Workers in New York generally fall into two categories: employees or independent contractors.

New York is an “employment-at-will” state. If there is no contract to restrict termination of employment, an employer has the right to discharge an employee at any time for any reason, so long as it is not an illegal reason (as set forth below). Employers should communicate to employees their at-will status. Employers can enter into written, fixed-term contracts with employees.

The “essential elements of an effective employment contract consist of the identity of the parties, the terms of employment, which include the commencement date, the duration of the contract and the salary.” Elite Tech. N.Y. Inc. v. Thomas, 70 A.D.3d 506, 507 (1st Dept. 2010). Ordinary contract principals also apply.

Part-time employees are generally afforded the same rights as full-time employees. There may be instances that part-time employees do not meet the eligibility requirements under company policies, state or federal laws or benefit plans. For example, employees who work less 20 hours per week are eligible for leave under the New York Paid Family Leave Law after working 175 days, which do not need to be consecutive, unless they qualify for and have executed a waiver. In New York City, private-sector full-time and part-time employees performing work in New York City are eligible to accrue paid safe/sick leave under the New York City Earned Safe and Sick Time Act so long as they are covered by the law.

Yes. The agreement must include language that evidences an intent that the agreement is assignable. See Archer Worldwide, Inc. v. Mansback, 289 A.D.2d 349, (2nd Dept. 2001).

In general, employees do not have any rights to object when the company they work for is transferred as a going concern. Severance pay and supplemental unemployment benefits are not mandated by state law.

In addition to the federal WARN Act, the New York State Worker Adjustment and Retraining Notification Act requires businesses to give early warning of closing and layoffs. Businesses must give notice to: (1) all affected employees; (2) any employee representative(s); (3) the New York State Department of Labor ("DOL"); and (4) the Local Workforce Investment Board ("LWIB"); (5) the chief elected official of the unit or units of local government where the site of employment is located; (6) the school district or districts where the site of employment is located, and; (7) each locality that provides police, firefighting, emergency medical or ambulance services, or other emergency services, to the locale where the site of employment is located. A covered business must provide all employees with notice 90 days prior to a: (1) plant closing; (2) mass layoff; (3) relocation; or (4) other covered reduction in work hours. If an employer fails to provide notice, it may be required to pay back wages and benefits to workers and/or pay a civil penalty. An employer may qualify for an exception to the 90-day notice period requirement if they face a qualifying unforeseeable business circumstance such as a public health emergency, including but not limited to a pandemic that results in a sudden and unexpected closure but must submit requests for such exception.

The New York WARN Act applies to private businesses with 50 or more full-time workers in New York State or businesses with 50 or more employees in New York, including part-time employees, who work in the aggregate at least 2,000 hours per week. Full-time remote employees based at the employment site are included in assessing whether the employer meets the fifty-employee threshold.  The New York WARN Act covers: (1) closings affecting 25 or more workers; (2) mass layoffs involving 25 or more full-time workers (if the 25 or more workers make up at least 33% of all the workers at the site); (3) mass layoffs involving 250 or more full-time workers; (4) certain other relocations and covered reductions in work hours.

If there is no binding employment contract or collective bargaining agreement, an employer has the right to change the terms and conditions of employment at any time for any reason, provided it is not an unlawful reason or the situations set forth below.

For retail and fast food workers in New York City, employers must give advance notice of an employee’s scheduling change pursuant to N.Y.C. Admin. Code §§ 20-1201 et seq. If the notice of certain scheduling changes is not timely, the employer may be required to pay a premium to the employee.

For retail workers in New York City not subject to a collective bargaining agreement, employers: (1) must provide 72 hours’ advance notice of an employee’s work schedule; (2) must not request “on-call” shifts or “call-in shifts” from employees within 72 hours of the start of the shift; (3) must not add shifts to an employee’s work schedule with less than 72 hours’ notice without the employee’s consent and; (4) must not cancel a shift with less than 72 hours’ notice unless certain special circumstances apply (i.e., threats to worker safety or employer property, public utility failure, shutdown of public transportation, natural disasters, or a government-declared state of emergency). Retail businesses are required to comply if they operate one or more retail business in New York City, have 20 or more employees, and engage primarily in the sale of consumer goods at one or more stores in New York City.

For fast food workers in New York City, employers: (1) must give 14 days’ advance notice to the employee of their work schedule; (2) must make a good-faith estimate of the employee's schedule and provide the employee with their regular and first work schedules on or before their first day of work; (3)  must pay a $100 premium for employees who close a business location and then open that location the following day and; (4) must pay premium pay (between $10-$75)  for each schedule change by the employer with less than 14 days’ notice. Premium pay is not required under certain circumstances (i.e., employer closes due to threats to worker safety or employer property, public utility failure, natural disasters) or when the employee requests a schedule change in writing or trades shifts with another employee. Fast food workers are workers at fast food establishments in New York City who perform at least one of several functions including but not limited to cleaning, cooking, customer service, delivery, security, or stocking supplies or equipment.

