nys labor law breaks see pg 7

WORKER PROTECTION IN NEW YORK STATENEW YORK STATE DEPARTMENT OF LABOR

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� MINIMUM WAGE �

What is the New York State Minimum Wage?For most employees covered under Article 19, the Minimum WageAct of the New York State Labor Law, the basic minimum wage is$7.15 per hour as of January 1, 2007. This basic rate may, however,be modified by certain requirements specified within a set ofregulations known as a “Wage Order, “ which is relevant to aparticular industry or occupation. A Wage Order may, in someinstances, provide for a special split shift rate or an excessivespread of hours rate. It may also include a daily call-in payprovision, a distinct part-time rate and/or an allowance for themaintenance of required uniforms. Any future increase in thefederal wage will result in an increase in the state’s minimumwage.

Must I be paid at a special rate if I work overtime?Employers are required to pay covered employees who workovertime (over 40 hours in a payroll week for non-residentialemployees and over 44 hours in a payroll week for residentialemployees) at a rate that is one and one half times the employee’sregular (non-overtime) hourly rate of pay.

Are tips and meals part of the minimum wage?Yes. But only in specific fields and occupations. Regarding foodservice workers, for example, a “tip allowance” of $2.55 per hourresults in a minimum “cash wage” of $4.60 per hour. Allowancesfor meals also may apply.

Are all workers in New York State covered by the minimum wagerequirements?

Most workers are covered, including most domestic workers.Exceptions are as follows:

� part-time baby sitters in the home of the employer;� companions to sick or elderly people who live in the home

of an employer and whose principal duties do not includehousework;

� executives, administrators and professionals;� outside salespersons;� taxicab drivers;

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� ministers and members of religious orders;� government employees (except certain non-teaching

employees employed by a school district or board ofcooperative educational services);

� volunteers, learners,apprentices and students, ifworking in nonprofit institutions.

There are certain other minor exceptions.

If I am covered by the Federal minimum wage law, does the State lawapply to me?

Yes. While the Division of Labor Standards enforces the New YorkState Minimum Wage Act and its regulations, the Wage and HourDivision of the United States Department of Labor (USDOL) enforcesthe minimum wage and overtime provisions of the Fair LaborStandards Act (FLSA). In situations where both the state and federalgovernments have jurisdiction, that coverage which yields thehigher amount of pay is applicable.

What should I do if I think I am getting less than the law requires?The State Labor Department will help collect underpayments forworkers who have not received the minimum wage required bylaw.

If you have questions, call or write:1. New York State Department of Labor

Division of Labor Standards247 W. 54th St.New York, NY 10019(212) 621-9334

2. New York State Department of LaborDivision of Labor StandardsW. Averell Harriman State

Office Office Campus Albany, New York 12240-0122 (518) 457-5508

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to interfere with the exercise of these rights. Charges of discrimination or interference may be filed with the State Employment Relations Board.

Does the State Labor Relations Act apply to domestic employees? Yes. Effective January 1, 1977, domestic workers who are employed by a commercial agency, and are assigned by the agency to work in homes of individual persons, are covered by the act. They may join unions and bargain collectively with their employers. Note that this legislation does not apply to domestics employed directly by an individual in his or her home, or to persons whose primary responsibility is the care of a minor or as a companion to the sick or elderly who reside in homes of private persons.

Does this apply to all employees? Yes, with certain exceptions. The act does not apply to businesses substantially in interstate commerce which are regulated by the National Labor Relations Act. Public employees are covered by a different law.

For more information call or write the State Employment Relations Board:

Agency Bldg. 2, 20th Flr. State Office Building, Rm. 410 Albany, NY 12223 65 Court Street Buffalo, NY 14202 (518) 474-7724 (716) 847-7160

247 W. 54th St., 5th Flr. State Office Building, Rm. 418 New York, NY 10019 333 E. Washington St., Buffalo, NY 13202 (212) 621-0855 (315) 428-4068


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� PREVAILING WAGE RATE �

What is meant by the prevailing wage rate?This term (rather than minimum wage) describes wage and fringebenefits paid to workers employed on certain public work projects,such as construction of public roads and public buildings. Theymust receive at least the wage rate and fringe benefits of workersin the same trade or occupation in that area. The prevailing wagerate is established by collective bargaining agreements betweenbona fide labor unions and employers of the private sector inthe locality where the work is to be done.

What is meant by public work?Public work means construction work on projects for agovernment agency, including the State, cities, counties, towns,villages, water districts, school districts, and any agency,commission, or authority created by the laws of New York State.Projects include highways, state institutions, schools, and bridges.

