Free New York Labor and Employment FAQs | Free New York Labor and Employment Legal Documents

Are Certain Occupations Prohibited For Minors?

Tue, 29 May 2007 21:19:00 GMT

According to state law, no one under the age of 18 may be employed in or assist in:

Any occupation at construction work, including wrecking, demolition, roofing, or excavating operation and the painting or exterior cleaning of a building structure from an elevated surface.
Any occupation involved in the operation of circular saws, bandsaws, and guillotine shears.
Any occupation in or about a slaughter and meatpacking establishment, or rendering plant.
Any occupation involved in the operation of powerdriven woodworking, metalforming, metalpunching, metalshearing, bakery and paper products machines.
Any occupation involved in the operation of powerdriven hoisting apparatus.
Any occupation involved in the manufacture of brick, tile, and kindred products.
Any occupation involving exposure to radioactive substances or ionizing radiation, or exposure to silica or other harmful dust.
Logging occupations and occupations in the operation of any saw mill, lath mill, shingle mill, or cooperagestock mill.
As a helper on a motor vehicle.
The care or operation of a freight or passenger elevator, except that minors over l6 may operate automatic, pushbutton control elevators.
Work in manufacturing, packing, or storing of explosives, or in the use or delivery of explosives.
Operating or using any emery, tripoli, rouge, corundum, stone, silicon carbide, or any abrasive, or emery polishing or buffing wheel, where articles of the baser metals or iridium are manufactured.
Adjusting belts to machinery or cleaning, oiling, or wiping machinery.
Packing paints, dry colors, or red or white leads.
Preparing any composition in which dangerous or poisonous acids are used.
Operating steam boilers subject to Section 204 of the Labor Law.
Any occupation in or in connection with a mine or quarry.
In penal or correctional institutions, if such employment relates to the custody or care of prisoners or inmates.
These prohibitions do not apply to minors younger than 18 who are apprentices individually registered in apprenticeship programs duly registered with the Commissioner of Labor or to studentlearners enrolled in recognized cooperative vocational training programs, or to trainees in approved onthejob training programs.
They do not apply to minors 16 to 18 years old who have completed training as a student learner or trainee in an onthejob training program, or has completed a training program given by a public school or a nonprofit institution, which includes safety instruction approved by the Commissioner of Labor. There are regulations governing the approval of these safety instructions.

State regulations forbid minors under the age of 16 from being employed in or assisting in:

Operating or assisting in operating any machinery unless all moving parts other than keys, levers, or handles are so guarded as to prevent any part of the person or clothing of the operator from touching them.
Any occupation in or in connection with a factory, except in delivery and clerical employment in an enclosed office of a factory or in dry cleaning stores, shoe repair shops, and similar service stores. Federal law requires that any delivery work for retail stores, which is performed by 14 and 15 yearolds be made on foot, by bicycle, or via bus. It also forbids them from working in a place where processing (such as laundering or dry cleaning) takes place.
The operation of washing, grinding, cutting, slicing, pressing, or mixing machinery.
Painting or exterior cleaning in connection with the maintenance of a building or structure.
Any employment in institutions in the Department of Mental Health. (However, participation in recreation and leisure activities, social skills development, companionship and/or entertainment as part of an organized volunteer program approved by the Commissioner of Mental Health does not constitute employment or assistance in employment and may be performed by youthful volunteers at least 14 years of age.)
Industrial homework.
Places of entertainment as a rope or wire walker or gymnast unless the minor is protected by the use of safety devices or protective equipment, which comply with the provisions of the Federal Occupational Safety and Health Act.
Peddling; drug traffic; or any practice, exhibition, or place dangerous or injurious to life, limb, or morals.
New York State recently adopted regulations for prohibited occupations in agriculture for 14 and 15 yearolds. Contact the Division of Labor Standards for further information.

