Table of Contents:
Workers’ Legal rights Guide. This guide provides fundamental info on the legal rights of workers in New You are able to Condition, sources for more descriptive information and assistance, and recommendations for the best way to best voice your concerns and assert your legal rights at work. We’ve done our very best to provide you with helpful and accurate information within this book, but laws and regulations and operations change frequently. The details are according to both condition and federal law, and it is current by October 2017.
Farm workers generally are handled by exactly the same minimum wage standards mentioned above. There are several exceptions towards the rule, and a few things employers are permitted to subtract from paychecks, including meals and lodging. This can be a complex section of labor regulation for an entire description of farm labor rules, visit here.
- Introduction
- Wages and Hours
- Termination
- Health and Safety
- Your Right to Form a Union
- Family and Medical Leave
- NYS Paid Family Leave
- Discrimination
- Sexual Harassment
- Disability and Accommodation
- Bullying
- Teen Workers
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WNYCOSH was founded in 1979 by labor, environmental, and public health activists. The founding conference was organized to raise public awareness about toxic exposures and illnesses at Love Canal and at the Goodyear plant in Niagara Falls, NY. For over 30 years, WNYCOSH has built a membership base of labor unions, health and safety activists, public health advocates and individuals. WNYCOSH has empowered over 50,000 workers through direct training to identify, evaluate and control hazards, and to create a safer work environment.
Wrongful Termination
Free Consultation – Call (212) 227-7070 – Gerstman Schwartz is dedicated to providing our clients with legal services in Employment and Sexual Harassment cases. Wrongful Termination – New York Employment Lawyer.
Legal Advocacy for the Rights of Employees in New York City and Long IslandAlmost all New York employees are at-will employees. That means that they can be fired for any reason or no reason. It is not required that the employer give a reason. Moreover, there is no recognition in New York for a claim of common law wrongful termination. However, your employer cannot fire you in violation of an employment contract or company policy manual that restricts your employer’s power, in violation of the Constitution, or in violation of an applicable statute, such as an anti-discrimination law or a whistleblower law. If you believe that you were fired illegally, you should consult our New York City wrongful termination lawyers. Wrongful Termination Based on Discrimination or RetaliationEmployers can terminate you for any reason or no reason, unless you are protected under employment discrimination laws, whistleblower laws, or an implied or written employment contract. In New York City, your employer is not entitled to discriminate against you on the basis of your membership in any of multiple protected classes, including race, sex, sexual orientation, disability, age, national origin, pregnancy status, or marital status.
Are Employees Paid for Unused Vacation Time in New York State?
One of the most common employment related questions asked is whether an employer must pay its employees for accrued, unused paid time off (“PTO”) or vacation time in New York State, regardless of whether the employee resigns, provides notice, or is terminated. The short answer is…it depends on t …
This article is intended for general information and educational purposes only and should not be considered legal advice or counsel. The substance of this article is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2021 Regina M. Sarkis, Esq.
Review the Handbook Policy
Generally, if a company in New York State agrees to provide its employees with PTO or vacation time, then the employees must be made aware of such benefits in writing. Most companies provide an employee handbook policy regarding the issue of whether the employee is paid for accrued vacation time after they are terminated or quit. If an employer chooses not to pay employees for earned PTO or vacation time upon termination, then the policy must state that.
New York
Information on legal rights, free legal aid offices, going to court, and other self-help information for low income people in New York State.
The TAA program helps workers who have lost their jobs as a result of foreign trade. The TAA program offers a variety of benefits and services to eligible workers, including job training, income support, job search and relocation allowances, a tax credit to help pay the costs of health insurance, and a wage supplement to certain reemployed trade-affected workers 50 years of age and older.
- Coronavirus (COVID-19) Resources (1)+
- Employment-at-will (1)+
- If you were fired, laid off, or asked to resign (3)+
- Information on TAA (Trade Adjustment Assistance)
- Rapid Response Services for Laid Off Workers
- Your rights as a worker (3)+
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Working with your employer, there are services and resources that can be brought to you, on site at your company prior to your layoff date. These services and resources are part of a program called Rapid Response, which will customize services and resources to your needs and the needs of your company, with a goal of getting you back to work as soon as possible. The Rapid Response team will provide you the means to maintain an income (unemployment insurance), information on health insurance options, access to skills upgrading and training resources, and much more.
N.Y.S. Labor Laws for the Notice of Resignation
Employee’s Rights – New York labor laws do not require an employee to provide any notice to an employer when resigning from a job. Employee contracts or company policies may require employees to follow certain procedures when resigning, including giving a certain amount of notice. In the absence of such guidelines, employees may leave the job when they choose and the employer may not take punitive actions. Required NoticeAs an employment-at-will state, New York allows employers to fire employees for any reason and without notice. Similar terms apply to employees who want to resign from their jobs. While giving a certain amount of notice, such as two weeks, may be a common courtesy, it is legally the employee’s prerogative. Employee’s RightsRegardless of how little notice they provide when resigning, employees must receive payment for any time they have worked since the last payday. New York law requires employers to pay employees any remaining wages by the next payday after their resignation or dismissal.
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References:
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from Professional Issues in Speech-Language Pathology and Audiology, Fifth Edition | |
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from Copyright in a Global Information Economy | |
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from Employment Law Review | |
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from The FIDIC Forms of Contract | |
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from Franchise Opportunities Handbook |
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