How do I know whether I am receiving the prevailing wage rate?All contractors performing public work are required to post a listof occupations and wage rates in a prominent place on the jobsite. You may check the rate you are receiving against the rateshown on the schedule for your occupation.

When can an employer pay an apprenticeship rate?Only employees who are individually registered as apprenticeswith the Commissioner of Labor may be classified as apprenticesand paid the prevailing rate for apprentices.

Are some service employees also covered by a prevailing wage rate?Yes. The prevailing wage covers building service employees, suchas building cleaners, watchmen, guards and porters, employeeswho collect garbage, and employees who transport officefurniture and equipment. It also covers employees who deliverfuel oil. These employees must be paid the prevailing wages andfringe benefits if they work on State or local government projectsin excess of $1,500. In the case of a city contract, the citycomptroller (or equivalent) administers the law.

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than $100 or more than $500 to be determined by the Workers’Compensation Board. The employee so discriminated against shallbe restored to employment, and shall be compensated by theemployer for any loss of wages arising out of such discrimination,provided such employee is qualified to perform the duties ofemployment.

For more information about New York State Disability Benefits,write:

Disability Benefits BureauWorkers’ Compensation Board100 BroadwayAlbany, New York 12241Or call (518) 474-6681

How do I find out about my rights under the Family Medical LeaveAct?

The Family Medical Leave act is administered by the U.S.Department of Labor. For more information contact the Wageand Hour Division of USDOL listed in the blue pages of yourlocal phone directory.

� LABOR RELATIONS �

Does the State Employment Relations Board mediate labor disputes?Yes. The State Employment Relations Board offers its services tolabor and management in resolving labor disputes throughmediation and arbitration. The board maintains offices in NewYork City, Albany, Syracuse, and Buffalo.

Do employees have the right to join unions?Yes. The State Labor Relations Act guarantees employees the rightto form, join, or assist labor organizations, and to bargain collectivelywith their employers through representatives of their own choosing,usually through elections conducted by the State EmploymentBoard.

Are employees who exercise this right protected by law?Yes. It is unlawful for an employer to discriminate againstemployees who exercise their rights, or for the employer otherwise


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For additional information write to:New York State Department of LaborBureau of Public WorkW. Averell Harriman State Office Building CampusAlbany, New York 12240-0130(518) 457-5589

� PAYMENT OF WAGES �

If my employer owes me wages, how do I collect this money?You should contact the nearest office of the Division of LaborStandards. The law says that you must receive all wages due youand it authorizes the Division of Labor Standards of the State LaborDepartment to help you collect any wages that you are owed.This applies to all covered workers, including domestics,employees of nonprofit institutions, and executive, administrativeand professional employees who earn $600 a week or less.

What deductions can be made from my wages?No deductions may be made from wages, except:

1. Those required by law such as social securitycontributions and income taxes, and

2. Those which are for the benefit of the employee andwhich are authorized in writing by the employee, suchas payments for insurance premiums, pension benefits,contributions to charitable organizations, U.S. bonds,union dues, and similar payments for the benefit of theemployee.

An employer may not, for example, deduct from a worker’s wagesthe cost of breakage or spoilage of materials. Nor may anemployer make wage deductions in any indirect manner, suchas by requiring a worker to make reimbursement for shortages bymeans of a separate transaction.

Can my employer demand a kickback of any part of my wages, orrequire me to turn over any part of my tip earnings?

No. It is unlawful for your employer, or any other person, todemand or accept any part of your wages as a condition foryou to get or keep your job. It is also unlawful for your employer,or any other person, to demand or accept any part of your tip

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How soon will I get my benefits?If your claim is properly completed with your statement and thedoctor’s statement, you should receive the first payment withinfour business days after the 14th day of disability, or four businessdays after receipt of your claim, whichever is later. Further benefitsare then payable every two weeks while disability continues.If your claim is rejected, you should receive a notice of rejection,form DB-451, within 45 days of the date your claim was filed. Youthen have 26 weeks in which to request a review.

Can I collect disability benefits and unemployment insurance simulta-neously?

No. Disability benefits are paid only while you are disabled andunable to work. Unemployment Insurance is paid only while youare ready, willing and able to work.

Can I collect disability benefits if my disability is caused by or resultsfrom pregnancy?

Yes. If you are disabled because of pregnancy, you may beentitled to up to 26 weeks of benefits.

Who pays for this insurance?Disability benefits are paid in one of two ways: entirely by theemployer, or jointly by employer and employee. If you arecontributing to the cost, your contribution cannot be more than60 cents a week unless you or your union have agreed to higherpayments for additional coverage, or if you are entitled toenriched plan benefits, the employer may seek approval todeduct more than 60 cents per week.

