DISCLAIMER: This post is a general overview of required employee policies for New York employers, which change regularly. Nothing in this post is legal advice. If you require legal advice applied to your unique situation, please make an appointment to discuss it with an attorney of your choosing and in your jurisdiction.
There are many required employee policies that managers, licensed professionals, and small business owners in New York State (NYS) need to be familiar with. Often overwhelmed as they juggle daily operations, client needs, and employee management, missteps can easily occur. In the worst-case scenario, those missteps can lead to lawsuits or non-compliance penalties. Even in the best cases, they erode employee trust and confidence.
To help you navigate this complex landscape, here’s a breakdown of the essential employee policies employers must communicate to employees through:
- Mandatory Postings
- Employee Handbooks
- Ongoing Training
Federal Requirements
Businesses operating in the United States are required to comply with federal law. As we have seen recently with the Federal Trade Commission’s ban on non-competition clauses, employers may challenge the constitutionality of laws, rules, and regulations, but those that take effect must be followed until repealed. This leaves several important employee policy requirements:
- Fair Labor Standards Act (FLSA) (Minimum Wage)
- Family and Medical Leave Act (FMLA)
- Employee Polygraph Protection Act (EPPA)
- Equal Employment Opportunity (EEO)
- Occupational Safety and Health Act (OSHA)
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
New York State Requirements
NYS adds employee protections to those provided by federal laws, including:
- Sexual Harassment Prevention
- Prohibition of Retaliatory Action by Employers
- Limited Use of Criminal Convictions Records
- Prohibition of Discrimination Based on Race, Creed, Age, Color, Disability, National Origin, Sex, or Marital Status
- Minimum Wage (in addition to the federal minimum wage notice)
- Meal and Rest Breaks
- Lactation Accommodation
- Job Safety & Health Protection
- Unemployment Insurance (UI)
- Workers Compensation (WC)
- Disability (DB) and Paid Family Leave (PFL)
- New York Safe and Sick Leave
- Jury Duty Leave
- Voting Leave
New York City Requirements
If your business operates in New York City, you must also comply with additional local laws and post notices about the following:
- NYC Paid Safe and Sick Leave Law
- NYC Stop Sexual Harassment Act
- NYC Temporary Schedule Change Law
- NYC Workers’ Bill of Rights
Compliance Signals Commitment
In addition to employment being a partnership between employer and employee toward mutually beneficial goals, business is a partnership between owner and government. Compliance is mandatory. It also signals commitment to both partnerships, which has long-lasting positive impact.