New York is an “employment-at-will” state. If there is no employment contract or collective bargaining agreement to restrict termination of employment, an employer has the right to discharge an employee at any time for any lawful reason, or for no reason. This also protects the employee’s right to resign at any time at any time without the need to explain or defend that decision or to provide notice.

Fast-food chains with at least 30 locations nationally are prohibited from terminating workers in New York City who have completed their probation period (no more than 30 days) or reducing hours by 15 % or more, absent “just cause” or a “bona fide economic reason” pursuant to N.Y.C Admin. Code § 20-1272(a).  See below.

If there is no contract to restrict termination of employment, an employer has the right to discharge an at-will employee at any time for any lawful reason. An employee who successfully challenges his or her termination due to a violation of law (e.g., New York’s anti-discrimination statute) may pursue damages available under such statute, which may include reinstatement, back pay, front pay, compensatory damages, emotional distress, punitive damages, attorneys’ fees, and interest.

New York City fast-food businesses with 30 or more locations nationally are prohibited from terminating (after the probationary period) or substantially reducing the hours of an employee without “just cause” or absent a “bona fide economic reason.” Fast-food employees subject to wrongful discharge under N.Y.C. Admin. Code §§ 20-1201 et seq. may file civil actions, arbitration proceedings or proceedings by the corporation counsel of the New York City Law Department (in case of a pattern of violations under the Local Laws) against the employer. Relief for prevailing employees may include reinstatement of employment, restoration of previous work schedule, attorney’s fees, as well as a fine against the employer per violation and payment of back pay for loss of pay or benefits resulting from wrongful discharge.

Pursuant to the New York Labor Law ("NYLL") § 215, an employer shall not take an adverse employment action against any employee because: (i) the employee complained to the employer or a state agency about conduct the employee, reasonably and in good faith, believes to violate the law; (ii) the employer believes the employee made such a complaint; (iii) the employee initiated a proceeding against the employer; (iv) the employee has provided information to a state agency; (v) the employee has testified or will testify in a proceeding or investigation against the employer; (vi) the employee has exercised other rights protected by the NYLL; or (vii) the employer received an adverse determination from a state agency that involved the employee.

Pursuant to the New York Labor Law § 740(2)–(3)), an employer shall not take any retaliatory personal action against an employee if the employee does any of the following: discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer that is in violation of law, rule or regulation which violation creates and presents a substantial and specific danger to the public health or safety, or which constitutes health care fraud; provides information to, or testifies before, any public body conducting an investigation, hearing, or inquiry into any such violation of law, rule, or regulation by such employer; or objects to, or refuses to participate in any such activity, policy, or practice in violation of a law, rule, or regulation or such activity, policy, or practice that the employee reasonably believes is a violation of a law, rule, or regulation or poses a substantial and specific danger to the public health or safety. An employee must make a good faith effort to bring the violation of the law, rule, or regulation to the attention of a supervisor of the employer and afford a reasonable opportunity for the employer to take corrective action. However, employer notification is not required if there is an imminent and serious threat to public health and safety; the employee reasonably believes it will result in the destruction of evidence or concealment of the activity;  the practice or activity could reasonably be expected to endanger a minor; the employee reasonably believes physical harm may occur if there is prior notification; or the employee reasonably believes the supervisor is already aware of the  practice or activity and will not correct the practice or activity if reported.

The New York State Human Rights Law (“NYSHRL”), New York City Human Rights Law (“NYCHRL”), as well other statutes (sick leave, family leave, labor law) provide additional protection against retaliation.

The New York employees do not have a general right to privacy in the workplace. Clark v. Elam Sand & Gravel, Inc., 4 Misc.3d 294 (Sup. Ct. 2004). However, several laws provide privacy protections to employees under certain circumstances.

The New York Eavesdropping Law, N.Y. Penal Law §§ 250.00 to 250.05 prohibits, among others, private employers from wiretapping, mechanical recording, and/or intercepting or accessing electronic communications of employees. There is no private cause of action for employees.

The Employee Privacy Protection Act, N.Y. Labor Law § 203-c prohibits an employer from video recording employees in restrooms, locker rooms, or other designated areas employees change clothes, unless permitted by Court order. An employee may bring a private cause of action for damages, attorneys’ fees and costs, and/or injunctive relief.

