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HR Checkpoint – Did you know…

April 18, 2023

There are numerous NY state and federal labor laws that employers in NYS must comply with. Below are just a few fast facts to be aware of. Did you know...

- all employees in NYS, whether blue collar, white collar, or otherwise, who work a shift of more than six hours which extends over the noonday meal period are entitled to at least 30 minutes off within that timeframe for the meal period? (NYS meal period guidelines)

- the minimum wage in this part of NY state, aka 'remainder of NYS', is $14.20 per hour effective December 31, 2022 (not including fast food jobs)? (NYS minimum wage)

- the NYS salary threshold in this part of NY state is $1,064.25 per week ($55,341 when annualized) but only applies to the executive and administrative exemption categories? (NYS minimum wage orders)

- neither NY nor federal labor law require an employer to provide a "coffee break" to employees but if a break period of less than 20 minutes is provided, it must be paid? (Fair Labor Standards Act)

- NY employers must notify employees who are terminated from employment, in writing, of the exact date of termination and exact date of cancellation of employee benefits connected with termination, and it must be provided within 5 working days of the termination date? (whether they resign or are terminated for cause) (NYS termination notice)

- when calculating hours worked for purposes of determining overtime obligations, an employer is not required to count vacation, sick days, holidays or other paid time off as hours worked, unless so noted in company policy? (Fair Labor Standards Act)

- NY state law requires that certain employers provide employees with 24 consecutive hours of rest in each calendar week? (NYS day of rest)

- if an employee loses their employee ID or breaks company property, among other things, NYS employers may not legally recoup the cost via payroll deduction or similar means? (NYS wage deduction law)


* There may be exceptions, caveats, and/or additional rules pertaining to each of the above. Please be sure to review the information found at each link provided.


As mentioned, the above are just brief references to what can be complicated labor laws. Members with questions on these or other HR issues are encouraged to contact the HR Helpline staff for assistance: Kathy Richmond at (585) 256-4618, Jennifer Suppé at (585) 256-4608, or Fernán Cepero at (585) 256-4606. The amount of available Helpline access is based on membership level. We can not provide a legal opinion so we recommend consulting with your employment law attorney when warranted.


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