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Forums For Adjudicating Employment Disputes

There are no specialized labor courts in New York. Labor and employment litigation can take place, depending upon the nature of the matter, in one or more of the following forums: federal and state courts; Equal Employment Opportunity Commission; New York State Division of Human Rights; New York City Commission on Human Rights; and specialized agencies such as the National Labor Relations Board and the New York State Department of Labor for traditional labor matters, the Occupational Safety and Health Review Commission for safety and health issues, and the National Mediation Board for traditional labor matters in the airline and railroad industries.


The Main Sources Of Employment Law

The main sources of employment law in New York are Federal and state statutory law, together with the common law and the New York State Labor laws. In addition to New York state laws, New York City has its own employment laws, including the New York City Human Rights Law, the Fair Chance Act, the Paid Safe and Sick Leave Law, and the Freelance Isn’t Free Act.


National Law And Employees Working For Foreign Companies

Persons working in New York are subject to both federal and New York state law as well as local laws where they exist, as they do, for example, in New York City.


National Law And Employees Of National Companies Working In Another Jurisdiction

Americans employed by American companies, but who work outside the United States, are nonetheless subject to federal law and possibly New York state law in certain circumstances.


Data privacy

The New York State SHIELD Act requires employers in possession of New York residents' private information to "develop, implement, and maintain reasonable safeguards to protect the security, confidentiality and integrity of the private information."

The SHIELD Act does not mandate specific safeguards but instead provides that a business will "be deemed to be in compliance with" this standard if it implements a "data security program" that includes all of the elements enumerated in the SHIELD Act. Some key elements with relevance to HR stakeholders include the following:

  • Designating an employee or employees to coordinate the data security program.
  • Training and managing employees in the security program practices and procedures.
  • Assessing internal and external risks and implementing controls to reduce those risks.
  • Vetting service providers and binding them contractually to safeguard private information.

Securely destroying private information within a reasonable amount of time after it is no longer needed for business purposes.

§ 203-D of Article 7 of the Labor Law prohibits employers in New York from publicly posting or displaying an employee's social security number, visibly printing a social security number on any identification card or badge, placing a social security number in files with unrestricted access, or communicating an employee's personal identifying information to the general public.

Legal Requirements As To The Form Of Agreement

New York is an employment “at will” state, which means that the employment is for no specific term and is subject to termination at the will of either party at any time for any or no reason, with or without notice. This can be modified by express agreement only. With the exception of high-level executives and other key personnel, there are usually no employment agreements providing for a fixed term of employment or modifying the employment “at will” status of employees. Collective bargaining agreements provide another exception, and usually contain “just cause” disciplinary provisions subject to arbitration. Notably, New York Consolidated Laws Section 7515 prohibits arbitration of any discrimination or harassment claim, although federal courts have held that this law is pre-empted by the Federal Arbitration Act, which permits arbitration.

Although there is no obligation to have an employment agreement, employers must notify new employees of their rates of pay, including overtime pay rates, and their regular pay date at the time of hire. However, employees who are paid on a commission basis must have the terms of the commission arrangement reduced to writing in accordance with prescribed statutory requirements.


Mandatory Requirements
  • Trial Period
  • Trial periods are not a mandatory requirement for employees in New York.

  • Hours Of Work
  • There are no statutory prescribed hours of work. However, employers in New York must provide most employees with a day of rest once per calendar week. Moreover, all employees must receive notice in writing of their hours of work, and employment beyond certain benchmarks is discouraged by requiring premium or overtime payments, usually at least one and one-half times an employee’s regular rate of pay. Exempt employees, i.e. those who fit the statutory description of executive, administrative or professional employees, are not subject to overtime requirements and can be paid on a salary basis.

  • Special Rules For Part-time Work
  • NYC’s Fair Workweek Law requires retail and fast-food employers in NYC to give workers predictable work schedules and requires fast food employers to give existing workers the opportunity to work open shifts before hiring new workers. Main sections of the law include:

    Advance Scheduling and Schedule Change Premiums: This section requires fast food employers to provide a written Good Faith Estimate of the days, times, locations, and total number of hours that a fast-food worker can expect to work each week; 14 days’ (2 weeks’) notice of work schedules to fast food workers; and schedule change premiums when schedules are changed with less than 14 days’ notice.

