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Find out how New York employment law differs from federal laws at HR.BLR.com, the human resource experts.
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New York state labor law deals primarily with the relationship between employers and unions. New York labor and employment law education and training includes a broad range of issues, such as hiring and firing practices, medical leave, overtime, worker safety standards and wages.
New York labor law is prohibited from interfering with federal labor laws or guidelines produced by federal agencies. Employer/employee relations were brought to the federal level in 1935 with the National Labor Relations Act (NRLA). Employers and employees may have their relationships governed by state laws if they are not subject to the NRLA. There are three steps to learning about labor and employment laws in New York:
- Formal education. An attorney who practices New York employment law will typically need at least a Juris Doctor (J.D.) degree from a law school that is accredited by the American Bar Association (ABA).
- Specialization. Attorneys can choose to specialize by taking legal training that is specific to labor and employment law in New York.
- Membership in professional organizations. There are many organizations of attorneys based on their area of specialty, such as labor and employment law.
Action Steps
The best contacts and resources to help you get it done
Attend a law school that specializes in labor laws in New York
There are a variety of universities in New York that provide training in labor and employment law, such as specific coursework, a formal concentration or legal clinics.
I recommend: Cornell University Law School offers a labor law clinic for students who wish to improve their understanding of labor law in New York. New York University Law School has a center for labor and employment law.
Obtain Continuing Legal Education (CLE) credit for employment lawyers in New York
New York requires attorneys to stay current on changes in employment law with CLE courses. There are a variety of education and training programs in New York that provide CLE credit in labor and employment law.
I recommend: The Association of the Bar of the City of New York provides several CLE courses in labor and employment law for New York. The National Employment Lawyers Association/New York holds two conferences each year in New York that provide CLE credit.
Learn through professional training associations on the New York labor code
Professional associations frequently offer formal training such as conferences, seminars and workshops in employment and labor law. These organizations also provide more casual meetings that allow attorneys to exchange tips on building and maintaining a practice.
I recommend: The New York State Bar Association offers many training products on employment law, such as Employment Law for the General Practitioner and Corporate Counselor. The Onondaga County Bar Association offers CLE courses on a variety of topics, including employment law.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Labor lawyers in New York should also be alert for educational opportunities that do not provide CLE credit but nevertheless provide important information on labor and employment law. A typical event of this type might consist of watching a specific legal issue being reenacted by actors followed by a legal analysis in a relaxed atmosphere.
New York labor law helps employers protect their businesses through compliance with safety standards, fair hiring practices and work environment. New York labor and employment labor law helps both employers and employees have better working relationships in a more productive environment.
New York labor and employment law makes working better for everyone. Labor law, though originally intended to improve working conditions for laborers, boosts business owner’s bottom line by increased productivity.
New York labor laws deal with job safety, employee foreman ratios, break time, lunch time and safety standards within the work environment. Updated New York labor laws meet the demand of new technology and constantly changing work requirements. Understand and comply with NY labor laws to:
1. Stay in compliance with changes to New York state labor and employment law.
2. Provide productive work environments for employees through New York employment law.
3. Protect your business from frivolous lawsuits.
4. Keep productivity high.
Action Steps
The best contacts and resources to help you get it done
Display New York employment law posters in easy to read locations around your facility
Keeping employees informed of their rights and responsibilities under employment law in New York keeps them empowered. New York labor law posters provide the latest updates or changes in labor law in New York.
I recommend: GovDocs and LaborLawCenter carry up to date government recommended New York employment law posters for display around your facility.
Protect yourself and your employees by keeping up to date on New York labor laws
The only way to guard your company from frivolous lawsuits and keep employees happy is to promote a safe work environment and understand your rights as an employer. Keeping up to date on changes to current laws and how the effect your particular company is vital to a healthy work environment.
I recommend: Visit the Worker Protection page of the New York State Department of Labor for the latest information on worker's rights. Also check out the Spotlight Section of the New York State Department of Labor homepage for up to date changes and information on New York labor law.
Increase productivity by going above and beyond required state of New York work laws
New York employment law, as in any state, gives guidelines and requirements for what the state considers a safe working environment. Going above the minimum requirements to keep employees happy is a great way to increase their overall productivity.
I recommend: Visit the US Department of Labor for New York labor contact information and access to labor law resources. HRhero.com is a subscription service offering the latest updates to state by state employment law.
Find labor lawyers in New York from a New York employment laws firm
Employment law attorneys from New York employment law firms help clients understand New York labor laws. New York labor lawyers from New York employment law firms keep clients informed and in compliance with the latest changes and updates to New York employment law.
I recommend: Jason L. Abelove of Garden City and Jackson Lewis, LLP of White Plains specialize in labor and employment issues in New York.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Discuss New York state employment law changes with your union representative. If you are a non union business, be sure someone in your Human Resources department is in charge of all employment law related issues.