May my employer discharge me if I claim disability benefits?It is unlawful for an employer or the employer’s duly authorized agentto discharge or in any other manner discriminate against an employeeas to employment because the employee has (a) claimed orattempted to claim disability benefits from such an employer, or (b)has testified or is about to testify in a disability benefits proceeding.An employer who violates this law is liable for a penalty of not less


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earnings. (This prohibition does not apply to hat checking.) Forspecial functions such as banquets, however, where a fixedpercentage is added onto a patron’s bill for gratuities, the lawdoes permit the employer to collect the gratuity, which is then tobe distributed among service personnel. Voluntary sharing of tipsby a waiter with a busboy or similar employee is also permitted.

Must I receive equal pay for equal work?Yes. The New York State equal pay law prohibits differentials inpay based on sex. It provides that men and women doing equalwork in the same establishment at jobs requiring equal skill, effort,and responsibility, and which are performed under similar workingconditions, must be paid at the same rate of pay. The law permitsdifferences in wages based on a seniority system, a merit system,a system measuring earnings by quantity or quality of production,or on any factor other than sex.

Does my employer have to pay me every week?Generally, manual workers must be paid weekly, no later thanseven calendar days after the end of the week in which the wageswere earned. However, manual workers employed by a nonprofitorganization must be paid no less frequently than semi-monthly.Under certain conditions, an establishment that has employedan average of one thousand or more employees in New YorkState during the preceding three years (or has employed anaverage of one thousand or more employees in New York Stateduring the preceding one year and has, for the preceding threeyears, employed an average of three thousand or moreemployees outside the state) may apply to the State Departmentof Labor for permission to pay its manual workers no less frequentlythan semi-monthly.

On or before Thursday of each week, railroad employees mustbe paid the wages earned up to the Tuesday of the precedingweek.

Commission salespersons must be paid at least once a month,not later than the last day of the month following the month inwhich the commissions were earned.

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persons engaged in a professional or teaching capacity in or fora religious charitable or educational institution of a “non-profit”character; persons receiving rehabilitation services in a shelteredworkshop operated by such institutions under a certificate issuedby the U.S. Department of Labor; persons receiving aid fromreligious or charitable institutions, who perform work in return forsuch aid; golf caddies, daytime students in elementary orsecondary school, who work part-time during the school year ortheir regular vacation period, corporate officers of non-profiteducational, religious or charitable institutions and one or twocorporate officers who hold all of the offices and own all of thestock of a corporation with no other employees.

How much can I collect under this law?Benefits are half of the employee’s average weekly wage up toa maximum of $170 a week (effective May 1,1989) and arepayable for up to 26 weeks.

Will disability benefits cover my medical expenses?No. Costs of medical care are not included under the law.However, many employer or union plans provide such coverage.

How do I find out whether I am covered and how much I am entitled to?Your employer is required to post a notice that describes thebenefits to which you are entitled. In addition, if you are disabledin excess of seven days, your employer is required to supply youwith a Statement of Rights under the Disability Benefits Law (formDB-271) within five days of your employer’s knowledge that youare disabled.

How do I file for disability benefits?A person who becomes disabled while employed or during thefirst four weeks of unemployment should file claim form DB-450with their employer or the employer’s insurance company. Aperson who becomes disabled after the first four weeks ofunemployment should file claim form DB-1300 with the SpecialFund for Disability Benefits, 100 Broadway, Menands, Albany, NewYork 12241. These forms must be properly made out by both youand your doctor and should be filed within 30 days after youbecome disabled.


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Office workers and all other employees must be paid inaccordance with the agreed terms of employment, but no lessfrequently than semi-monthly.

Does the law say whether I must be paid in cash or by check?Due to changes in the law, employers are no longer required toobtain a permit to pay wages by check. Employers may paytheir workers by check or cash, as they choose. Workers mayrequest to have their wages sent to a banking institutionelectronically as direct deposit.

Does my employer have to give me a wage statement?Yes. All employers must provide their employees with a wagestatement each payday. Generally, the statement must show thehours worked, rates paid, gross wages, deductions, and net wages.Also, employers must furnish a commission salesperson, uponrequest, with a statement of earnings paid or due and unpaid.

Must I be paid for holidays and vacations?Only if your employer has established a policy to grant such pay.Employees are entitled only to those “fringe benefits” (also called“wage supplements”) which their employer has promised toprovide. Wage supplements include, but are not limited to,reimbursement for expenses or tuition and payment for sick time,vacation, personal leave, and holidays.