    Minimum Time between Shifts: This section requires that a fast-food worker consent in writing before being scheduled to work or working two (2) shifts over two (2) calendar days when the first shift ends a day and there are less than 11 hours between shifts. These shifts, known as “clopenings,” usually involve both closing and opening the establishment. The fast-food employer must pay the fast-food worker a $100 premium for working a clopening shift.

    Access to Hours: This section requires fast food employers to offer any new shifts to existing workers at the location where shifts are available, followed by existing workers from other worksites before advertising new shifts externally or hiring a new employee. If existing workers do not accept open shifts, employers may then advertise for new workers.

    On-Call Scheduling: This section bans retail employers from scheduling on-call shifts and requires retail businesses to provide 72 hours’ (3 days’) advance notice of work schedules to retail workers.

  • Earnings
  • Federal and state law prescribe minimum wage requirements, which include additional remuneration for overtime (1.5 times the regular hourly rate), except for those employees properly characterized as exempt in one of the categories noted above. Hours worked beyond 40 hours per week constitute as overtime. The current federal minimum hourly wage is $7.25. New York’s hourly minimum wage is $12.50. In New York City, Long Island, and Westchester, the minimum hourly wage is $15.00. There are special provisions for waiters and waitresses who receive tips and also for outside salespersons paid on commission.

    The weekly pay for exemption from overtime for executive and administrative employees is $1,125.00

  • Holidays/Rest Periods
  • Employees are not entitled to holiday leave. For certain levels of employees, meal and rest periods are specified as mandatory. Meal periods should last at least 30 minutes. Employees must be provided with 24 hours of consecutive time off in each week. New York City requires New York City employers to grant employees five paid sick leave days per year with certain specified exceptions.

    In addition, employers in the service industry are covered by the Spread of Hours Law, which provides that hourly, non-exempt employees who work split shifts or whose shifts have a “spread of hours” that begin and end more than 10 hours apart are owed an extra hour of pay.

  • Minimum/Maximum Age
  • The permissible minimum age of an employee depends on the industry and the nature of the job. An employer in New York cannot discriminate against any employee over the age of 18 on the basis of age no matter how old the employee is. There is no maximum age provided for.

  • Illness/Disability
  • Federal, state, and New York City laws prohibit discrimination on the basis of disability, provided the individual can perform the essential functions of the job. It is also improper to discriminate based upon a perception of disability.

  • Location Of Work/Mobility
  • There are no mandatory requirements or restrictions relating to an employee’s place of work. Where the employee is to work and whether or not they may be required to travel for work, are matters to be decided between the employee and his or her employer

  • Pension Plans
  • There is no requirement for an employee to have a pension plan, but federal law (principally Employee Retirement Income Security Act and Internal Revenue Code, but there are others) regulates such plans when they exist.

  • Parental Rights (Pregnancy/ Maternity/ Paternity/ Adoption)
  • Pregnancy and childbirth are treated in line with disability legislation and are therefore subject to the laws of discrimination concerning disability. Employees who have been employed for at least one year may be entitled to up to 12 weeks unpaid leave in connection with the birth of a child under the Family Medical Leave Act. To the extent that an employer provides benefits beyond what is medically necessary, such policies must apply evenly to men and women. In addition, New York offers up to 12 weeks of paid family leave for eligible employees to use for the following purposes: (1) bonding for birth, adoption, and foster care; (2) to care for a family member with a serious health condition; and (3) to assist when a family member is deployed abroad as a member of the military.

  • Compulsory Terms
  • There are no compulsory terms provided for under federal and state law.

  • Non-Compulsory Terms
  • The parties are free to agree to other non- compulsory provisions. (New York Consolidated Laws Section 7515 prohibits arbitration of any discrimination or harassment claim, although federal courts have held that this law is pre-empted by the Federal Arbitration Act, which permits arbitration.)


Types Of Agreement

As previously noted, employment is “at will” in the absence of any agreement to the contrary. Agreements restricting employment rights might take the form of an individual employment agreement, a collective bargaining agreement, or an independent contractor agreement (this latter type of agreement is actually intended to avoid an employment relationship and must be carefully drafted, but it could nonetheless set specific terms, for example, for the engagement of a consultant).

Upon hiring an individual in New York, the employer must issue to the individual Form 195 from the Department of Labor, which provides notice of rate and frequency of pay.


Secrecy/Confidentiality

There are strong and enforceable common law fiduciary obligations that an employee owes to his employer. Such obligations include a prohibition against employees engaging in any activity detrimental to the interests of his employer, e.g., revealing trade secrets, working for a competitor. Sometimes these obligations are set out in an employment agreement or in what might be referred to as a Confidentiality Agreement that deals solely with this subject. Because New York has strong common law protections in this area, it is important not to inadvertently compromise those protections with an imperfect confidentiality agreement.


