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Rights of Employees to Express Breast Milk in the Workplace
Summary of state requirements: Employers must tell employees about their rights regarding breast milk expression by providing them the state Department of Labor Policy on the Rights of Employees to Express Breast Milk (P705) in the Workplace at the time of hire, annually, and when an employee returns to work after the birth of a child.
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Reproductive Health Choices
Summary of state requirements: New York requires employers with an employee handbook to include a notice of rights and remedies under the state’s law prohibiting discrimination based on an employee’s or dependent’s health decision making.
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Gender-based violence and the workplace
Summary of state requirements: Employers submitting a competitive bid for a state contract must implement a written policy addressing gender-based violence and the workplace and provide the policy to all employees, directors, and board members.
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Blood Donation Leave
Summary of state requirements: At the time of hire and annually by January 15, employers must notify employees in writing of their right to take blood donation leave. Notification must be made in a manner that will ensure that employees will see it, such as by posting in a prominent spot, inclusion with employees' paychecks, mailings, notice in an employee handbook, or other comparable method.
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Citations:
- The New York Senate Chapter 31, Article 7, Sections 201 and 202-J
Unemployment Insurance
Summary of state requirements: Employers must provide employees with the Record of Employment form (IA 12.3) at the time of separation.
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Citations:
- New York Codes Chapter 7 Section 472.8
Electronic Monitoring
Summary of state requirements: Any employer who monitors or otherwise intercepts telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage of or by an employee by any electronic device or system shall give prior written notice upon hiring to all employees who are subject to electronic monitoring. The notice must be in writing, in an electronic record, or in another electronic form and acknowledged by the employee either in writing or electronically.
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Citations:
- The New York State Senate Section 52-C 2
Income Tax Withholding
Summary of state requirements: Employers will use the information provided on on the income tax withholdings form — including residency, marital status, and allowances — to withhold these taxes from pay. The more allowances claimed, the lower the amount of tax the employer will withhold from a paycheck.
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Pay Notice
Summary of state requirements: The law requires employers to give written notice of wage rates to each new hire. In addition to rates of pay, the notice must include how the employee is paid (by hour, shift, day, week, commission, etc.); regular payday; official name of employer and any other names used; address and phone number of the employer’s main office; and allowances taken as part of minimum wage. The notice must be given in English and the employee’s primary language.
Related information:
Citations:
- New York State Labor Law Section 195.1
Wage Statement Form
Summary of state requirements: Every employer shall provide their employees a written notice containing information on the rate or rates of pay and basis thereof, the regular pay day designated by the employer, and other information the commissioner deems material and necessary. This written notice must be provided in English and in the language identified by each employee as their primary language.
Related information:
Citations:
- New York State Labor Law Section 195.1
Paid Family Leave
Summary of state requirements: Each covered employer shall post and maintain in a conspicuous place a typewritten or printed notice stating that the employer has provided for the payment of disability and family leave benefits as required by this article.
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.Citations:
- Laws of NY, Ch 67, Article 9, 229
Fringe Benefits and Hours
Summary of state requirements: Every employer shall notify its employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours.
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Citations:
- New York State Labor Law Section 195.5
Nursing Mothers Rights
Summary of state requirements: All employers are required to inform employees who return to work after the birth of a child about their right to take unpaid leave for the purpose of pumping breast milk. As an employer, you can inform your employees of this right by putting up a public poster in the worksite, putting the information in the employee handbook, or notifying your employees individually in writing.
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Citations:
- N.Y. Public Law Section 2505-A
Reproductive Rights
Summary of state requirements: Employers in New York are no longer obligated to include the written notice in their employee handbooks as of 2022.
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Citations:
- New York Labor Law Section 203-e
Sexual Harassment Policy
Summary of state requirements: All employers must provide employees with a copy of the company's sexual harassment prevention policy. The policy must include annual sexual harassment prevention training. It must be distributed at the time of hire and during annual sexual harassment prevention training.
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Citations:
- Local Laws of the City of New York Local Law 95
Termination Notice
Summary of state requirements: Employers must notify any employee terminated from employment, in writing, of the exact date of such termination as well as the exact date of cancellation of employee benefits connected with such termination. In no case shall notice of such termination be provided more than five working days after the date of such termination.
Related information:
Citations:
- New York State Labor Law Section 195.1
WARN Act Notice
Summary of state requirements: An employer may not order a mass layoff, relocation, or employment loss, unless, at least 90 days before the order takes effect, the employer gives written notice. The employer must include in its notice the elements required by the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.).
Related information:
Citations:
- New York State Senate Section 860-B
NYC: Notice of Employee Rights: Safe and Sick Leave
Summary of state requirements: Covered employers in New York City must give employees information about their paid safe and sick leave at the time of hire.
Related information:
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Citations:
- New York City Administrative Code Title 20, Chapter 8
- Rules of the City of New York Title 6, Chapter 7, Subchapter B
NYC: Stop Sexual Harassment Act Notice
Summary of state requirements: All employers in the City are required to conspicuously display anti-sexual harassment rights and responsibilities notices in both English and Spanish. Employers must also distribute a fact sheet to individual employees at the time of hire. This fact sheet may be included in an employee handbook.
Related information:
Citations:
- Local Laws of the City of New York Local Law 95 of 2018