Under the law, employers must furnish employees with written orposted notice of the wage supplement policy and the hours ofwork.

The State Department of Labor will help you collect any unpaidwage supplements due to you under your employmentagreement.

For more information about wage payments call or write:1. New York State Department of Labor

Division of Labor Standards247 W. 54th St. New York, NY 10019 (212) 621-9334

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May my employer discharge me if I claim Workers’ Compensation benefits?An employer may not discharge or otherwise discriminate againstan employee over the filing of a workers’ compensation claim.An employee who has testified or is about to testify in a workers’compensation proceeding is similarly protected. Violators of thelaw are subject to a penalty of $100 to $500, payable to the statetreasury. In addition, reinstatement, back pay, and also restorationto other privileges the employee would have had but for thediscrimination may be ordered.

The employer may be ordered to pay a fee for the claimant’sattorney or legal representative. A discrimination complaint mustbe filed with the board within two years of the commission of thediscriminatory action.

For further information about workers’ compensation, write:Workers’ Compensation Board20 Park StreetAlbany, New York 12207

Or call for general information: (877) 632-4996

� DISABILITY BENEFITS �

Can I get any insurance benefits while I am sick or disabled by anoff-the-job illness or injury?

Yes. The New York State Disability Benefits Law provides temporarycash benefits to eligible wage earners disabled by injury orsickness that is not work-related.

How do I become eligible for disability benefits?An employee is eligible if he or she is working or has recentlyworked for a “covered” employer for at least four consecutiveweeks. Disability benefits are also provided to an unemploymentclaimant to replace unemployment insurance benefits lostbecause of illness or injury. The law excludes certain categoriesof employees as follows: minor child of the employer, government,railroad, maritime or farm workers, ministers, priests, rabbis,members of religious orders, sextons, Christian Science readers,


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2. New York State Department of LaborDivision of Labor StandardsState Office CampusAlbany, New York 12240-0122(518) 457-5508

� HOURS OF WORK AND MEAL PERIODS �

Are there any restrictions on how many hours I may work, or when Imay work?

Yes, but these restrictions apply only if you are under 18 years ofage. If you are over 18 years of age for general industryemployment, or at least 14 years old for farm work, there are norestrictions on the number of hours you may work, nor are thererestrictions as to how early in the morning, or how late into theevening, you may work. However, in certain industries andoccupations, you must receive 24 consecutive hours of rest ineach calendar week.

Must I be given a lunch period or a rest “break”?If you work a shift of more than six hours starting before 11 a.m.and continuing until 2 p.m., you must be allowed an uninterruptedlunch period of at least half an hour at some point between 11a.m. and 2 p.m. If you work a shift starting before 11 a.m. andcontinuing beyond 7 p.m., you must be allowed an additionalmeal period of at least 20 minutes between 5 p.m. and 7 p.m. Ifyou work a shift of more than six hours starting between 1 p.m.and 6 a.m., you must receive a meal period midway betweenthe beginning and end of your schedule. The employer is notrequired to pay for meal periods.

An employer is NOT obligated to allow “coffee breaks” or otherrest times. However, if you are permitted to take a brief “break”(up to approximately 20 minutes long,) such time should be paidfor as though it were working time.

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� laboratory tests,

� prescribed drugs,

� authorized nursing service, and

� medical or surgical appliances required by the injury.

The worker is free to choose any physician, podiatrist orchiropractor authorized to give medical care by the Workers’Compensation Board. The law also permits treatment of workers’compensation claimants by authorized physicians in theout-patient clinics of hospitals, health maintenance organizations,out-patient hospital burn centers, and community and migranthealth clinics.

Workers who are totally or partially disabled and who are eligiblefor cash benefits receive two-thirds of the average weekly wage,but no more than the benefit maximum set by law. The averageweekly wage is based on payroll records for the year prior to thedate of disability or accident. The benefit maximum for total andpartial disability is the same amount.

How do I file for Workers’ Compensation?An injured worker must report the injury to his or her employerpromptly. This must be done within 30 days after the accident.Workers’ Compensation Board form C-3, Employee’s Claim forCompensation, can be obtained from the nearest board districtoffice. The form should be completed and mailed to that districtoffice and the claim must be filed with the board within two yearsof the date of accident. The injured worker will then be notifiedby mail if any hearings are necessary on the case.

The time limit for claim filing for all occupational diseases, exceptfor loss of hearing, is two years from the date of the disabledworker’s disability or two years from the time the disabled worker(or his or her dependents in case of death), knew or should haveknown that the disease was due to the nature of the employment,whichever is later.


