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Employment Laws

The New York State Department of Labor provides extensive information regarding employment issues, with issues ranging from wage law to child labor laws. Following are brief descriptions of some important items:

Wages and Hour Law:
The Division of Labor Standards enforces New York State Labor Laws. The Division functions in the following areas:

Minimum Wage - Enforces the New York State Minimum Wage Act, which is a wage set by law for certain employment categories, including four minimum wage orders and the Minimum Wage Standards for Farm Workers. These laws apply to all workers in the state including those subject to the Federal Labor Standards Act.

Wage Supplements or Fringe Benefits - The Department of Labor investigates, and endeavors to collect claims for, unpaid benefits or wage supplements which the employer has agreed to provide; also claims for withheld employer contributions to benefit funds. Wage supplements include vacation or holiday pay, paid sick leave, reimbursement of expenses, and other similar items.

Unpaid or Withheld Wages - Investigates and endeavors to collect for unpaid or withheld wages including illegal deductions.

Employment of Minors - Enforces statutes governing maximum and prohibited hours of work for minors and the type of work permitted for minors. Inspects establishments to insure that minors under the age of 18 have proper employment certificates (Working Papers). An employment certificate or permit is required for minors under 18 before they may begin work. High school graduates, minors who work for their parents, and minors who do industrial homework are included in this group. For additional information regarding exceptions to employment certificates for minors contact the NYS Department of Labor.

Obtaining Employment Certificates and Permits - Minors can obtain employment certificates or permits from the school they attend or from the superintendent of schools in that area. The paperwork required includes:

1. Written permission from a parent to work. (There are exceptions for minors considered to be emancipated by school authorities.)
2. Proof of age, either a birth certificate or some other document at least two years old that satisfies the officer issuing the certificate.
3. A certificate of physical fitness to assure that the young person is in sound health and that the work will not impair his/her physical condition.

Day of Rest and Meal Periods - Enforces day of rest regulations where applicable, and the meal periods required for all workers. For additional information regarding meals and breaks, go to the NYSDOL Meal Period Guidelines.

Farm Labor - Enforces minimum wage standards. Issues certificates of registration to migrant farm labor contractors, growers and food processors who bring migrant farm labor into the state. Enforces compliance with the conditions set forth in registration.

Industrial Homework - Industrial homework means the manufacturing in a home, in whole or in part, with or of material that has been furnished by an employer, of any article or articles to be returned to the employer, or to be delivered, mailed, or shipped to others. Industrial homeworker means any person who manufactures in a home, in whole or in part, with or out of material furnished by an employer for industrial homework, any article or articles to be returned to the employer directly or indirectly, or to be delivered, mailed or shipped to others. The Wages and Hour Law enforces the restrictions on industrial homework set forth in the Industrial Homework Law and Homework Orders. Issues permits for limited distribution of industrial homework together with certificates to eligible home workers.

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