- • Post New York state labor law posters anywhere employees tend to congregate or spend time on breaks. Conference areas, break rooms, lunch rooms and near time clocks are all great places to for labor law posters.
An examination of New York labor and employment law basics should include finding ways of protecting your business and employees. The primary goal of labor and employment laws is to equalize the power between employers and employees, who are frequently represented by labor unions.
Labor laws in New York may include both state and federal statutes. Federal laws regulate workers' rights to organize and override most state labor and employment laws. However, federal laws generally do not apply to agricultural workers, domestic employees and employees of local or state governments. There are three general areas of labor and employment law regulated by states:
- NY labor law on wages and benefits. Many states have laws giving a minimum wage that is higher than the federal standard and also provide laws that protect workers excluded by the Fair Labor and Standards Act (FLSA).
- Display requirements for labor law posters. New York employers must prominently display posters in the workplace with specific information on federal and New York labor laws.
- Workers compensation insurance. New York has minimum coverage requirements for employees who experience work-related injuries. Employers frequently consult with New York employment law firms to ensure their worker's compensation insurance coverage is adequate.
Action Steps
The best contacts and resources to help you get it done
Learn about New York labor law that regulates minimum wage and overtime
According to New York labor law, businesses must pay their employees the greater of the state or federal minimum wage. Overtime laws generally control what an employee should be paid after 40 hours of work in the same week.
I recommend: The NYS Department of Labor provides the minimum wage in New York, as well as links to other resources on New York labor law. The New York State Attorney General lists the current minimum wage and answers other questions on labor law in New York.
Find out how to display posters on New York labor law
New York labor law posters keep employees informed of their rights and obligations under federal and state labor laws. Employers must display these posters in the workplace in a visible location where they are easy to read.
I recommend: GovDocs.com has the latest New York requirements for labor law posters. CoCoSafe lists posting requirements and recommendations for New York labor law posters.
Provide workers' compensation insurance required by New York labor laws
Workers' compensation insurance in New York protects employees and their families in the event of injury or death of the employee while on the job. Government websites, insurance agencies and labor lawyers in New York commonly have basic information on workers compensation.
I recommend: New York Workers' Compensation Board provides basic information on the requirements for workers' compensation insurance in New York. Workers Compensation Insurance provides resources on workers' compensation that is specific to New York.
Tips & Tactics
Helpful advice for making the most of this Guide
- • New York labor laws generally have the presumption that workers not covered by an employment agreement are 'at will' employees who may be fired without notice or cause. However, these employees may be protected under laws that cover specific activities, such as organizing unions or whistle blowing.
Attorneys must stay current on New York labor and employment law news and trends. This area of law can be affected by legislation and court rulings involving New York labor and employment law. New York has a variety of procedures and forms for dealing with matters of labor and employment law. Attorneys who practice labor and employment law also may wish to remain informed on what the general public thinks about changes in New York labor and employment law.
Information on news and trends for labor laws in New York may be grouped according to source, such as the following three categories:
- Independent news sources on New York labor laws. These sources include blogs, magazines and newspapers, and generally do not rely on any particular lobby group or business. They may contain hard news, as well as varied opinions, on labor and employment law.
- State websites. These sites are the best source of official news and trends on New York labor law, such as current procedures or rulings.
- Labor and employment law attorneys. Legal professionals may be able to provide inside news and other information on labor and employment law that is not readily available elsewhere.
Action Steps
The best contacts and resources to help you get it done
Study independent sources of news and trends on New York employment law
News organizations frequently report on legislative updates on New York labor and employment law. Individuals also may keep blogs and journals on labor law in New York.
I recommend: The United States Department of Labor reports on a recent lawsuit it filed in New York to recover employee wages. The Building and Construction Trades Department, AFL-CIO has a recent article on a program to identify labor law violations in New York.
Review state websites to get official news and other information on New York working laws
New York government websites are the best places to get the latest news about New York labor and employment law. A New York website also may publish the state statutes to help attorneys stay informed on the latest legislation that relates to New York labor and employment law.
I recommend: The NYS Department of Labor publishes newsletters with updates on employment laws in New York. NYC Small Business Services posts press releases with information on employment and labor law in New York City.
Get inside news on labor law from labor lawyers in New York
New York employment law firms frequently have information on New York law that is not available elsewhere. These attorneys may publish newsletters or full length articles on a particular aspect of labor and employment law in New York.
I recommend: Kenny Shelton Liptak Nowak provides updates on labor law cases in New York. Goldberg Connolly publishes articles on a variety of legal topics in New York, including labor law updates.
Tips & Tactics
Helpful advice for making the most of this Guide
- • New York employment law also includes protection for older workers, and the trend in these laws over time has been to protect older workers. The Age Discrimination in Employment Act (ADEA) of 1967 prohibits employment discrimination against employees 40 years of age or older. The ADEA was amended in 1986 and again in 1991 by the Civil Rights Act of 1991 and the Older Workers Benefit Protection Act.


