New York State Employer's Legal Guide written by Diane Pfadenhauer

Table of Contents

Introduction and Note from the Author

Chapter 1: New York State Posting Requirements

Chapter 2: Federal Posting Requirements

Chapter 3: Federal Discrimination Laws
Job Advertisements
Recruitment
Application and Hiring
Job Referrals
Job Assignments and Promotions
Pay and Benefits
Discipline and Discharge
Employment References
Reasonable Accommodation and Disability
Reasonable Accommodation and Religion
Training & Apprenticeship Programs
Harassment
Other Terms and Conditions of Employment
Pre-Employment Inquiries
Dress Codes
Constructive Discharge/Forced Resignation
Additional Discrimination Considerations
Equal Pay/Compensation Discrimination
Genetic Information Discrimination
Disability Discrimination

Chapter 4: New York State Discrimination Laws
New York State Human Rights Law
New York Correction Law
Wage Assignment or Income Execution
Off Duty Lawful Activities
Equal Pay
Whistleblower Protection

Chapter 5: New York State Worker Protection Laws
Wage Theft Prevention Act
Minimum Wage
Notice of Pay Rates and Regular Payday - Employers
Notice of Pay Rate and Payday for New Hires – Temporary Help Firms
Laws Governing the Employment of Minors
Wage Payment Frequency and Regular PayDays
Written Agreements Required for Commissioned Salespersons
Wage Statement Requirements
Deductions from Wages
Kick-Back of Wages
Tip Appropriation
Spread of Hours Rule or Compensation for “Split Shifts”
Direct Deposit
Domestic Workers’ Bill of Rights
New York State “5-Day” Letter
New York WARN Act
The Independent Contractor Task Force
Construction Industry Fair Play Act
Payment of Wages on Termination
Payment of Wages Upon the Death of an Employee

Chapter 6: New York State Employee Privacy Laws
Employee Personal Identifying Information
Video Taping of Employees
Disposal of Personal Records Law
Eavesdropping, Monitoring or Recording Phone Calls
Fingerprinting
New York State Information Security Breach & Notification Act

Chapter 7: New York State Employee Benefit Laws
New York State’s “Mini” COBRA Law
Health Plans Required to Insure Dependents Through Age 29
New York’s “Age 29” Law and Federal Healthcare Reform
Mandatory Notice Regarding Fringe Benefits, Wage Supplements and Hours

Chapter 8: New York State Absence, Time Off and Leave Laws
Time Allowed for Meals
One Day of Rest in Seven
Voting Leave
Jury Service in New York
Leave for Military Service
Leave for Military Spouses
Bone Marrow Donation Leave
Blood Donation Law
Entitlement of Nursing Mothers to Have Time Off to Express Breast Milk in the Workplace
Adoption Leave
Time Off for Victims or Witnesses in a Criminal Proceeding

Chapter 9:  New York State Workers’ Compensation Law
Complying with the Law
Who is Covered?
Who is Not Covered?
Employer Responsibilities
Employers’ Rights
Workers’ Compensation Coverage
When an Accident Happens
Basic First Aid
Injured Workers’ Entitlements

Chapter 10:  New York State Disability Benefits Law
Disability Benefits
Complying with the Law
Who is Covered?
Who is Not Covered?
Filing a Claim

Chapter 11:  New York State Unemployment Insurance
Rules For Receiving Unemployment Benefits
Employment and Earnings Requirements
Conditions Affecting Eligibility
Benefits Received
Shared Work
Providing Information About Benefit Claims
Charging of Benefits
Charging Formula
Exceptions to General Charging Formula
Effect of Charges on Tax Rates

Chapter 12:  Federal Laws
Family and Medical Leave Act
Employer Coverage
Employee Eligibility
Leave Entitlement
FMLA and Military Family Leave Entitlements
Intermittent Leave
Serious Health Condition
Maintenance of Health Benefits
Job Restoration
Notice and Certification
USERRA
Who is Covered?
Basic Provisions
Employee Rights
Time Limits for Return to Work
Notices, Recordkeeping, and Reporting
Immigration Law Compliance

Chapter 13:  Federal Wage and Hour Law
Basic Wage Standards
Practices Not Regulated by the FLSA
Who is Covered?
Special Minimum Wage Provisions
Sub-Minimum Wage Provisions
Overtime Pay
Exemptions
Exemptions from Both Minimum Wage and Overtime Pay
Exemptions from Overtime Pay Only
Partial Overtime Pay Exemption
Child Labor Provisions
Youth Minimum Wage
Child Labor and Nonagricultural Jobs
Child Labor and Farm Jobs
Recordkeeping
Nursing Mothers
FLSA Terms
Enforcement
Recovery of Back Wages
Equal Pay Provision

Chapter 14:  Federal COBRA Continuation of Health Coverage
General Coverage Information
Notice Requirements and Procedures
General Notice
Notice Required by Individuals
Election Notice
Notice of Denial of Continuation Coverage
Notice of Termination of Continuation Coverage
Benefits Under Continuation Coverage
Duration of Continuation Coverage
Early Termination
Continuation of an 18-month Period of Coverage
Paying for COBRA Coverage

Chapter 15:  Independent Contractors and Worker Misclassification
Government Efforts and Initiatives
Misclassification’s Impact in New York
Economic Reality Test
The Darden Test
IRS Test
New York State Department of Labor Test
Risks Associated with Misclassification
Recommendations for Working with Independent Contractors

Index