Worker Protection in New York State

PROTECT all Workers ASSIST the Unemployed CONNECT Employers and Workers The New York State Department of Labor is an Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request to individuals with disabilities.

1-800-HIRE-992

P10 (8/09)

www.labor.ny.gov

NEW YORK STATE DEPARTMENT OF LABOR

WORKER PROTECTION IN NEW YORK STATE

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. This Apparel Industry Task Force uses moder n technology to tar get possible sweatshops and sends teams of Labor Standards Investigators into the field to uncover sweatshops. The investigators use educational and enforcement activities to bring the violators into Labor Law compliance. Where can I report a suspected violation? Not all sewing shops are sweatshops. However , if you become aware that: employees in an apparel shop have not been properly paid, · 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 Force 75 Varick St., 7th Flr. New York, NY 10013 Phone:(212) 775-3880

· EMPLOYMENT AGENCIES · Is there a State law governing private employment agencies? Yes. State law sets the maximum fees employment agencies may charge job applicants and requires such agencies (those which are not employer“fee paid”) to be licensed. The law also prohibits 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 job you receive. For example, the maximum fee you may be charged

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for an unskilled manual job that does not pr ovide meals for lodging is 10 percent of the first full month’s wages; for an office or clerical job, the fee ranges from 25 percent to 60 percent, depending upon the amount of the first full month’s wages. Fee schedules must be posted in employment agencies. The law also requires that an employment agency give a job applicant a copy of any contract signed by the applicant. When must I pay the employment agency fee? If the job you receive through an employment agency pays you your wages on a weekly basis, then the employment agency may not require you to pay them their fee at a rate greater than in 10 equal weekly installments payable at the end of the first 10 weeks of employment. If you are paid less frequently than weekly, an employment agency may not require you to pay the fee at a rate greater than in 5 equal installments payable at the end of each of the first 5 pay periods, or within 10 weeks, whichever period is longer. A domestic worker, who while a r esident of a state other than New York was recruited by an employment agency, cannot be required to pay the agency fee, or to repay advances made by the agency, at a rate greater than in 4 equal installments payable at the end of each of the first 4 weeks of employment. A domestic worker who was recruited from outside of the continental United States cannot be required to pay the agency fee, or to repay advances made by the agency at a rate greater than 6 equal installments payable at the end of each of the first six months of employment. An employment agency may require only domestics, untrained manual workers and skilled industrial employees to pay a deposit or 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 fee will be 10 percent of your total wages. But, if you are discharged for cause or quit without good cause, a higher fee of 50 percent of your total earnings may be charged. In no case may you be charged more than the maximum or the sum you agreed to if it

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NEW YORK STATE DEPARTMENT OF LABOR

WORKER PROTECTION IN NEW YORK STATE

is less than the maximum fee. Special termination rates apply to persons brought from outside the continental United States. Do I pay a fee if I am a domestic worker employed on a day-to-day basis and am transported to and from the job by the employment agency? You ar e not r equired to pay any fee. The law covering such domestic workers provides for flat sum fees, which are payable only by your employer. Neither you nor your employer may be charged the cost of transportation. What special provisions are made for domestic workers brought by an employment agency from out of state? The agency must inform such workers in writing, before they come to 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 epay r for transportation costs which were advanced; 5. the amount of any other advances or charges they will have to pay; 6. when they will have to pay the agency fee, transportation costs and any other advances or charges. Are there additional protections for out-of-state domestics? Yes. The employment agency may recruit only persons mor e than 18 years of age and must provide, at its own expense, suitable lodging and meals to them for any time they have not been placed in jobs during the first 30-day period after they arrive, or provide transportation for them to r eturn home. For domestics recruited from outside the continental United States, somewhat similar protections for a 90-day period also include hospitalization coverage.