Ownership of Inventions/Other Intellectual Property (IP) Rights

Generally, employers own or, at the very least, have a “shop right” to any invention or intellectual property developed by an employee during the course of his or her employment, especially if the employee is hired for the purpose of developing such things. In addition, if the invention or other intellectual property is developed during working time or with the employer’s information, equipment, or materials it is more likely that the employer will be deemed to own such an invention or intellectual property.


Hiring Non-Nationals

Employers are entitled to hire non-nationals provided that hiring is done in accordance with the detailed federal requirements involving immigration laws and work visas. It is the obligation of the employer, subject to penalties, to assure that anyone hired is lawfully permitted to work in the United States. Such hiring requirements may be more complex where the employment will involve the United States Government, whether directly or indirectly. Those lawfully entitled to work cannot be discriminated against because of their national origin.

 

Equal Employment Opportunity and Anti-Discrimination

Federal, state, and local laws prohibit discrimination against various protected categories of individuals. Generally speaking, employment opportunities are to be available to all qualified persons on equal terms.

Federal law protects the following classes: race, color, national origin, religion, sex (which has been held by the U.S. Supreme Court to include sexual orientation and gender identity), age (over 40), disability, pregnancy, veteran/military status, and genetic information. New York State protects age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, marital status, and disability. New York City protects race, color, religion/creed, age, national origin, immigration or citizenship status, gender, gender identity, sexual orientation, disability, pregnancy, military service, marital status, partnership status, unemployment status, arrest or conviction record, credit history, caregiver status, and status as a victim of domestic violence, stalking, and sex offenses. In addition, New York City law protects the rights of New York City employees to maintain natural hair or hairstyles that are associated with their racial, ethnic, or cultural identities, including natural hair or locs, cornrows, twists, braids, Bantu knots, fades, Afros, etc. for Black employees.


Outsourcing And/Or Sub-Contracting

In New York City, the Freelance Isn’t Free Act provides that freelance workers have the right to a written contract, timely and full payment, and protection from retaliation. In addition, in a union setting, a collective bargaining agreement might impose restrictions on freelance work, outsourcing, and/or subcontracting.


Pre-Employment Considerations

Criminal History Inquiries

The NYS Human Rights law and NYS Corrections Law and the NYS Mini Fair Credit Reporting Act regulate background checks into applicants and employees, requiring analysis fo the criminal history and consents, disclosures and notices in written form prior to and during the background check.

The Fair Chance Act amended the New York City Human Rights Law by adding restrictions and review and notice requirements when an employer considers an individual’s criminal conviction history in deciding whether to employ or retain the applicant. The FCA added to the pre-existing requirements of the New York State Human Rights Law and the New York Corrections Law, Article 23-A, that an individualized assessment of the impact of an applicant’s conviction history on their fitness for employment be conducted before an adverse decision is made. Under state law, employers are required to apply eight specific factors to decide whether the applicant’s conviction history either 1) directly relates to the job applied for or 2) employment of the applicant creates an undue risk to property, persons or the public. The FCA incorporated these requirements and added a strict prohibition on inquiries of any type regarding an applicant’s criminal history unless the applicant first receives a conditional offer of employment.

The FCA also imposed a detailed, specific process employers must follow before a conditional offer of employment may be withdrawn based on an applicant’s criminal history. The FCA process requires an employer, before adverse action is taken based on an applicant’s criminal history, to provide the applicant with a notice and written analysis, applying the required state law factors, of the impact of their criminal history on the job applied for, and to allow the applicant at least three business days to respond and provide relevant documents or information for the employer to consider before withdrawing a conditional offer.

Many municipalities have similar laws so, generally NYS employers should not ask or inquire about convictions pre offer.

Salary History Ban

Labor Law Section 194-a prohibits an employer from, either orally or in writing, personally or directly or indirectly asking any information concerning an applicant’s salary history information. This includes compensation and benefits. The law also prohibits an employer from relying on an applicant’s salary history information as a factor in determining whether to interview or offer employment at all or in determining what salary to offer.