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If you have questions, call or write:1. New York State Department of Labor



� EMPLOYMENT OF MINORS �

At what age is a person permitted to work?The employment of youngsters under the age of 14 (whetherduring school hours or after school, whether during vacations oron holidays) is generally prohibited. There are, however, certainexceptions.

When school attendance is not required:

� minors who are at least 11 years of age are permitted todeliver newspapers, magazines, “penny-savers,” shoppingnewspapers and similar advertising material to homes andbusiness places.

� minors who are at least 12 years of age may assist in thehand harvest of berries, fruits and vegetables if they areaccompanied by, or if they have presented to theemployer the written consent of, their parent or guardian.

� minors who are at least 12 years of age may be employedby their parents on their home farm or at other outdoorwork not connected with any business enterprise.

� minors who are at least 12 years of age may assist a familymember in selling farm produce from their family farm at

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Those who are not covered by the law include;

� clergy and members of religious orders;

� persons employed in certain maritime trades, interstaterailroad employees, Federal government employees andothers covered under Federal workers’ compensation laws,

� persons, including minors, doing yard work or casual choresin and about a one-family, owner-occupied residence(“casual” means occasional, without regularity, foresight, plan,or method.) Coverage is required if the minor handlespowerdriven machinery, including a power lawnmower.

NOTE: The Labor Law sets restrictions on employment ofminors and work to be performed.

� employees of foreign governments;

� New York City police officers, firefighters, and sanitationworkers.

What benefits am I entitled to if injured at work or disabled by anoccupational disease?

The injured worker who is eligible for workers’ compensation isentitled to all necessary medical care as the nature of the injuryor the process of recovery may require. The broad range ofservices available covers:

� medical, osteopathic, dental, podiatric,

� psychological care or treatment,

� physical and occupational therapy,

� chiropractic treatment,

� surgery;

� hospital care,

� x-rays,


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the family’s farm stand or farmers’ market stand if the minorsare accompanied by, or if they have the written consentof, their parent or guardian.

� minors who are at least 12 years of age may be employedas bridge caddies at bridge tournaments.

Special provisions are made for child performers at theatrical,television, or radio performances and for child models.

When are working papers required?Minors under 18, including high school graduates, must obtainworking papers before they may begin work. The law makesexceptions for golf and bridge caddies and baby sitters, for minorsdoing casual household chores, and for minors older than 16engaged in farm work. It also exempts college students 16 yearsof age or over who are employed by a nonprofit college oruniversity or fraternity, sorority, student association, or facultyassociation.

Who issues working papers?The local school system issues working papers; you can get theinformation you need at the office of the school you attend. Ifyou are not attending school, obtain the address of thecertification office from the school nearest your home.

Must I obtain an employment certificate each time I change jobs?Generally, you may use certificates for more than one job in thesame type of work. Employers must keep your certificate on fileat the place of employment and must return it to you when youleave your job.

When may minors 14 years of age and older work?Minors who are 14 years of age or older may be employed afterschool hours, during weekends, on holidays and during vacations.

Does the law set limits on working hours for minors?Yes. When school is in session, minors 14 and 15 years old maynot work more than three hours on a school day, eight hours ona Saturday, Sunday, holiday or other non-school day, or more

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hazards found during the visit. These services are provided free ofcharge.

To obtain such services or for more information about worker safetyor health, call or write:

New York State Department of LaborDivision of Safety and HealthW. Averell Harriman State Office Building CampusAlbany, New York 12240-0100(518) 457-2574

� WORKERS’ COMPENSATION �

What is Workers’ Compensation?The New York State Workers’ Compensation Law provides cashbenefits and medical care for workers who become disabledbecause of an injury or sickiess related to their job. If death results,benefits are payable to the surviving spouse and dependents asdefined by law.

Who is entitled to collect Workers’ Compensation benefits?Those who are covered by the law include:

� workers in all employment conducted for profit;

� employees of counties and municipalities engaged in workdefined by the law as “hazardous”;

� public school teachers, excluding New York City;

� public school aides, including New York City;

� employees of the State of New York, including somevolunteer workers,

� domestic workers employed 40 or more hours per week bythe same employer (which may include full-time sitters orcompanions, and live-in maids);

� farm workers whose employer paid $1,200 or more for farmlabor in the preceding calendar year.


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than 18 hours a week. (However, minors employed as part of asupervised work/study program approved by the State EducationDepartment may work up to a maximum of 23 hours a week,although they may not exceed three hours on a school day andeight hours on a non-school day.) When school is in session, minors14 and 15 years of age may not work before 7 a.m. or past 7 p.m.They may not work more than six days per week.