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For more information regarding industrial homework, call or write: New York State Department of Labor Division of Labor Standards 75 Varick St., 7th Flr. New York, NY 10013 (212) 775-3880

· GARMENT INDUSTRY · What labor laws apply to clothing manufacturing? The general sections of the Labor Law apply to clothing manufacturing. In addition, Article 12A of the Labor Law, which is specific to the Apparel Industry: · requires registration of contractors and manufacturers. · empowers the Special T ask Force to report safety and health deficiencies and failure to pay wages or minimum wage. · allows manufactur ers to be held liable jointly with contractors for wage violations. · permits intervention by the Special Task Force in Hot Goods cases, where wages have not been paid. Intervention includes tagging garments as “unlawfully manufactured” and issuing injunctions against violators. What constitutes a “sweatshop”? Many sewing shops pr ovide good entry-level jobs for recent immigrants and hard-working people. When these shops operate in an unsafe manner by violating health and safety codes or take economic advantage of their employees by not paying legal wages or not paying employees at all, we call them sweatshops. At their worst, these sweatshops employ desperate workers in fear under abusive conditions. Sweatshops unfairly compete with good businesses that support the local economy. It is important that manufactur ers who utilize sewing contractors only give work to registered contractors that operate legally.

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NEW YORK STATE DEPARTMENT OF LABOR

WORKER PROTECTION IN NEW YORK STATE

2. New York State Department of Labor Division of Labor Standards State Office Campus Albany, New York 12240-0122 (518) 457-2730

· INDUSTRIAL HOMEWORK · What is industrial homework? Industrial homework is manufacturing (making, preparing, altering, repairing, finishing or handling in any way) performed in a home on articles which belong to the employer , or with materials supplied by the employer, and which are to be returned to the employer or delivered, mailed or shipped to others. Activities such as inserting, collating, labeling, nesting, sorting, stamping and other similar workare subject to the restrictions placed upon industrial homework, whereas clerical activities such as typing, stenciling, transcribing, copying, bookkeeping and stenographic work are not subject to these restrictions. Can anyone do industrial homework? No. Employers must have permits to distribute homework before they employ homeworkers. The homeworker must obtain, through the employer, a homeworker ’s certificate issued by the Commissioner of Labor. The homeworker must be at least 16 years old. Minors between 16 and 18 years of age must also have an Employment Certificate. Homes in which industrial homework is to be done may be inspected by representatives of the Commissioner of Labor . Homework is not permitted in any home that is unsanitary or where there is an infectious or communicable disease. Employers who violate the industrial homework law may be assessed 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 state except in New York City, where the law is enforced by: New o Yrk City Department of Consumer Affairs, 42 Broadway, New York, NY 10004, (212) 487-4444. For more information on employment agencies,call or write: New York State Department of Labor Division of Labor Standards 75 Varick St., 7th Flr. New York, NY 10013 (212) 775-3880

Can my employer fire me for any reason? Yes. New York State is an “employment at will” state. According to this principle, unless there is a contract provision that restricts reasons for ter mination (such as a collective bargaining agreement or union contract) an employer can discharge or fire an employee with or without reasonable cause. This rule also protects the employee’s right to resign from a position without having to justify that decision. However, there are some exceptions to the doctrine of“employ at will.” These include: Article 7, Section 201-d of the New York State Labor Law prohibits an employer from firing an employee for political or recreational activities outside of work, for legal use of consumable products outside of work, or for membership in a union. · Article 7, Section 215 of the New Y ork State Labor Law state, in summary, that no employer shall penalize any employee because such employee has made a complaint to the employer, to the Commissioner of Labor or to the Commissioner’s representative asserting that the employer has violated any provision of the Labor Law. Where a violation of Section 2215 is sustained, the employer is subject to a civil fine and separate civil action by the affected employee. ·

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NEW YORK STATE DEPARTMENT OF LABOR

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Laws enforced by the Division of Human Rights of the State of New Y ork prohibit discrimination based upon race, creed, national origin, age, handicap, gender or marital status. · Article 16, Section 519 of the Judiciary Law prohibits an employer from discharging or penalizing an employee because of the employee ’s absence from work due to jury service. · In some instances, the jobs of selected governmental workers and certain other emmplo9yees may be protected under specific “whistle-blower” laws or regulations. · If the termination does not involve any of the situations described above, then the employer generally possesses the right “to hire and fire at will.” ·

