Attorneys

New York Labor and Employment FAQs

• Q: What is the current minimum wage in New York State?
  A: For covered employees, the New York State Minimum Wage rate is $7.15 per hour. This amount may be modified based upon a number of factors. For example, food service … More
• Q: What Is The Law Regarding Overtime?
  A: Covered employees who work overtime must be paid at a rate that is one and one­half times their regular hourly rate of pay. For non­residential employees, … More
• Q: Must My Employer Provide For Rest And/Or Meal Periods?
  A: Employees who work a shift of more than six hours starting before 11 A.M. and continuing until 2 P.M. must have an uninterrupted lunch period of at least half an hour … More
• Q: Must An Employer Pay Employees For Holidays, Sick Time And/Or Vacations?
  A: Payment for holidays, sick time or vacation is not required unless the employer has established a policy to grant such pay. When an employer does decide to create a … More
• Q: Can An Employee Be Fired Without Due Cause?
  A: Yes. New York State is an "employment­at­will," state. Without a contract restricting termination (such as a collective bargaining agreement) an employer has … More
• Q: When Is The Last Check Due To A Terminated Employee?
  A: When employment has been terminated, the employer must pay the wages by the regular payday for the pay period worked. More
• Q: How Can Employees Obtain Assistance In Collecting Wages Owed To Them By Their Employer?
  A: Employees who are owed wages may obtain assistance in collecting the monies due to them by contacting their nearest Labor Standards Office and filing a "Claim for … More
• Q: How Do I Apply For Unemployment Insurance?
  A: You should apply for UI benefits using the new on­line application or through the automated TEL­CLAIM system by calling the TEL­CLAIM Center (TCC) at … More
• Q: How Do I Qualify For Unemployment Benefits?
  A: To qualify for benefits: You must have worked and been paid wages for employment in at least two calendar quarters in your base period; AND You must have been paid at … More
• Q: How Is My Weekly Benefit Rate Determined?
  A: Your original benefit rate is calculated on your actual high quarter wages. Your weekly benefit rate is one twenty­fifth (1/25) of your high quarter wages. Wages … More

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