The New York Labor Law §203-d requires that employers prevent unlawful disclosures of employee personal identifying information. The personal identifying information may not be posted, displayed, or otherwise communicated to the general public. Personal identifying information under New York law includes but is not limited to the following: (1) Social Security numbers; (2) home address or telephone numbers; (3) personal e-mail addresses; (4) internet user IDs and passwords; (5) driver’s license numbers; and (6) parents’ last names prior to marriage. Employers could receive a civil penalty up to $500 for any knowing violation. The law does not address whether an employee has a private cause of action and this is still an open question. See Sackin v. Transperfect Global, Inc., 278 F.Supp. 3d 739 (S.D.N.Y. 2017).

The New York Labor Law §201-a prohibits fingerprinting as a condition of securing or continuing employment, except for state or municipal employees and employees of hospitals or medical colleges affiliated with hospitals.

The New York Civil Rights Law § 52-c requires private employers in New York state who engage in monitoring or intercepting electronic communications of their employees to provide advance notice at hiring of the types of electronic monitoring that will occur. The law covers monitoring or intercepting telephone conversations or transmissions, email and other electronic transmissions, and internet access and usage.  Employers must also post the notice of electronic monitoring in a conspicuous place that is readily available for viewing by its employees who are subject to electronic monitoring.

The New York General Business Law § 395-b makes it unlawful for an employer to install, maintain, or knowingly permit any viewing devices (i.e., two-way mirror, peep hole) or a video recording device to observe private areas, such as a bathroom or shower. Employees do not have a private cause of action pursuant to the law but the underlying conduct may provide a basis for a private tort action (i.e., negligent infliction of emotional distress). See Hering v. Lighthouse, LLC, 21 A.D.3d 449 (2d Dept. 2005).

Effective March 12, 2024, pursuant to A00836/S02518A, New York employers will be prohibited from requesting or requiring employees or job applicants to: (1) disclose their user names, passwords, or login information to social media or other personal electronic communication accounts; (2) access their personal accounts in the presence of the employer; or (3) reproduce any posts, including photographs, videos, or other information, from personal accounts.

Employers reliance or access to employee or applicant criminal history is limited and regulated under a variety of laws including Article 23-A of the New York Corrections Law, the New York City Fair Chance Act and the Clean Slate Act, S7551A (effective November 16, 2024). 

The New York State Human Rights Law ("N.Y. Exec. § 296") prohibits discrimination in employment against any person on the basis of race, color, creed, age, national origin, alienage or citizenship status, gender (including gender identity and sexual harassment), sexual orientation, disability, marital status, predisposing genetic characteristics, familial status, domestic violence victim status, or military status. In addition, the law affords protection against discrimination in employment based on arrest or conviction records and status as a victim of domestic violence, stalking, and sex offenses. Race discrimination includes discrimination against traits historically associated with race, including but not limited to, hair texture and protective hairstyles. (N.Y. Exec. § 292) The law also covers a person’s spouse, partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers, and customers. The law also protects against harassment based on any of these characteristics, requires certain reasonable accommodations and prohibits retaliation for those who oppose practices or file a complaint, testify or assist in a proceeding under this law. The law provides for individual liability. 

The New York City Human Rights Law ("N.Y.C. Admin. Code § 8-107") prohibits discrimination in employment against any person on the basis of age, race, creed, color, national origin, gender, disability, marital status, partnership status, caregiver status, sexual and reproductive health decisions, sexual orientation, uniformed service or alienage or citizenship status. The New York City Human Rights Law also protects the rights of New York employees to maintain natural hair or hairstyles that are closely associated with their racial, ethnic, or cultural identities, including but not limited to, locs, braids, and afros. The law also protects against harassment based on any of these characteristics, requires certain reasonable accommodations and prohibits retaliation for those who oppose practices or file a complaint, testify or assist in a proceeding under this law. The law provides for individual liability. 

Pursuant to New York City Admin. Code § 8-101, New York City employers are also prohibited from discriminating against applicants and employees based on their height or weight.

Both New York State and City law (See N.Y. Labor Law § 206-C. and N.Y.C. Admin. Code § 8-107(22)) set forth additional requirements for lactation accommodations in the workplace.

On May 5, 2020, the New York City Commission on Human Rights (the “Commission”) issued guidance identifying actual or perceived infections with COVID-19 as a disability under the New York City Human Rights Law (“NYCHRL”). 

Under Section 203-e of the New York State Labor law, New York State prohibits employment discrimination based on an employee’s or an employee’s dependent’s “reproductive health decision making”, “including, but not limited to, the decision to use or access a particular drug, device or medical service.” The law contains specific requirements.

Article 23-A of the New York Corrections Law and the New York City Fair Chance Act provide restrictions on the use of prior criminal convictions in connection with employment decisions.