Click on the link below for federal prohibited occupations.FEDERAL PROHIBITED OCCUPATIONS

Are Unemployment Insurance Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

Yes. Any Unemployment Compensation you receive is fully taxable provided you are required to file a tax return. You may have 10% of your benefit check withheld for Federal Tax purposes. For more details, contact the office where you filed your claim.

Can An Employee Be Fired Without Due Cause?

Sun, 01 Jun 2008 19:20:51 GMT

Yes. New York State is an "employmentatwill," state. Without a contract restricting termination (such as a collective bargaining agreement) an employer has the right to discharge an employee at any time for any reason. This also protects the employee's right to resign.

Exceptions to "employmentatwill" are laws enforced by the New York State Division of Human Rights, which prohibit discrimination based upon race, creed, national origin, age, handicap, gender or marital status.

Do I Have To Look For Work While Collecting Unemployment Insurance Benefits?

Tue, 29 May 2007 21:19:00 GMT

Yes, to be eligible for benefits you must be available for work and demonstrate that availability by actively seeking employment while you are claiming benefits. You must keep a written record of all of your efforts to find employment. Forms to record your work search efforts are provided in the Unemployment Insurance Information for Claimants booklet mailed to each individual when they apply for benefits. You may be asked to show your work efforts at the time you are asked to report to the local Division of Employment Services office.

How Can Employees Obtain Assistance In Collecting Wages Owed To Them By Their Employer?

Tue, 29 May 2007 21:19:00 GMT

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 Unpaid Wages."

To locate your nearest Labor Standards District Office go to:

http://www.labor.state.ny.us/business_ny/employer_responsibilities/workprot/lsdists.htm

How Do I Apply For Unemployment Insurance?

Thu, 29 May 2008 18:46:09 GMT

You should apply for UI benefits using the new online application or through the automated TELCLAIM system by calling the TELCLAIM Center (TCC) at 18882098124.

You should have available your Social Security number; your New York State driver's license or Motor Vehicle ID card number if you have one; your mailing address; a telephone number where you can be contacted for additional information; your alien registration card number, if you have one; the names and addresses of all employers for whom you've worked within the last 18 months, including those in another state; your copies of forms SF 8 and SF 50 if you had federal employment within the last 18 months; and your copy of your most recent separation form DD214 if you are an exservice member claiming benefits based on your military service.

How Do I Claim My Weekly Benefits?

Tue, 29 May 2007 21:19:00 GMT

The office where you file your claim will give you instructions on how to certify for benefits by telephone, or possibly by mailing your coupon. You will receive an instructional pamphlet explaining how to use the telephone to certify for unemployment insurance benefits.

The TELSERVICE LINE is available in both English and Spanish. Special provisions have been made for the hearing impaired. TELSERVICE is operational seven days a week including holidays.

How Do I Qualify For Unemployment Benefits?

Tue, 08 Apr 2008 00:52:38 GMT

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 least $1600 in wages in one of the calendar quarters in your base period;

AND

The total wages paid you in your base period must be one and a half times your high quarter wages. (For claims effective April 17, 2000 and later, 22 times the maximum benefit rate as your high quarter earnings, if your earnings are higher than this amount, so that you may qualify under this requirement.)

If you meet the above requirements in the Basic base period, the Basic base period will be used to establish your claim. The Basic base period is the first four of the last five completed calendar quarters prior to the calendar quarter in which your claim is effective.

If you do not meet the requirements in 1. above in the Basic base period, it will be determined if you qualify using the Alternate base period. If you qualify using the Alternate base period, that base period will be used to establish your claim. The Alternate base period is the last four completed calendar quarters immediately prior to the calendar quarter in which your claim is effective.

If you qualify under the Basic base period but you think using the Alternate base period would result in a higher benefit rate, you may apply within 10 days from the date of the initial monetary notice to have your rate recalculated using the alternate base period. If using the Alternate base period does not increase your rate, they will use the Basic base period and your initial monetary determination will remain in effect. You will be sent a determination notifying you that the Alternate base period was not used because it would not increase your rate.

