Employment laws are designed to look out for the basic interests of workers and ensure they have essential protections and rights in the workplace. Every worker in New York State should know how these laws affect them to make certain they receive fair and equitable treatment under the law and that they can advocate for themselves when laws are not followed. To better understand this issue, three crucial employment laws in New York State are discussed below.

A Guide to New York State Employment Laws

1. The Right to Minimum Wage

Whether you are a full-time, part-time, occasional, temporary, or seasonal worker, you have the right to a minimum wage. As of 2019, this is a rate of $11.80 per hour in New York State ($15.00 per hour in New York City). The only exceptions to this law are tipped restaurant or hotel workers, who can be paid less than minimum wage so long as their reported tips equal or exceed the state minimum; part-time babysitters and camp counselors; and freelancers, who generally set their own prices, either per hour or per project.

2. The Right to Organize

Most workers in New York State have the right to organize. This means that they can join or form unions and engage in collective bargaining with employers to improve pay, benefits, working conditions, and other aspects of their work experience. An employer cannot punish or terminate a worker who takes part in union activity. Farmworkers cannot form a union in New York, but workers in virtually every other industry can.

3. Independent Contractors Have Specific Rights

Independent contractors, like freelancers and consultants, are generally not empowered with rights like the ones discussed above. But they are given some specific protections. For instance, if a worker is paid as an independent contractor but is actually an employee — such as someone who receives direct supervision and control over their work and earns an hourly or annual salary — the law might permit the worker to receive unemployment benefits if fired. New York City freelancers have special rights in place, including the right to timely payment, the right to sue nonpaying clients, and the right to have a written contract for jobs paying more than $800.

If your rights as a worker have been violated, an employment law attorney can help. MacVean, Lewis, Sherwin & McDermott, P.C., has been serving Hudson Valley residents since 1885. They offer representation in a number of legal areas, including employment and corporate law cases, commercial litigation, and estate planning. Call (845) 343-3000 or visit them online to schedule a consultation.