· SAFETY AND HEALTH · What is the Labor Department’s responsibility for protecting workers on the job and the general public from safety and health hazards? The State Labor Law contains sections related to public and occupational safety and health and gives the State Department of Labor responsibility for their enforcement. Included among these provisions is the Public Employee Safety and Health Program. Under its provisions, all employees of the State and local governments are protected in the workplace by the same standards promulgated by the U.S. Labor Department ’s Occupational Safety and Health Administration (OSHA) for private industry. Other responsibilities of the State Labor Department related to public and occupational safety and health are contained, for the most part, in Industrial Code Rules. These are actually safety and 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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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 clerical work in an enclosed office of a factory, and in dry cleaning stores, shoe-repair shops and similar stores. They may mow lawns, do yard work and other household chores. They may not do factory work, or operate washing, grinding, cutting, slicing, pressing or mixing machinery, or do painting or exterior cleaning in connection with the maintenance of a building or structure. Minors 16 and over may do factory work. However , minors under 18 are prohibited from working in certain hazardous occupations such as those in construction work, or in the operation of certain power-driven machinery or in the operation of circular saws, or as a helper on a motor vehicle. The law makes an exception for minors who ar e apprentices individually registered in an Apprenticeship Program registered with the Commissioner of Labor or students enrolled in a Cooperative Vocational Training Program under a r ecognized State 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 the Commissioner of Labor, or ·

16- and 17-year-old minors employed in the occupation in which they completed a training program of a nonprofit organization (which includes safety instruction and training in the use of machinery approved by the Commissioner of Labor).

For more information about employment of minors, call or write: 1. New York State Department of Labor Division of Labor Standards 75 Varick St., 7th Flr. New York, NY 10013 (212) 775-3880

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NEW YORK STATE DEPARTMENT OF LABOR

WORKER PROTECTION IN NEW YORK STATE

than 18 hours a week. (However, minors employed as part of a supervised work/study program approved by the State Education Department may work up to a maximum of 23 hours a week, although they may not exceed three hours on a school day and eight hours on a non-school day.) When school is in session, minors 14 and 15 years of age may not work befor e 7 a.m. or past 7 p.m. They may not work more than six days per week.

· places of public assembly

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

· temporary structures at carnivals, fairs, and amusement parks

During summer vacations and entire weeks when school is not in session, minors 14 and 15 years old may not work more than eight hours a day, six days a week or 40 hours per week. They may not work before 7 a.m. or after 7 p.m., except that from June 21 to Labor Day they may work up to 9 p.m. (However , junior counselors and C.I.T.s at summer camps for children are not subject to these late night or early morning restrictions.) During summer vacations and entire weeks when school is not in session, minors 16 and 17 years old generally may not work more than 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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· vvindow cleaning operations · aerial performers · certain coin-operated machines · transparent glass doors · amusement devices and

· 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 apply throughout New York State. What is the Labor Department’s role in asbestos projects in New York State? The Labor Department’s asbestos control program protects the public during the removal, enclosure, or encapsulation of any friable asbestos or the handling of any asbestos-containing material that may result in the release of asbestos fibers. The State Labor Law requires that employers who participate in asbestos projects obtain an asbestos-handling license, and that all workers employed on an asbestos project have an asbestos handler ’s certificate. In addition, the law authorizes the department to inspect on-going or completed asbestos projects and to conduct investigations, 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 and the New York State Department of Labor , State inspectors are available to employers as consultants on OSHA standards. Upon request of an employer, a State consultant will visit the employer’s establishment, identify conditions which are unsafe and which violate Federal standards, and recommend methods of abating

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NEW YORK STATE DEPARTMENT OF LABOR

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hazards found during the visit. These services are provided free of charge. To obtain such services or for more information about worker safety or health, call or write: New York State Department of Labor Division of Safety and Health W. Averell Harriman State Office Building Campus Albany, New York 12240-0100 (518) 457-2574

· WORKERS’ COMPENSATION · What is Workers’ Compensation? The New York State Workers’ Compensation Law provides cash benefits and medical car e for workers who become disabled because of an injury or sickiess elated r to their job. If death esults, r benefits are payable to the surviving spouse and dependents as defined 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 work defined 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 Y ork, including some volunteer workers, · domestic workers employed 40 or more hours per week by the same employer (which may include full-time sitters or companions, and live-in maids); · farm workers whose employer paid $1,200 or mor e for farm labor in the preceding calendar year.