New York does not provide statutory vacation rights. Accrual, use and/or payout of vacation following termination of employment is governed by employer policy.

The New York State Paid Sick Leave Law (“NYSPSLL”) and the New York City Earned Safe and Sick Time Act (“ESSTA”) require employers to provide certain time off for employees’ own medical care (including illness or preventive care) or for that of a family member. Both laws also require use of this leave to cover absences resulting from an employee or an employee’s eligible family member being the victim of a family offense, sexual offense, stalking or human trafficking. Additional reasons for leave are also detailed in the laws. Westchester County also has its own sick leave law similar to ESSTA.

The amount of sick leave that must be provided to a New York employee is determined by an employer’s size and net income in a given calendar year. As of February 2024, the amount of sick leave is as follows:

• Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year.
• Employers with 5 to 99 employees must provide up to 40 hours of paid sick leave per calendar year.
• Employers with 4 or fewer employees and net income of greater than $1 million in the previous tax year are required to provide up to 40 hours of paid sick leave per calendar year.
• Employers with 4 or fewer employees and net income is $1 million or less in the previous tax year are required to provide up to 40 hours of unpaid sick leave per calendar year.

Significant changes to New York City law were implemented effective October 15, 2023.

Additionally, since March 18, 2020, New York employers must also comply with the New York COVID-19 Sick Leave Law (“NYCSLL”), which provides additional leave for New York employees while ordered to quarantine or remain in isolation. The amount of leave depends on employer size.

Employees who are absent due to illness or an off-the-job injury for an extended period of time may also be entitled to a portion of their salary under the temporary disability benefits plan provided by the state. Employers must obtain a disability benefits insurance policy or, if large enough, may apply to the New York State Workers’ Compensation Board to self-insure.

The New York Paid Family Leave Law requires employers with at least one employee to provide up to 12 weeks of job-protected leave for “qualifying events,” which include: 1) the birth, adoption, or foster placement of a child; 2) the need to care for a spouse, domestic partner, child, sibling, parent, parent-in-law, grandparent, or grandchild with a serious health condition; and 3) when a spouse, child, domestic partner, or parent is on or is called to active military duty. Full time employees who work a regular schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment. Part-time employees who work a regular schedule of less than 20 hours per week are eligible after working for 175 days, which do not need to be consecutive. Employees are entitled to 12 weeks of paid leave in a 52-week period. The law is entirely employee-funded through payroll deductions.

New York courts will enforce restrictive covenants, including non-competition and non-solicitation provisions.  These covenants are scrutinized and enforceable only to the extent that they are reasonable in geography, duration and scope, necessary to protect the employer’s legitimate interests, not harmful to the general public, and not unreasonably burdensome to the employee.  Restrictions should be no greater than are required for the protection of the legitimate interest of the employer. Covenant lasting one to two years have been enforced.

On December 22, 2023, New York Governor Hochul vetoed a bill (S3100) passed by the New York State Legislature that would have banned noncompete clauses in almost all employment agreements. New York City Council has proposed legislation regulating noncompetes in early 2024.

Presently, there is no restriction on terminating the employment of an employee who refuses to sign a restrictive covenant in New York. A covenant must be supported by adequate consideration, which can be new employment, continued employment, or other consideration.

Private employers are not required to contribute to a pension or retirement scheme.

Effective October 2021, private sector employers with 10 or more employees in New York at all times during the previous calendar year, who have been in business for at least two years, and do not provide their employees with a retirement plan must automatically enroll their employees in New York State's Secure Choice Savings Plan. Employees are able to opt-out of the program at any time.

New York requires employers to provide short-term disability insurance, paid family leave benefits, workers’ compensation, and unemployment insurance benefits to employees. Sick leave is also required.

Private employers do not have a mandatory retirement age.

There are no specific state laws governing cessation of benefits. There may, however, be additional considerations under federal law.

As of the time of this publication, there is no law, regulation or other guidance in New York State that prevents employers from implementing mandatory-vaccine polices for their employees. New York is an at-will employment state. As such, employers may terminate employees for failing to get vaccinated provided they comply with applicable employment laws, including Title VII of the Civil Rights Act, the New York Human Rights Law, the ADA, along with safety considerations raised by the Occupational Health and Safety Administration (“OSHA”) and Workers’ Compensation Commission.

Yes, an employer can require office employees to return to work. In order for employers to recall employees back to their respective offices, however, employers must comply with the New York Health and Essential Rights (“HERO”) Act as well as any capacity restrictions and reopening requirements set forth by New York (such as those under New York Forward) or the Center for Disease Control and Prevention (“CDC”).