How Does An Employer Register As An Employer?

Tue, 29 May 2007 21:19:00 GMT

To register, complete the appropriate form as indicated below.

General business and domestic employers To register online click here	NYS100
Agricultural employers	NYS100A
Nonprofit employers	NYS100N
Governmental employers	NYS100G
Indian Tribes	NYS100IT

How Is My Weekly Benefit Rate Determined?

Tue, 29 May 2007 21:19:00 GMT

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 are applied to the quarter in which they are paid. The current maximum rate is $405.

You have an additional option to have your benefit rate calculated using weeks worked and wages paid to you in your base period. You must finalize your choice of base period and establish a final quarterly rate before you can request your rate based on average weekly wage. If your rate is calculated using this option, the total weeks and wages will show on the bottom of the Monetary Determination mailed to you.

Although your claim lasts one year (your benefit year), during that time you can only receive 26 times your full weekly rate (or the same amount of money for weeks of partial unemployment).

If An Employer Complies With The State Law Does That Guarantee Compliance With The Federal Law Or If The Employer Complies With Federal Law Does That Guarantee Compliance With State Law?

Tue, 29 May 2007 21:19:00 GMT

Not in all cases. The rule to follow is that the law that is most restrictive and protects the employee the most is the one that applies. For more information, see Comparison New York State Child Labor Law vs Federal Law.

Is An Employment Certificate Required?

Tue, 29 May 2007 21:19:00 GMT

Minors can obtain employment certificates or permits from the school they attend or from the superintendent of schools in that area. Below is an overview of the various types of certificates and permits issued to minors:

A Student Nonfactory Employment Certificate (AT18, blue paper) is issued to a minor 14 or 15 years old for permitted work in any trade, business, or service, but not for work in a factory workroom or for work involving use of dangerous materials or chemical processes.

A Student General Employment Certificate (AT19, green paper) is issued to a minor 16 or 17 years old who is attending school. It is valid for work in a factory or any other trade, business, or service, but not valid for hazardous employment such as operating certain powerdriven machines, construction work, or for work as a helper on a motor vehicle.

A FullTime Employment Certificate (AT20, salmon paper) is issued to a minor 16 or 17 years old who is not attending school, or is leaving school for fulltime employment. It is valid for work in a factory or any other trade, business, or service but not valid for hazardous employment such as operating certain powerdriven machines, construction work, or for work as a helper on a motor vehicle.

PERMITS

(AT24, yellow paper) are issued to minors 14 and 15 years of age for farm work during vacation, before or after school hours, and on days when attendance at school is not required. Such a permit must be signed by each employer, and is not valid for work in or in connection with a factory or cannery. A minor may change his/her farm job without obtaining a new permit.

Permits (AT25, white paper) are issued to minors 12 and 13 years of age employed in the hand harvest of berries, fruits, and vegetables. Such minors must be accompanied by a parent or must provide the employer with the parent's written consent to work.

Newspaper Carrier Permits (AT23, buff paper) are issued to minors 11 to 18 years of age for work in the delivery, or sale and delivery of newspapers, shopping papers, or periodicals to homes or places of business. The minors must carry the permit while working. Note that under Federal law a 14year age minimum is required for delivery of periodicals and similar items.

Street Trade Permits (AT26, ivory paper) are issued to selfemployed boys and girls 14 to 18 years old who sell newspapers or periodicals on streets or in public places or who work as shoeshiners.

Child Model Permits (AT1 2, green booklet) are issued for the employment of child models under 18 years old.

Performer Permits These permits are issued by the chief executive of the municipality in which the performance takes place.

Must An Employer Pay Employees For Holidays, Sick Time And/Or Vacations?

Tue, 29 May 2007 21:19:00 GMT

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 benefit policy, that employer is free to impose any conditions they choose.

Must My Employer Provide For Rest And/Or Meal Periods?

