color, sex, national origin, religion, disability, age, sexual orientation, gender identity or expression, genetic information, marital status, or military status in hiring an employee.
  2. Verification of Employment Eligibility: Employers are required to verify the employment eligibility of their employees within the first three days of their employment. This is done by completing an I-9 form, which must be kept on file for at least three years after the date of hire or for one year after the date of termination, whichever is later.
  3. Wage and Hour Laws: Employers are required to comply with federal and state laws regarding minimum wage and overtime pay. In New York State, the minimum wage is currently set at $15.00 per hour. Employers must also provide employees with certain breaks, such as a 30-minute unpaid break for employees who work six or more hours in a day.
  4. Workers' Compensation Insurance: All employers in New York are required to carry workers' compensation insurance to cover any injuries or illnesses that employees may suffer on the job.
  5. Background Checks: Employers are allowed to conduct background checks on potential employees as long as they comply with federal and state laws. Employers must get the applicant's written consent before conducting a background check and must provide the applicant with a copy of the report if adverse action is taken based on the results of the background check.
  6. Reporting Requirements: Employers are required to report all new hires to the state's Directory of New Hires within 20 days of their hire date. Failure to do so can result in penalties and fines.

It's important to note that there may be additional legal requirements that apply to specific industries or job types. Employers should consult with an experienced employment attorney to ensure they are in compliance with all federal and state laws.