Hiring Non-Nationals

Employers are entitled to hire non-nationals provided that hiring is done in accordance with the detailed federal requirements involving immigration laws and work visas. It is the obligation of the employer, subject to penalties, to assure that anyone hired is lawfully permitted to work in the United States. Such hiring requirements may be more complex where the employment will involve the United States Government, whether directly or indirectly. Those lawfully entitled to work cannot be discriminated against because of their national origin.


Equal Employment Opportunity and Anti-Discrimination

Federal, state, and local laws prohibit discrimination against various protected categories of individuals. Generally speaking, employment opportunities are to be available to all qualified persons on equal terms.

Federal law protects the following classes: race, color, national origin, religion, sex (which has been held by the U.S. Supreme Court to include sexual orientation and gender identity), age (over 40), disability, pregnancy, veteran/military status, and genetic information. New York State protects age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, marital status, and disability. New York City protects race, color, religion/creed, age, national origin, immigration or citizenship status, gender, gender identity, sexual orientation, disability, pregnancy, military service, marital status, partnership status, unemployment status, arrest or conviction record, credit history, caregiver status, and status as a victim of domestic violence, stalking, and sex offenses. In addition, New York City law protects the rights of New York City employees to maintain natural hair or hairstyles that are associated with their racial, ethnic, or cultural identities, including natural hair or locs, cornrows, twists, braids, Bantu knots, fades, Afros, etc. for Black employees.


Outsourcing And/Or Sub-Contracting/

In New York City, the Freelance Isn’t Free Act provides that freelance workers have the right to a written contract, timely and full payment, and protection from retaliation. In addition, in a union setting, a collective bargaining agreement might impose restrictions on freelance work, outsourcing, and/or subcontracting.

Changes To The Contract

Employment in New York is generally “at will” and, as such, changes in the employment relationship or employment terms can be made in the absence of contractual commitments. However, if there is a formal contract, then the contract should specify how changes should be made and such terms would have to be followed.


Change In Ownership Of The Business

Since employees can be dismissed at will in the absence of an agreement to the contrary, there is no right to continued employment with a new owner of the same business (subject to the caveat that all hiring decisions are subject to applicable antidiscrimination laws). An exception exists in New York City for building service workers under certain conditions specified in the City’s Administrative Code when the owner of a building changes the commercial cleaning services company in a building.

NY State has its own WARN Act, as noted below, so employers should be careful and when terminating more than 25 employees (which often happens in the sale of a business), perform a detailed analysis of the issue carefully,


Social Security Contributions

Social security contributions are mandated by federal law for the federal retirement program.


Accidents At Work

Injuries suffered at work are subject to the Workers Compensation Law, which provides for payments to the injured employee based upon the nature of the injury. Employers are required to maintain worker’s compensation insurance. In the absence of evidence that an employer took specific actions intended to harm the employee, the availability of compensation through Workers’ Compensation is the employee’s exclusive remedy, and there can be no independent lawsuit by the employee for damages. However, this will not insulate third parties (e.g., equipment manufacturers) from suits, for example for products liability.

Where there is an accident at work, the Occupational Safety and Health Act may require that an investigation is carried out. Investigation under the Act is more likely if the accident resulted in a fatality (in which case, under certain circumstances, there could be a criminal prosecution) and/or multiple hospitalizations (which under appropriate circumstances could also lead to criminal prosecution). Fatalities from a work-related incident must be reported to the Occupational Safety and Health Administration (OSHA) within eight hours of the occurrence. Employers must also report to OSHA within 24 hours any inpatient hospitalization of one or more employees, amputation, or loss of an eye resulting from a work-related incident.


Discipline And Grievance

Although there is no requirement to have such procedures in place, it obviously makes good business sense to have a procedure where problems are brought to light and dealt with before they adversely affect productivity or lead to union organizing. Most collective bargaining agreements do have such procedures.


Harassment/Discrimination/Equal pay

Harassment and discrimination on the basis of specified characteristics (which are established by federal law but supplemented by New York State and City law) are prohibited by federal, state and, in New York City, by local law. In addition, retaliation against an employee who complains about suspected discrimination is prohibited. Men and women who perform the same work under the same conditions must be paid equally.


Compulsory Training Obligations

Compulsory training obligations exist under OSHA in a variety of circumstances, including, for example, in connection with the employment of individuals in hazardous jobs or where they will be exposed to hazardous or toxic substances.

In addition, employers are required to post their written sexual harassment fact sheets and posters in the workplace. New York State and New York City require employers to provide sexual harassment training to employees. We also recommend general anti-harassment and discrimination training, ideally in person if possible post-COVID.