Tue, 29 May 2007 21:19:00 GMT

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 between 11 A.M. and 2 P.M.

For detailed information on meal period requirements, go to: www.labor.state.ny.us/business_ny/employer_responsibilities/employer/meals.html

Meal periods are not counted as work time, thus employers need not pay for that time. Other "Breaks", such as for "rest periods" or "coffee breaks," are not required. If a break (of up to 20 minutes) is permitted, then it should be paid as working time.

What Are The Restrictions On The Hours A Minor Can Work?

Tue, 29 May 2007 21:19:00 GMT

Click on the following link: Permitted Working Hours Chart.

What Are The Unemployment Tax Rates?

Tue, 29 May 2007 21:19:00 GMT

Click on the following link for UI tax rates:Current UI Tax Rates. CLICK HERE for information on how rates are calculated.

Nonprofit organizations organized and operated exclusively for religious, charitable, scientific, literary or educational purposes (those exempt under Section 501 [c] [3] of the Internal Revenue Code) and governmental entities may elect to discharge their obligations under the Unemployment Insurance Law by reimbursing benefits paid to their former employees and charged to their accounts in lieu of tax contributions.

What Is Required Once An Employer Is Determined Liable?

Tue, 29 May 2007 21:19:00 GMT

Once an employer is determined liable, an NYS45, Quarterly Combined Withholding, Wage Reporting and Unemployment Insurance Return is required to be filed with the appropriate taxes due. Unemployment Insurance filing due dates are as follows:

Quarter	Period Covered	Due Date
First Quarter	January 1 March 31	April 30
Second Quarter	April 1 June 30	July 31
Third Quarter	July 1 September 30	October 31
Fourth Quarter	October 1 December 31	January 31

The quarterly returns are mailed to employers well in advance of the due dates. If you do not receive your quarterly return approximately three weeks before the report is due, please contact the NYS Department of Taxation and Finance's Business Tax Information Center or use the form provided here.

Your contributions are based on the first $8,500 of remuneration paid to each employee in a calendar year. Remuneration includes every form of compensation paid to covered employees including salary, cash wages, commissions, bonuses, tips, vacation pay, the value of meals and lodging, and other types of noncash compensation.

What Is The Law Regarding Overtime?

Tue, 29 May 2007 21:19:00 GMT

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, this overtime rate applies to all time over 40 hours in a payroll week. For residential employees ("livein" workers), this overtime rate applies to all time over 44 hours in a payroll week.

Some categories of employees are excluded from New York State's overtime provisions. These state exemptions from the requirement for overtime pay are identical to the federal overtime exemptions outlined in the Fair Labor Standards Act (FLSA), listed by the U.S. Department of Labor, Wage and Hour Division at:

http://www.elaws.dol.gov/flsa/screen75.asp

Employees covered by a State Minimum Wage Order must be paid for overtime hours at one and onehalf times the basic minimum wage of $5.15 per hour.

What Is The Minimum Age For Employment?

Tue, 29 May 2007 21:19:00 GMT

Minors not yet 14 may not be employed at any time, neither after school nor during vacation. Minors 14 and 15 years old may work after school hours and during vacations, but not in factory work. They may do delivery and clerical work in any enclosed office of a factory, and in dry cleaning, tailor, shoe repair, and similar service stores. Minors 16 and 17 years of age, if not attending school, may work full time throughout the year. Factory work is permitted for minors 16 years of age or older.

The following exceptions apply:

Minors 12 years of age or older may be employed in the hand harvest of berries, fruits, and vegetables. Minors 11 years of age or older may work outside school hours as newspaper carriers to deliver, or sell and deliver newspapers, shopping papers, or periodicals to homes or business places. Minors 14 years of age and older may be engaged in street trades work, i.e. selling newspapers or periodicals on streets or public places. Minors 12 years of age or older may work outside school hours for their parents or guardians either on the home farm or at other outdoor work not connected with a business. There is no minimum age for child performers at theatrical, radio, or television performances or for child models.

