KNOW YOUR RIGHTS IN THE WORKPLACE
NEW YORK & FEDERAL
PRINTABLE LABOR LAWS
For more information please call 1-800-745-9970
2 New York Labor Laws
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NEW YORK PRINTABLE LABOR LAW GUIDE
Thank you for choosing LaborLawCenter™ to meet compliance regulations for you and your remote workers!
This guide covers: • Remote Worker Use
• Printing the Labor Law Posters
• Sending Customized Acknowledgment Agreements
How to Use
The mandated state and federal labor law posters that all employees must be informed of are located in this
document. State poster names are in red and federal poster names are in blue.
Your remote workers can reference these laws anytime by saving the le to their desktop or printing the
individual posters.
NOTE: Each notice is formatted according to state or federal regulations, such as font size, posting size, color and
layout. To be in compliance when printing the posters, do not scale.
How to Print the Individual Notices
Located at the bottom, right-hand corner on each poster is
the print icon. The required print size from the regulating
agency is listed next to the icon. Click on the icon to open
the ‘Print’ window and proceed.
Look For This Button
NOTE: Signed acknowledgments should be stored securely by the administrator. That agreement is the only
electronic acknowledgment copy for your records. LaborLawCenter™ does not store or keep on le your records.
Fill In Comments
How to Customize and Send the Acknowledgment
Agreement
The last page of this document includes a ‘Signature
Acknowledgment’. A signed acknowledgement agreement
is important to keep in employee records to show that each
remote worker has been informed of their rights in case of labor
disputes or lawsuits.
Before sending to your remote worker, you must complete
the “Comments” eld with:
The reply-to email address or addresses that the remote
worker should send the signed acknowledgement to
Additional information your business requires, such
as the Employee Identication Number or where to
post instructions
Note: Please ensure the document is opened in Adobe
Acrobat, not your web browser, in order to complete
the Acknowledgement Agreement
Each remote worker must complete the “Employee Name and
“Date Received” elds before sending back.
3 New York Labor Laws
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PAID FAMILY LEAVE NOTICE
Most private employers with one or more employees are
required to obtain Paid Family Leave insurance. Your insurance
carrier will provide you with a notice to employees (Notice of
Compliance) stating that you have Paid Family Leave insurance.
The Notice will include information about your carrier.
If you are self-insured, you can get this notice by
contacting the NYS Workers’ Compensation Board at
certificates@wcb.ny.gov.
Post and maintain this notice in plain view.
4 New York Labor Laws
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WHISTLEBLOWER PROTECTION
Notice of Employee Rights, Protections, and
Obligations Under Labor Law Section 740
Prohibited Retaliatory Personnel Action by Employers
Eective January 26, 2022
www.labor.ny.gov
Division of Labor Standars
Harriman State Oce Campus
Building 12, Albany, NY 12226
§740. Retaliatory action by employers; prohibition.
1.Denitions. For purposes of this section, unless the
context specically indicates otherwise:
(a) “Employee means an individual who performs
services for and under the control and direction of an
employer for wages or other remuneration, including
former employees, or natural persons employed
as independent contractors to carry out work in
furtherance of an employers business enterprise who
are not themselves employers.
(b) “Employer” means any person, rm, partnership,
institution, corporation, or association that employs
one or more employees.
(c) “Law , rule or regulation includes: (i) any duly enacted
federal, state or local statute or ordinance or executive
order; (ii) any rule or regulation promulgated pursuant
to such statute or ordinance or executive order; or (iii)
any judicial or administrative decision, ruling or order.
(d) “Public body includes the following:
(i) the United States Congress, any state legislature, or
any elected local governmental body , or any member
or employee thereof;
(ii) any federal, state, or local court, or any member or
employee thereof, or any grand or petit jury;
(iii) any federal, state, or local regulatory , administrative,
or public agency or authority, or instrumentality
thereof;
(iv) any federal, state, or local law enforcement agency ,
prosecutorial oce, or police or peace ocer;
(v) any federal, state or local department of an executive
branch of government; or
(vi) any division, board, bureau, oce, committee, or
commission of any of the public bodies described in
subparagraphs (i) through (v) of this paragraph.