When school is in session, minors 16 and 17 years old may notwork more than four hours on a day preceding a school day(Mondays, Tuesdays, Wednesdays and Thursdays) and eight hourson Fridays, Saturdays, Sundays, and holidays, for a total of 28hours a week. (Students 16 and 17 years of age enrolled in anapproved Cooperative Education Program may work up to sixhours on Mondays, Tuesdays, Wednesdays and Thursdays, whenschool is in session, as long as the hours are in conjunction withthe program. However, the number of hours worked per weekmay not exceed a total of 28 and the number of hours workedon a Friday, Saturday, Sunday or holiday may not exceed eight.)When school is in session, minors 16 and 17 years of age may notwork before 6 a.m. or past 10 p.m. -- except that they may workup to midnight on a night before a school day if special writtenpermission from the school and a parent has been obtained. Ona night before a non-school day, minors 16 and 17 years of agemay work beyond 10 p.m., until midnight, only if the parent hasgranted special written permission. Generally, minors 16 and 17years old may not work more than six days per week.

During summer vacations and entire weeks when school is not insession, minors 14 and 15 years old may not work more than eighthours a day, six days a week or 40 hours per week. They may notwork before 7 a.m. or after 7 p.m., except that from June 21 toLabor Day they may work up to 9 p.m. (However, junior counselorsand C.I.T.s at summer camps for children are not subject to theselate night or early morning restrictions.)

During summer vacations and entire weeks when school is not insession, minors 16 and 17 years old generally may not work morethan eight hours a day, six days a week or 48 hours per week.They may not work before 6 a.m. or past midnight.

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� places of public assembly

� vvindow cleaning operations

� aerial performers

� certain coin-operated machines

� transparent glass doors

� amusement devices and

� temporary structures at carnivals, fairs, and amusementparks

� bridges and tunnels

� asbestos projects

� certain types of lasers and ionizing radiation

� the possession, storage, and transportation of explosives.

Unless otherwise specified in the code rules, the standards applythroughout New York State.

What is the Labor Department’s role in asbestos projects in New YorkState?

The Labor Department’s asbestos control program protects thepublic during the removal, enclosure, or encapsulation of anyfriable asbestos or the handling of any asbestos-containingmaterial that may result in the release of asbestos fibers. The StateLabor Law requires that employers who participate in asbestosprojects obtain an asbestos-handling license, and that all workersemployed on an asbestos project have an asbestos handler’scertificate. In addition, the law authorizes the department toinspect on-going or completed asbestos projects and to conductinvestigations, either self-initiated or on receipt of a complaint.

Does the State Labor Department have any role in Federal OSHA(Occupational Safety and Health Act) programs?

Under an agreement between the U.S. Labor Department andthe New York State Department of Labor, State inspectors areavailable to employers as consultants on OSHA standards. Uponrequest of an employer, a State consultant will visit the employer’sestablishment, identify conditions which are unsafe and whichviolate Federal standards, and recommend methods of abating


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What kind of work is prohibited to minors?Minors 14 and 15 may work in stores and offices and other places,but not in a factory workroom. They may do delivery or clericalwork in an enclosed office of a factory, and in dry cleaning stores,shoe-repair shops and similar stores. They may mow lawns, doyard work and other household chores. They may not do factorywork, or operate washing, grinding, cutting, slicing, pressing ormixing machinery, or do painting or exterior cleaning inconnection with the maintenance of a building or structure.

Minors 16 and over may do factory work. However, minors under18 are prohibited from working in certain hazardous occupationssuch as those in construction work, or in the operation of certainpower-driven machinery or in the operation of circular saws, oras a helper on a motor vehicle.

The law makes an exception for minors who are apprenticesindividually registered in an Apprenticeship Program registeredwith the Commissioner of Labor or students enrolled in aCooperative Vocational Training Program under a recognizedState or local education authority.

There is also an exception for:� minors 16 and 17 years of age who are enrolled as trainees

in an On-the-Job Training program approved by theCommissioner of Labor, or

� 16- and 17-year-old minors employed in the occupationin which they completed a training program of a non-profit organization (which includes safety instruction andtraining in the use of machinery approved by the Com-missioner of Labor).

For more information about employment of minors, call or write:1. New York State Department of Labor


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� Laws enforced by the Division of Human Rights of the Stateof New York prohibit discrimination based upon race,creed, national origin, age, handicap, gender or maritalstatus.

� Article 16, Section 519 of the Judiciary Law prohibits anemployer from discharging or penalizing an employeebecause of the employee’s absence from work due tojury service.