What is the current minimum wage in New York State?

Thu, 05 Jun 2008 21:53:50 GMT

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 workers who earn at least $1.85 per hour in tips may be paid at a minimum wage rate of $5.30 per hour. Different rates exist for other types of service employees, specified within a set of regulations called a "Wage Order", which addresses the unique aspects of each industry or occupation.

For uptodate minimum wage information and links to the "Wage Order" rates and allowances relevant to your industry, go to:

www.labor.state.ny.us/business_ny/employer_responsibilities/workprot/mwincrease.htm.

Exceptions to the minimum wage requirements are:

Executives and administrators earning more than $386.25 per week
Professionals
Outside salespersons
Taxicab drivers
Government employees (However, certain nonteaching employees of BOCES are covered)
Parttime babysitters
Companions to the sick or elderly who live in their employer's home and whose principal duties do not include housework
Ministers and members of religious orders
Volunteers, learners, apprentices and students working in nonprofit institutions
Students obtaining vocational experience

Independent Contractors people who are in business for themselves are not considered "employees" and are not covered by the minimum wage requirements. These are the major exclusions. For a more complete listing, go to:

http://assembly.state.ny.us/leg/?cl=54&a=45

When Is An Employer Liable For Unemployment Taxes?

Tue, 29 May 2007 21:19:00 GMT

Different employer types have different liability for contributions under the Unemployment Insurance Law.

General Business Employers

A general business employer is liable:

on the first day of any calendar quarter in which total remuneration of $300 or more is paid, OR
on the day it acquires any or all of the business of an employer currently liable for contributions.

Nonprofit Employers

A nonprofit employer is liable:

on the first day of any calendar quarter in which it pays total cash remuneration of $1,000 or more, OR
as of the first day of a calendar year if it employs four or more persons on each of 20 days during that calendar year or the preceding calendar year, each being in a different calendar week.

A nonprofit employer may terminate liability at the end of any calendar quarter if:

the Department is notified in writing during that calendar quarter, AND
the employer did not pay cash remuneration of $1,000 or more in the current and three preceding calendar quarters, AND
the employer did not employ 4 or more persons on each of 20 days during that calendar year or the preceding calendar year, each day being in a different calendar week.

Household Employers

An employer of household help is liable as of the first day of any calendar quarter in which total cash wages of $500 or more is paid. A household employer may terminate liability at the end of any calendar quarter if the Department of Labor is notified in writing and cash wages of $500 or more is not paid in the current and three preceding calendar quarters.

Agricultural Employers

An employer of agricultural labor on a farm is liable:

at the beginning of any calendar year in which 10 or more farm workers are employed on each of 20 days in a calendar year or the preceding calendar year, each day being in a different week, OR
as of the first day of a calendar quarter during which cash remuneration of $20,000 or more is paid to farm workers, OR
as of the first day of the calendar quarter during which any remuneration is paid to farm workers if the employer is liable under the Federal Unemployment Tax Act (FUTA) with respect to farm workers.

A Farm Labor Crew Leader is also liable if any of the above conditions are met, AND:

the farm operator is not the employer, AND
the crew leader holds a valid certificate of registration under the Farm Labor Contractor Registration Act of 1963, OR substantially all of the crew operates or maintains mechanized equipment which is provided by the leader.

Governmental Employers

All local government employees are mandatorily covered under the New York State Unemployment Insurance Law as of January 1, 1978. This is without regard to the amount of remuneration paid or the number of employees.

Indian Tribes

All Indian Tribes, as defined in Section 3306(u) of FUTA, are mandatorily covered under the New York State Unemployment Insurance Law as of December 21, 2000. This is without regard to the amount of remuneration paid or the number of employees.

When Is The Last Check Due To A Terminated Employee?

Tue, 29 May 2007 21:19:00 GMT

When employment has been terminated, the employer must pay the wages by the regular payday for the pay period worked.

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