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the family’s farm stand or farmers’ market stand if the minors are accompanied by, or if they have the written consent of, their parent or guardian. · minors who are at least 12 years of age may be employed as bridge caddies at bridge tournaments. Special provisions are made for child per formers at theatrical, television, or radio performances and for child models. When are working papers required? Minors under 18, including high school graduates, must obtain working papers before they may begin work. The law makes exceptions for golf and bridge caddies and baby sitters, for minors doing casual household chores, and for minors older than 16 engaged in farm work. It also exempts college students 16 years of age or over who are employed by a nonprofit college or university or frater nity, sor ority, student association, or faculty association. Who issues working papers? The local school system issues working papers; you can get the information you need at the office of the school you attend. If you are not attending school, obtain the address of the certification 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 the same type of work. Employers must keep your certificate on file at the place of employment and must return it to you when you leave your job. When may minors 14 years of age and older work? Minors who are 14 years of age or older may be employed after school 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 may not work more than three hours on a school day, eight hours on a Saturday, Sunday, holiday or other non-school day, or mor e

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NEW YORK STATE DEPARTMENT OF LABOR

WORKER PROTECTION IN NEW YORK STATE

If you have questions, call or write: 1. New York State Department of Labor Division of Labor Standards 75 Varick St., 7th Flr. New York, NY 10013 (212) 775-3880 2.

New York State Department of Labor Division of Labor Standards State Office Campus Albany, New York 12240-0122 (518) 457-2730

· EMPLOYMENT OF MINORS · At what age is a person permitted to work? The employment of youngsters under the age of 14 (whether during school hours or after school, whether during vacations or on holidays) is generally prohibited. There are, however, certain exceptions. When school attendance is not required: · minors who are at least 11 years of age are permitted to deliver newspapers, magazines, “penny-savers,” shopping newspapers and similar advertising material to homes and business places.

Those who are not covered by the law include; · clergy and members of religious orders; · persons employed in certain maritime trades, interstate railroad employees, Federal government employees and others covered under Federal workers’ compensation laws, · persons, including minors, doing yard work or casual chores in and about a one-family, owner-occupied residence (“casual” means occasional, without regularity, foresight, plan, or method.) Coverage is required if the minor handles powerdriven machinery, including a power lawnmower.

NOTE: The Labor Law sets restrictions on employment of minors and work to be performed. · employees of foreign governments; · New York City police of ficers, fir efighters, and sanitation workers. What benefits am I entitled to if injured at work or disabled by an occupational disease? The injured worker who is eligible for workers ’ compensation is entitled to all necessary medical care as the nature of the injury or the pr ocess of r ecovery may requir e. The br oad range of services available covers: · medical, osteopathic, dental, podiatric,

· minors who are at least 12 years of age may assist in the hand harvest of berries, fruits and vegetables if they are accompanied by, or if they have pr esented to the employer the written consent of, their parent or guardian.

· psychological care or treatment,

· minors who are at least 12 years of age may be employed by their parents on their home far m or at other outdoor work not connected with any business enterprise.

· surgery;

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

·

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· physical and occupational therapy, · chiropractic treatment,

· hospital care, x-rays,

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NEW YORK STATE DEPARTMENT OF LABOR

WORKER PROTECTION IN NEW YORK STATE

· laboratory tests,

2.

· prescribed drugs, · authorized nursing service, and

New York State Department of Labor Division of Labor Standards State Office Campus Albany, New York 12240-0122 (518) 457-2730

· medical or surgical appliances required by the injury. The worker is free to choose any physician, podiatrist or chiropractor authorized to give medical car e by the W orkers’ Compensation Board. The law also permits treatment of workers’ compensation claimants by authorized physicians in the out-patient clinics of hospitals, health maintenance organizations, out-patient hospital burn centers, and community and migrant health clinics. Workers who are totally or partially disabled and who ar e eligible for cash benefits receive two-thirds of the average weekly wage, but no more than the benefit maximum set by law. The average weekly wage is based on payroll records for the year prior to the date of disability or accident. The benefit maximum for total and partial disability is the same amount. How do I file for Workers’ Compensation? An injured worker must report the injury to his or her employer promptly. This must be done within 30 days after the accident. Workers’ Compensation Board for m C-3, Employee’s Claim for Compensation, can be obtained from the nearest board district office. The form should be completed and mailed to that district office and the claim must be filed with the boar d within two years of the date of accident. The injured worker will then be notified by mail if any hearings are necessary on the case. The time limit for claim filing for all occupational diseases, except for loss of hearing, is two years from the date of the disabled worker’s disability or two years from the time the disabled worker (or his or her dependents in case of death), knew or should have known that the disease was due to the nature of the employment, whichever is later.