(e) “Retaliatory action” means an adverse action taken by
an employer or his or her agent to discharge,threaten,
penalize, or in any other manner discriminate against
any employee or former employee exercising his or
her rights under this section, including (i) adverse
employment actions or threats to take such adverse
3. Application. The protection against
retaliatory action provided by paragraph (a)
of subdivision two of this section pertaining
to disclosure to a public body shall not apply to an
employee who makes such disclosure to a public body
unless the employee has made a good faith eort to
notify his or her employer by bringing the activity,
policy or practice to the attention of a supervisor
of the employer and has aorded such employer
a reasonable opportunity to correct such activity,
policy or practice. Such employer notication shall
not be required where:
(a) there is an imminent and serious danger to the public
health or safety;
(b) the employee reasonably believes that reporting
to the supervisor would result in a destruction of
evidence or other concealment of the activity, policy
or practice;
(c) such activity, policy or practice could reasonably be
expected to lead to endangering the welfare of a
minor;
(d) the employee reasonably believes that reporting to
the supervisor would result in physical harm to the
employee or any other person; or
(e) the employee reasonably believes that the supervisor
is already aware of the activity, policy or practice and
will not correct such activity, policy or practice.
4. Violation; remedy.
(a) An employee who has been the subject of a retaliatory
action in violation of this section may institute a civil
action in a court of competent jurisdiction for relief as
set forth in subdivision ve of this section within two
years after the alleged retaliatory action was taken.
(b) Any action authorized by this section may be brought
in the county in which the alleged retaliatory action
occurred, in the county in which the complainant
resides, or in the county in which the employer has
its principal place of business. In any such action, the
parties shall be entitled to a jury trial.
(c) It shall be a defense to any action brought pursuant to
5 New York Labor Laws
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WHISTLEBLOWER PROTECTION (PAGE 2)
employment actions against an employee in the
terms of conditions of employment including but
not limited to discharge, suspension, or demotion;
(ii) actions or threats to take such actions that would
adversely impact a former employee’s current or
future employment; or (iii) threatening to contact
or contacting United States immigration authorities
or otherwise reporting or threatening to report an
employees suspected citizenship or immigration
status or the suspected citizenship or immigration
status of an employees family or household member,
as dened in subdivision two of section four hundred
fty-nine-a of the social services law, to a federal, state,
or local agency.
(f ) “Supervisor means any individual within an employers
organization who has the authority to direct and control
the work performance of the aected employee; or
who has managerial authority to take corrective action
regarding the violation of the law, rule or regulation of
which the employee complains.
2. Prohibitions. An employer shall not take any retaliatory
action against an employee, whether or not within
the scope of the employee’s job duties, because such
employee does any of the following:
(a) discloses, or threatens to disclose to a supervisor or
to a public body an activity, policy or practice of the
employer that the employee reasonably believes
is in violation of law, rule or regulation or that the
employee reasonably believes poses a substantial and
specic danger to the public health or safety;
(b) provides information to, or testies before, any public
body conducting an investigation, hearing or inquiry
into any such activity, policy or practice by such
employer; or
(c) objects to, or refuses to participate in any such activity,
policy or practice.
this section that the retaliatory action was predicated
upon grounds other than the employees exercise of
any rights protected by this section.
5. Relief. In any action brought pursuant to subdivision
four of this section, the court may order relief as follows:
(a) an injunction to restrain continued violation of this
section;
(b) the reinstatement of the employee to the same
position held before the retaliatory action, or to an
equivalent position, or front pay in lieu thereof;
(c) the reinstatement of full fringe benets and seniority
rights;
(d) the compensation for lost wages, benets and other
remuneration;
(e) the payment by the employer of reasonable costs,
disbursements, and attorneys fees;
(f) a civil penalty of an amount not to exceed ten thousand
dollars; and/or
(g) the payment by the employer of punitive damages, if
the violation was willful, malicious or wanton.
6. Employer relief. A court, in its discretion, may also order
that reasonable attorneys’ fees and court costs and
disbursements be awarded to an employer if the court
determines that an action brought by an employee
under this section was without basis in law or in fact.
7. Existing rights. Nothing in this section shall be deemed
to diminish the rights, privileges, or remedies of any
employee under any other law or regulation or under any
collective bargaining agreement or employment contract.
8. Publication. Every employer shall inform employees
of their protections, rights and obligations under this
section, by posting a notice thereof. Such notices shall
be posted conspicuously in easily accessible and well-
lighted places customarily frequented by employees
and applicants for employment.