� In some instances, the jobs of selected governmentalworkers and certain other emmplo9yees may be protectedunder specific “whistle-blower” laws or regulations.

� If the termination does not involve any of the situationsdescribed above, then the employer generally possessesthe right “to hire and fire at will.”

� SAFETY AND HEALTH �

What is the Labor Department’s responsibility for protecting workers onthe job and the general public from safety and health hazards?

The State Labor Law contains sections related to public andoccupational safety and health and gives the State Departmentof Labor responsibility for their enforcement. Included among theseprovisions is the Public Employee Safety and Health Program.Under its provisions, all employees of the State and localgovernments are protected in the workplace by the samestandards promulgated by the U.S. Labor Department’sOccupational Safety and Health Administration (OSHA) for privateindustry.

Other responsibilities of the State Labor Department related topublic and occupational safety and health are contained, forthe most part, in Industrial Code Rules. These are actually safetyand health standards and cover such particular equipment,operations, and facilities as:

� elevators

� mines, sand, gravel, crushed stone and quarry operations

� certain boilers

� ski tows and passenger tramways


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� INDUSTRIAL HOMEWORK ��

What is industrial homework?Industrial homework is manufacturing (making, preparing,altering, repairing, finishing or handling in any way) performed ina home on articles which belong to the employer, or with materialssupplied by the employer, and which are to be returned to theemployer or delivered, mailed or shipped to others. Activitiessuch as inserting, collating, labeling, nesting, sorting, stampingand other similar work are subject to the restrictions placed uponindustrial homework, whereas clerical activities such as typing,stenciling, transcribing, copying, bookkeeping and stenographicwork are not subject to these restrictions.

Can anyone do industrial homework?No. Employers must have permits to distribute homework beforethey employ homeworkers. The homeworker must obtain, throughthe employer, a homeworker’s certificate issued by theCommissioner of Labor. The homeworker must be at least 16 yearsold. Minors between 16 and 18 years of age must also have anEmployment Certificate.

Homes in which industrial homework is to be done may beinspected by representatives of the Commissioner of Labor.Homework is not permitted in any home that is unsanitary or wherethere is an infectious or communicable disease.

Employers who violate the industrial homework law may beassessed a civil penalty of up to $3,000 for each violation.

How can I obtain a certificate to do industrial homework?If you find a job with a firm that holds a current homework permit,the employer can apply for a homeworker’s certificate for you.

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Who enforces the law on employment agencies?The State Labor Department enforces the law throughout the stateexcept in New York City, where the law is enforced by: New YorkCity Department of Consumer Affairs, 42 Broadway, New York, NY10004, (212) 487-4444.

For more information on employment agencies,call or write:New York State Department of LaborDivision of Labor Standards247 W. 54th St.New York, NY 10019(212) 621-9334

Can my employer fire me for any reason?Yes. New York State is an “employment at will” state. Accordingto this principle, unless there is a contract provision that restrictsreasons for termination (such as a collective bargainingagreement or union contract) an employer can discharge or firean employee with or without reasonable cause. This rule alsoprotects the employee’s right to resign from a position withouthaving to justify that decision.

However, there are some exceptions to the doctrine of “employat will.” These include:

� Article 7, Section 201-d of the New York State Labor Lawprohibits an employer from firing an employee for politicalor recreational activities outside of work, for legal use ofconsumable products outside of work, or for membershipin a union.

� Article 7, Section 215 of the New York State Labor Lawstate, in summary, that no employer shall penalize anyemployee because such employee has made a complaintto the employer, to the Commissioner of Labor or to theCommissioner’s representative asserting that the employerhas violated any provision of the Labor Law. Where aviolation of Section 2215 is sustained, the employer issubject to a civil fine and separate civil action by theaffected employee.


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For more information regarding industrial homework, call or write:New York State Department of LaborDivision of Labor Standards247 W. 54th St.New York, NY 10019(212) 621-9334

� GARMENT INDUSTRY �

What labor laws apply to clothing manufacturing?The general sections of the Labor Law apply to clothingmanufacturing. In addition, Article 12A of the Labor Law, which isspecific to the Apparel Industry:

� requires registration of contractors and manufacturers.� empowers the Special Task Force to report safety and

health deficiencies and failure to pay wages or minimumwage.

� allows manufacturers to be held liable jointly withcontractors for wage violations.

� permits intervention by the Special Task Force in Hot Goodscases, where wages have not been paid. Interventionincludes tagging garments as “unlawfully manufactured”and issuing injunctions against violators.