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· HOURS OF WORK AND MEAL PERIODS · Are there any restrictions on how many hours I may work, or when I may work? Yes, but these restrictions apply only if you are under 18 years of age. If you are over 18 years of age for general industry employment, or at least 14 years old for farm work, there are no restrictions on the number of hours you may work, nor are there restrictions as to how early in the morning, or how late into the evening, you may work. However , in certain industries and occupations, you must receive 24 consecutive hours of rest in each 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 uninterrupted lunch period of at least half an hour at some point between 11 a.m. and 2 p.m. If you work a shift starting before 11 a.m. and continuing beyond 7 p.m., you must be allowed an additional meal period of at least 20 minutes between 5 p.m. and 7 p.m. If you work a shift of more than six hours starting between 1 p.m. and 6 a.m., you must receive a meal period midway between the beginning and end of your schedule. The employer is not required to pay for meal periods. An employer is NOT obligated to allow “coffee breaks” or other rest times. However, if you are permitted to take a brief “break” (up to approximately 20 minutes long,) such time should be paid for as though it were working time.

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NEW YORK STATE DEPARTMENT OF LABOR

WORKER PROTECTION IN NEW YORK STATE

Office workers and all other employees must be paid in accordance with the agreed terms of employment, but no less frequently 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 to obtain a permit to pay wages by check. Employers may pay their workers by check or cash, as they choose. W orkers may request to have their wages sent to a banking institution electronically as direct deposit. Does my employer have to give me a wage statement? Yes. All employers must provide their employees with a wage statement each payday. Generally, the statement must show the hours worked, rates paid, gross wages, deductions, and net wages. Also, employers must furnish a commission salesperson, upon request, 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 to provide. W age 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 or posted notice of the wage supplement policy and the hours of work. The State Department of Labor will help you collect any unpaid wage supplements due to you under your employment agreement. For more information about wage payments call or write: 1. New York State Department of Labor Division of Labor Standards 75 Varick St., 7th Flr. New York, NY 10013 (212) 775-3880

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May my employer discharge me if I claim Workers’ Compensation benefits? An employer may not discharge or otherwise discriminate against an 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 the law are subject to a penalty of $100 to $500, payable to the state treasury. In addition, reinstatement, back pay, and also restoration to other privileges the employee would have had but for the discrimination may be ordered. The employer may be ordered to pay a fee for the claimant’s attorney or legal representative. A discrimination complaint must be filed with the board within two years of the commission of the discriminatory action. For further information about workers’ compensation, write: Workers’ Compensation Board 20 Park Street Albany, 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 an off-the-job illness or injury? Yes. The New York State Disability Benefits Law provides temporary cash benefits to eligible wage ear ners disabled by injury or sickness 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 recently worked for a “covered” employer for at least four consecutive weeks. Disability benefits are also provided to an unemployment claimant to replace unemployment insurance benefits lost because of illness or injury. The law excludes certain categories of employees as follows: minor child of the employer , government, railroad, maritime or far m workers, ministers, priests, rabbis, members of religious orders, sextons, Christian Science readers,

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NEW YORK STATE DEPARTMENT OF LABOR

WORKER PROTECTION IN NEW YORK STATE

persons engaged in a professional or teaching capacity in or for a religious charitable or educational institution of a “non-profit” character; persons receiving rehabilitation services in a sheltered workshop operated by such institutions under a certificate issued by the U.S. Department of Labor; persons receiving aid from religious or charitable institutions, who perform work in return for such aid; golf caddies, daytime students in elementary or secondary school, who work part-time during the school year or their regular vacation period, corporate of ficers of non-profit educational, religious or charitable institutions and one or two corporate officers who hold all of the offices and own all of the stock 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 to a maximum of $170 a week (ef fective May 1,1989) and ar e payable for up to 26 weeks. Will disability benefits cover my medical expenses? No. Costs of medical car e 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 r equired to post a notice that describes the benefits to which you are entitled. In addition, if you are disabled in excess of seven days, your employer is required to supply you with a Statement of Rights under the Disability Benefits Law (for m DB-271) within five days of your employer’s knowledge that you are disabled. How do I file for disability benefits? A person who becomes disabled while employed or during the first four weeks of unemployment should file claim for m DB-450 with their employer or the employer’s insurance company. A person who becomes disabled after the first four weeks of unemployment should file claim for m DB-1300 with the Special Fund for Disability Benefits, 100 Broadway, Menands, Albany, New York 12241. These forms must be properly made out by both you and your doctor and should be filed within 30 days after you become disabled.

