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Nobody ever said running a business was a walk in the park. As an employer, you have a lot of balls in the air, and compliance is just one of them. One really, really important one that, if dropped, could cost you a whole lot of money.
In addition to federal regulations, each state has their own share of employment laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements and laws, and offering guidance to help you keep up.
Bear in mind, this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.
Onboarding Requirements for New Hires
In the state of New York, employers are required to satisfy the requirements of the Wage Theft Prevention Act (WTPA) via the presentation of wage notices, templates for which are available for download in Justworks administrators’ Document Centers.
Wage Theft Prevention Act (WTPA)
New York Paid Family Leave
The New York Paid Family Leave program (NYPFL) provides many employees paid family leave to help balance caring for their loved ones and protecting their economic security. This law covers a lot of ground, so here are a few resources to help you understand the ins and outs:
NYPFL Employer Guide
NYPFL Costs and Policies
Justworks Webinar on NYPFL (approx. 33 minutes)
Payroll Tax Accounts
Because Justworks reports New York State unemployment taxes on your behalf, you’ll need to close your New York State Unemployment and Withholding accounts prior to joining our platform. Here are the steps to do that.
New York - State Unemployment Insurance
Statutory Disability
Statutory Disability insurance provides case benefit of income lost due to an off-the-job disabling injury or illness.
Statutory Disability
Paid Sick Leave
Certain employers in New York City and Westchester County, including all private and most nonprofit employers, must provide sick leave for their employees and are required to distribute a Notice of Employee Rights to their employees.
New York City Earned Safe and Sick Time Act
Westchester County Earned Sick Leave Law
Reminder: as of May 15, 2018, NYC policies must be “safe time” compliant:
NYC Employers: Updates Required to Paid Sick Leave Policy
Pay Requirements
New York employers can find the most up-to-date minimum wage requirements from the New York State Department of Labor. The minimum wage is based on where an employee performs work. Workers must be paid the minimum wage rate for their work location regardless of where the main office of their employer is located.
Also, learn about the state's annual increases to the salary threshold for exempt executive and administrative employees: Salary Threshold for New York State.
Termination
New York employers should familiarize themselves with specific compliance issues and certain key documents for terminating employees.
Terminating an Employee in New York
In New York, the final paycheck must be issued on the next regularly scheduled payday.
Department of Labor: Final Paycheck
In the absence of a forfeiture clause, accrued and unused vacation must be paid to employees upon termination.
Department of Labor: Accrued and Unused Vacation
Pay Parity
Additionally, find guidance on pay equity for employers in New York state from the Department of Labor.
Guidance on Pay Equity
Sexual Harassment Prevention
New York State requires that every employer adopt a sexual harassment prevention policy that includes a complaint form for employees to report alleged incidents of sexual harassment. A model policy and compliant form is available to employers for implementation. If an employer does not adopt the model policy it must ensure that their policy meets or exceeds certain minimum standards.
Every employer in New York State is required to provide employees with sexual harassment prevention training to all employees annually, starting on Oct. 9, 2019. An employer that does not use the model training developed by the Department of Labor and Division of Human Rights must ensure that the training that they use meets or exceeds the certain minimum standards.
Justworks customers have free access to a suite of trainings through our partnership with EVERFI, the offerings of which meet or exceed New York State and New York City minimum standards.
Additional information: Administering sexual harassment prevention training on Justworks
Commuter Benefits (New York City)
New York City's Commuter Benefits Law requires for-profit and nonprofit employers with 20 or more full-time non-union employees in New York City must offer their full-time employees the opportunity to use pre-tax income to pay for their commute.
NYC Consumer Affairs - Commuter Benefits Law
Justworks customers can easily administer commuter benefits via our integrated partnership with WageWorks.
Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.