What constitutes a “sweatshop”?Many sewing shops provide good entry-level jobs for recentimmigrants and hard-working people. When these shops operatein an unsafe manner by violating health and safety codes ortake economic advantage of their employees by not payinglegal wages or not paying employees at all, we call themsweatshops. At their worst, these sweatshops employ desperateworkers in fear under abusive conditions.

Sweatshops unfairly compete with good businesses that supportthe local economy. It is important that manufacturers who utilizesewing contractors only give work to registered contractors thatoperate legally.

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is less than the maximum fee. Special termination rates apply topersons brought from outside the continental United States.

Do I pay a fee if I am a domestic worker employed on a day-to-daybasis and am transported to and from the job by the employmentagency?

You are not required to pay any fee. The law covering suchdomestic workers provides for flat sum fees, which are payableonly by your employer. Neither you nor your employer may becharged the cost of transportation.

What special provisions are made for domestic workers brought by anemployment agency from out of state?

The agency must inform such workers in writing, before they cometo New York, of the following:

1. the nature and duties of the job;

2. the wages they may expect to receive;

3. the amount they will have to pay the agency as its fee;

4. the amount they will have to repay for transportation costswhich were advanced;

5. the amount of any other advances or charges they willhave to pay;

6. when they will have to pay the agency fee, transportationcosts and any other advances or charges.

Are there additional protections for out-of-state domestics?Yes. The employment agency may recruit only persons more than18 years of age and must provide, at its own expense, suitablelodging and meals to them for any time they have not beenplaced in jobs during the first 30-day period after they arrive, orprovide transportation for them to return home. For domesticsrecruited from outside the continental United States, somewhatsimilar protections for a 90-day period also include hospitalizationcoverage.


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How are those statutes enforced?In 1987, New York State enacted Article 12A of the Labor Law,which created a Special Task Force for the Apparel Industry. ThisApparel Industry Task Force uses modern technology to targetpossible sweatshops and sends teams of Labor StandardsInvestigators into the field to uncover sweatshops. The investigatorsuse educational and enforcement activities to bring the violatorsinto Labor Law compliance.

Where can I report a suspected violation?Not all sewing shops are sweatshops. However, if you becomeaware that:

� employees in an apparel shop have not been properlypaid,

� the shop employs children under the age of 16,� employees work off the books,� or you observe workers being locked in or working in

unsafe conditions,

you should report these possible violations to the:

Apparel Industry Task Force247 W. 54th St.New York, NY 10019Phone:(212) 621-9318

� EMPLOYMENT AGENCIES �

Is there a State law governing private employment agencies?Yes. State law sets the maximum fees employment agenciesmay charge job applicants and requires such agencies (thosewhich are not employer “fee paid”) to be licensed. The law alsoprohibits agencies from misrepresenting jobs.

What fee must I pay to an employment agency?Fees are based upon the amount of wages and the type of jobyou receive. For example, the maximum fee you may be charged

for an unskilled manual job that does not provide meals forlodging is 10 percent of the first full month’s wages; for an officeor clerical job, the fee ranges from 25 percent to 60 percent,depending upon the amount of the first full month’s wages. Feeschedules must be posted in employment agencies. The law alsorequires that an employment agency give a job applicant a copyof any contract signed by the applicant.

When must I pay the employment agency fee?If the job you receive through an employment agency pays youyour wages on a weekly basis, then the employment agencymay not require you to pay them their fee at a rate greater thanin 10 equal weekly installments payable at the end of the first 10weeks of employment. If you are paid less frequently than weekly,an employment agency may not require you to pay the fee at arate greater than in 5 equal installments payable at the end ofeach of the first 5 pay periods, or within 10 weeks, whicheverperiod is longer.

A domestic worker, who while a resident of a state other thanNew York was recruited by an employment agency, cannot berequired to pay the agency fee, or to repay advances made bythe agency, at a rate greater than in 4 equal installments payableat the end of each of the first 4 weeks of employment.A domestic worker who was recruited from outside of thecontinental United States cannot be required to pay the agencyfee, or to repay advances made by the agency at a rate greaterthan 6 equal installments payable at the end of each of the firstsix months of employment.

An employment agency may require only domestics, untrainedmanual workers and skilled industrial employees to pay a depositor an advance fee.

What fee do I pay if my job does not last?If you lose your job through no fault of yours, the maximum feewill be 10 percent of your total wages. But, if you are dischargedfor cause or quit without good cause, a higher fee of 50 percentof your total earnings may be charged. In no case may you becharged more than the maximum or the sum you agreed to if it

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nys labor law breaks see pg 7

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