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earnings. (This prohibition does not apply to hat checking.) For special functions such as banquets, however , where a fixed percentage is added onto a patron’s bill for gratuities, the law does permit the employer to collect the gratuity, which is then to be distributed among service personnel. Voluntary sharing of tips by 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 in pay based on sex. It provides that men and women doing equal work in the same establishment at jobs requiring equal skill, effort, and responsibility, and which are performed under similar working conditions, must be paid at the same rate of pay. The law per mits differences 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 than seven calendar days after the end of the week in which the wages were earned. However, manual workers employed by a nonprofit organization must be paid no less frequently than semi-monthly. Under certain conditions, an establishment that has employed an average of one thousand or more employees in New Y ork State during the preceding three years (or has employed an average of one thousand or more employees in New York State during the preceding one year and has, for the preceding three years, employed an average of three thousand or more employees outside the state) may apply to the State Department of Labor for permission to pay its manual workers no less fr equently than semi-monthly. On or before Thursday of each week, railroad employees must be paid the wages earned up to the Tuesday of the preceding week. Commission salespersons must be paid at least once a month, not later than the last day of the month following the month in which the commissions were earned.

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NEW YORK STATE DEPARTMENT OF LABOR

WORKER PROTECTION IN NEW YORK STATE

For additional information write to: New York State Department of Labor Bureau of Public Work W. Averell Harriman State Office Building Campus Albany, 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 near est office of the Division of Labor Standards. The law says that you must receive all wages due you and it authorizes the Division of Labor Standards of the State Labor Department to help you collect any wages that you are owed. This applies to all covered workers, including domestics, employees of nonprofit institutions, and executive, administrative and 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 security contributions and income taxes, and 2. Those which are for the benefit of the employee and which are authorized in writing by the employee, such as payments for insurance premiums, pension benefits, contributions to charitable organizations, U.S. bonds, union dues, and similar payments for the benefit of the employee. An employer may not, for example, deduct fr om a worker’s wages the cost of breakage or spoilage of materials. Nor may an employer make wage deductions in any indirect manner, such as by requiring a worker to make e r imbursement for shortages by means of a separate transaction. Can my employer demand a kickback of any part of my wages, or require me to turn over any part of my tip earnings? No. It is unlawful for your employer , or any other person, to demand or accept any part of your wages as a condition for you 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 the doctor’s statement, you should receive the first payment within four business days after the 14th day of disability, or four business days after receipt of your claim, whichever is later . Further benefits are 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.ou Y then have 26 weeks in which to request a eview. r Can I collect disability benefits and unemployment insurance simultaneously? No. Disability benefits are paid only while you are disabled and unable to work. Unemployment Insurance is paid only while you are ready, willing and able to work. Can I collect disability benefits if my disability is caused by or results from pregnancy? Yes. If you are disabled because of pregnancy, you may be entitled to up to 26 weeks of benefits. Who pays for this insurance? Disability benefits are paid in one of two ways: entirely by the employer, or jointly by employer and employee. If you are contributing to the cost, your contribution cannot be more than 60 cents a week unless you or your union have agreed to higher payments for additional coverage, or if you ar e entitled to enriched plan benefits, the employer may seek approval to deduct 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 agent to discharge or in any other manner discriminate against an employee as to employm ent because the employee has (a) claimed or attempted 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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NEW YORK STATE DEPARTMENT OF LABOR

WORKER PROTECTION IN NEW YORK STATE

than $100 or more than $500 to be deter mined by the W orkers’ Compensation Board. The employee so discriminated against shall be restored to employment, and shall be compensated by the employer for any loss of wages arising out of such discrimination, provided such employee is qualified to per form the duties of employment. For more information about New York State Disability Benefits, write: Disability Benefits Bureau Workers’ Compensation Board 100 Broadway Albany, New York 12241 Or call (518) 474-6681 How do I find out about my rights under the Family Medical Leave Act? The Family Medical Leave act is administered by the U.S. Department of Labor. For more information contact the Wage and Hour Division of USDOL listed in the blue pages of your local phone directory.