Offsetting Earnings

There can be no deductions from an employee’s pay except for certain statutorily specified reasons that are generally for the employee’s benefit, and then only pursuant to a signed written authorization. Otherwise, an employer must sue an employee to recoup monies that might be owed to the company by the employee.


Payments For Maternity And Disability Leave

Covered employers (i.e., any employer with more than one employee) must provide New York Paid Family Leave, which provides up to 12 weeks of paid leave for eligible employees to care for family members or bond with a new child.

Apart from New York Paid Family Leave, the employer is not obliged to pay employees who are absent from work due to maternity or other disability. However, employers’ policies must be non-discriminatory.


Compulsory Insurance

An employer is compelled to maintain unemployment insurance, which is intended to provide a limited safety net for employees who are separated from their jobs through no misconduct of their own, and worker’s compensation, which is intended to provide recompense for workplace injuries and illnesses. An employer must also provide New York Paid Family Leave, which provides up to 12 weeks of paid leave for eligible employees to care for family members or bond with a new child.

In addition, where an employer has voluntarily adopted a health insurance plan for its employees, it must provide an opportunity for separated employees to continue such insurance at their own expense for a temporary period of time in cases where the separation is not due to employee misconduct.


Absence For Military Or Public Service Duties

Absence for military or public service duties is governed by federal and state law. The law provides that generally unpaid leave be provided, and that the individual be restored to his job or a comparable job upon returning to work. There is also a federal requirement to provide unpaid leave to persons related to those called to active military service, as well as those who return from service and require care or assistance.

There is a requirement to provide leave and limited compensation to employees who are summoned to jury duty service.


Works Councils or Trade Unions

There are no works councils. Unions presently represent about seven or eight percent of the private sector workforce in the United States.


Employees’ Right To Strike

The employees’ right to strike is protected by federal law. The employees’ right to strike can be prohibited by a collective bargaining agreement. Such a collective bargaining agreement may provide that the disputes must be expressly or implicitly resolved in accordance with a grievance and arbitration procedure that ends in binding arbitration. Courts are divested of jurisdiction to enjoin a strike that is not in violation of a contractual prohibition unless there is violence and or serious property damage. A refusal to work under abnormally dangerous conditions relative to the job at issue is not considered a strike.


Employees On Strike

In an economic strike, i.e., one motivated by legitimate differences over the outstanding issues properly the subject of negotiation; the employer has the right to hire a permanent replacement for a striking employee. The replaced employees who do wish to return to work must be placed on a preferential rehire list and offered any openings for which they are qualified that become available.

If a strike is in protest over an employer’s unfair labor practices, then the striking employees have a right to return to their jobs upon request to do so, and the employer incurs backpay liability in the event it improperly denies such an employee the right to return to work. The distinction between economic and unfair labor practice strikes is one that might not be readily apparent or finally resolved without years of litigation.


Employers’ Responsibility For Actions Of Their Employees

Employers are generally responsible for the actions of their employees that are performed within the course of their duties and responsibilities for the employer.

Procedures For Terminating the Agreement

Employment is “at will” and can be terminated by either party at any time with or without notice for any lawful or no reason, unless the parties have circumscribed these rights by contract.


Instant Dismissal

Instant dismissal is permissible, in the absence of a contractual restriction.


Employee's Resignation

An employee is free to resign without restriction, in the absence of an agreement to the contrary


Termination On Notice

Providing notice is not required unless provided for by agreement.


Termination By Reason Of The Employee's Age

An employer cannot terminate the employment relationship by reason of the employee’s age where the employee is above 18. This naturally does not preclude termination for other legitimate reasons.


Automatic Termination In Cases Of Force Majeure

Employees can be automatically terminated in cases of force majeure, in the absence of agreement to contrary.


Collective Dismissals

New York State Worker Adjustment and Retraining Notification Act (NY “Mini WARN”)

Private-sector employees with 50 or more full-time employees must provide written notice of a covered mass layoff, plant closing, or relocation, at least 90 days prior to the action, to their employees, union representatives (if applicable), the New York State Department of Labor, local workforce agencies, the chief elected official of the unit of local government and the school district or districts in which the covered event will occur, and each locality that provides police, firefighting, emergency medical or ambulance services, or other emergency services to the site of employment subject to the covered event.


Termination By Parties’ Agreement

Termination by the parties’ agreement is only applicable where there is a contract of employment. Parties may terminate by agreement but as per the terms of the agreement.