· LABOR RELATIONS · Does the State Employment Relations Board mediate labor disputes? Yes. The State Employment Relations Board offers its services to labor and management in resolving labor disputes through mediation and arbitration. The board maintains offices in New York City, Albany, Syracuse, and Buffalo. Do employees have the right to join unions? Yes. The State Labor Relations Act guarantees employees the right to form, join, or assist labor organizations, and to bargain collectively with their employers through representatives of their own choosing, usually through elections conducted by the State Employment Board. Are employees who exercise this right protected by law? Yes. It is unlawful for an employer to discriminate against employees who exercise their rights, or for the employer otherwise

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· PREVAILING WAGE RATE · What is meant by the prevailing wage rate? This term (rather than minimum wage) describes wage and fringe benefits paid to workers employed on certain public work projects, such as construction of public roads and public buildings. They must receive at least the wage rate and fringe benefits of workers in the same trade or occupation in that area. The prevailing wage rate is established by collective bargaining agreements between bona fide labor unions and employers of the private sector in the locality where the work is to be done. What is meant by public work? Public work means construction work on projects for a government agency, including the State, cities, counties, towns, villages, water districts, school districts, and any agency, commission, or authority created by the laws of New Y ork 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 list of occupations and wage rates in a prominent place on the job site. You may check the rate you are receiving against the rate shown on the schedule for your occupation. When can an employer pay an apprenticeship rate? Only employees who are individually registered as apprentices with the Commissioner of Labor may be classified as apprentices and 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, such as building cleaners, watchmen, guards and porters, employees who collect garbage, and employees who transport office furniture and equipment. It also covers employees who deliver fuel oil. These employees must be paid the prevailing wages and fringe benefits if they work on State or local government projects in excess of $1,500. In the case of a city contract, the city comptroller (or equivalent) administers the law.

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NEW YORK STATE DEPARTMENT OF LABOR

WORKER PROTECTION IN NEW YORK STATE

ministers and members of religious orders; government employees (except certain non-teaching employees employed by a school district or board of cooperative educational services); volunteers, learners,apprentices and students, if working in nonprofit institutions. There are certain other minor exceptions. If I am covered by the Federal minimum wage law, does the State law apply to me? Yes. While the Division of Labor Standards enforces the New York State Minimum Wage Act and its regulations, the Wage and Hour Division of the United States Department of Labor (USDOL) enforces the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). In situations where both the state and federal governments have jurisdiction, that coverage which yields the higher 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 for workers who have not received the minimum wage required by law. If you have questions, call or write: 1. New York State Department of Labor Division of Labor Standards 75 Varick St., 7th Flr. New York, NY 10013 (212) 775-3880

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 substantiallyininterstatecommercewhichareregulatedbytheNational 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 Fl. Albany, NY 12223 (518) 474-7724

State Office Building, Rm. 410 65 Court Street Buffalo, NY 14202 (716) 847-7160

86 Chambers St., Suite 201 New York, NY 10007 (212) 352-6242

2. New York State Department of Labor Division of Labor Standards W. Averell Harriman State Office Bldg. Campus Albany, New York 12240-0122 (518) 457-2730

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NEW YORK STATE DEPARTMENT OF LABOR

WORKER PROTECTION IN NEW YORK STATE

MINIMUM WAGE What is the New York State Minimum Wage? For most employees covered under Article 19, the Minimum Wage Act of the New York State Labor Law, the basic minimum wage is $7.25 per hour as of July 24, 2009. This basic rate may, however, be by certain requirements within a set of regulations known as a “Wage Order,“ which is relevant to a particular industry or occupation. A Wage Order may, in some instances, provide for a special split shift rate or an excessive spread of hours rate. It may also include a daily call-in pay provision, a distinct part-time rate and/or an allowance for the maintenance of required uniforms. Any future increase in the federal wage will result in an increase in the state’s minimum wage. Must I be paid at a special rate if I work overtime? Employers are required to pay covered employees who work overtime (over 40 hours in a payroll week for non-residential employees and over 44 hours in a payroll week for residential employees) at a rate that is one and one half times the employee’s regular (non-overtime) hourly rate of pay. Are tips and meals part of the minimum wage? Yes. But only in and occupations. Regarding food service workers, for example, a “tip allowance” of $2.55 per hour results in a minimum “cash wage” of $4.65 per hour. Allowances for meals also may apply. Are all workers in New York State covered by the minimum wage requirements? 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 include housework; executives, administrators and professionals; outside salespersons; taxicab drivers;

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