Directors Or Other Senior Officers

Directors and other senior officers would normally have an employment agreement with restrictions on termination and notice, among other things, in order to induce high level personnel to work for a particular employer. In the absence of such an agreement, the same employment at will principles will apply.


Special Rules For Categories Of Employee

There are restrictions on an employer’s ability to enter into a non-competition agreement in the broadcast industry in New York. Commission salespersons must have the terms on which commissions are earned in a written agreement.


Specific Rules For Companies in Financial Difficulties

There are no specific rules that apply to employees of a company in financial difficulties. However, a formal bankruptcy proceeding could impact on contract rights, including those in a collective bargaining agreement. Also, to the extent that a company in financial distress might close down a facility or have a mass layoff of employees, an employer may be required to provide advance notice or pay in lieu thereof under appropriate circumstances.


Whistleblower Laws

New York Labor Law § 740 is designed to protect employees who report a violation of the law that either “creates and presents a substantial and specific danger to the public health or safety, or…constitutes health care fraud.

The protection for employees who do not work in health care is focused on alleged harm to the public at large. The whistleblower employee must demonstrate that there was an “actual violation” of a safety statute or regulation creating a substantial and specific danger to the public health or safety, and that the harm that results from the violation affects the public-at-large, as opposed to an individual plaintiff or group. The statute also contains a broad election of remedies provision which states that “institution of an action in accordance with this section shall be deemed a waiver of the rights and remedies available under any other contract, collective bargaining agreement, law, rule or regulation or under the common law.”

The statute of limitations for a § 740 claim is one year and employees who successfully prove that they were retaliated against can recover back pay, but cannot recover compensatory or punitive damages.


Restricting Future Activities

Non-competition, non-solicitation, and confidentiality restrictions following the end of an employee’s employment are permissible. There are common law fiduciary obligations, and those may be supplemented by contract. Restrictions on competition must have a legitimate, protectable business interest justification and must be reasonable, in both geographic scope and duration. Greater restrictions may be imposed in connection with the sale of a business and its good will. As a general rule, non-competition agreements applicable to workers in New York should generally be restricted to six months to a year in duration, in order to increase the likelihood that they will be found to be enforceable. Non-solicitation agreements applicable to workers in New York should generally be restricted to one to two years in duration, restricting solicitation of customers and/or clients that the employee had direct contact with during employment.


Special Rules For Garden Leave

There are no special rules for garden leave in the state of New York.


Severance Payments

Severance payments are not required. However, under certain circumstances, 90 days’ notice of a plant closing, or mass layoff is required under the New York State Worker Adjustment and Retraining Notification Act, as noted below, and the failure to do so obligates the employer to pay the employees for up to 60 days for the failure to provide such notice.


Special Tax Provisions And Severance Payments

Severance payments are generally treated as ordinary income to the employee and as a business expense to the employer.


Allowances Payable To Employees After Termination

Allowances are not payable to the employees after termination. However, accrued but unused benefits, e.g., paid vacation, must be paid.


Time Limits For Claims Following Termination

There are various statutes of limitations for making claims, depending upon the nature of the claim and the forum in which the claim is made. Such time limits, however, are generally keyed to the date of the occurrence giving rise to the claim and not to the termination date of employment. The time limits range from about 3 years to 6 years.

After termination of an employee in New York, the employee must receive written notice of the termination, stating the effective date of termination and the exact date that any employee benefits will cease. This notice must be given to the employee no later than five working days after the date of termination, resignation, or other separation of employment. The employee must also receive the final paycheck on the day they are terminated or by the next regular pay day.

Specific Matters Which Are Important Or Unique To This Jurisdiction

NY has various forms of paid leave for COVID-19, including, paid sick leave, family leave and vaccination leave.



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Loren Forrest
Holland & Knight LLP
United States


Dana Feinstein
Holland & Knight LLP
United States


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© 2021, Holland & Knight LLP. All rights reserved by Holland & Knight LLP as author and the owner of the copyright in this chapter. Holland & Knight LLP has granted to Multilaw non-exclusive worldwide license to use and include this chapter in this guide and to sublicense Lexis Nexis, a division of RELX Inc. and its affiliates certain rights to use and distribute this Guide.

The information in the How to Hire and Fire Guide provides a general overview at the time of publication and is not intended to be a comprehensive review of all legal developments nor should it be taken as opinion or legal advice on the matters covered. It is for general information purposes only and readers should take legal advice from a Multilaw member firm.

Publication Date: June 2021