6 New York Labor Laws
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NEW YORK MINIMUM WAGE
If you have questions, need more information or want to le a complaint, please visit www.labor.ny.gov/minimumwage or call: 1-888-469-7365.
New York City
Large Employers (11 or more employees)
Small Employers (10 or less employees)
Minimum Wage $1
6.00
Overtime after 40 hours $24.00
Tipped workers $16.00
Overtime after 40 hours $24.00
Minimum Wage $16.00
Overtime after 40 hours $24.00
Tipped workers $16.00
Overtime after 40 hours $24.00
Long Island and Westchester County
Minimum Wage $1
6.00
Overtime after 40 hours $24.00
Tipped workers $16.00
Overtime after 40 hours $24.00
Remainder of New York State
Minimum Wage $15.00
Overtime after 40 hours $22.50
Tipped workers $15.00
Overtime after 40 hours $22.50
Extra Pay you may be owed in addition to the minimum wage rates shown above:
Overtime – You must be paid 1½ times
your regular rate of pay (no less than
amounts shown above) for weekly hours
over 40 (or 44 for residential employees).
Exceptions: Overtime is not required for
salaried professionals, or for executives
and administrative sta whose weekly
salary is more than 75 times the minimum
wage rate.
Call-in pay – If you go to work as scheduled
and your employer sends you home early,
you may be entitled to extra hours of pay
at the minimum wage rate for that day.
Spread of hours – If your workday lasts
longer than ten hours, you may be entitled
to extra daily pay. The daily rate is equal
to one hour of pay at the minimum wage
rate.
Uniform maintenance – If you clean your own
uniform, you may be entitled to additional
weekly pay. The weekly rates are available
online.
Minimum Wage Poster
Post in Plain View
LS 207 (11/23)
Attention Miscellaneous Industry Employees
Minimum Wage hourly rates effective 1/1/2024 – 12/31/2024
Credits and Allowances that may reduce your pay below the minimum wage rates shown above:
Tips – Beginning December 31, 2020, your
employer must pay the full applicable
minimum wage rate, and cannot take any
tip credit.
Meals and lodgingYour employer may claim a limited amount of your wages for meals and
lodging that they provide to you, as long as they do not charge you anything else. The rates
and requirements are set forth in wage orders and summaries, which are available online.
7 New York Labor Laws
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VETERAN BENEFITS AND SERVICES
The following resources and hotlines are available at no-cost to help veterans understand
their rights, protections, benets, and accommodations:
All calls and texts are free and condential
U.S. Department of Veterans Aairs Veterans Crisis
Line: www.veteranscrisisline.net
Call: 988, press 1 Text: 838255
Suicide and Crisis Lifeline: www.veteranscrisisline.net
Call: 988 Text: 988
Crisis Textline:
Text: 741741 Chat: crisistextline.org
NYS Oce of Mental Health (OMH):
www.omh.ny.gov
NYS Oce of Addiction Services and Supports
(OASAS): www.oasas.ny.gov/hopeline
Call: 1-877-8-HOPENY (467469)
Text: HOPENY (467369)
Veterans Treatment Courts (VTC):
ww2.nycourts.gov/courts/problem_solving/vet/courts.shtml
Email: [email protected].ny.us
NYS Defenders Association Veteran Defense Program:
www.nysda.org/page/AboutVDP
Website: veterans.ny.gov
Help Line: 1-888-838-7697
Email: DVSInfo@veterans.ny.gov
Services: Legal, education, employment and
volunteer, nancial, health care, and more.
Website: dol.ny.gov/services-veterans
Help Line: 1-888-469-7365
Email: Ask.Vets@labor.ny.gov
Services: Workforce and training resources, unemployment insurance,
the Experience Counts program, and more.
dol.ny.gov/veteran-benets-and-services
MENTAL HEALTH AND SUBSTANCE
ABUSE RESOURCES
NYS Department of Tax and Finance
Information for military personnel and veterans:
tax.ny.gov/pit/le/military_page.htm
Property tax exemptions:
tax.ny.gov/pit/property/exemption/vetexempt.htm
TAX BENEFITS
LEGAL SERVICES
NEW YORK STATE DIVISION
OF VETERANS’ SERVICES
NEW YORK STATE DEPARTMENT
OF LABOR VETERANS’ PROGRAM
Veteran Readiness and Employment
(VR&E) Program: www.benets.va.gov/vocrehab
New York State Civil Service Credits
for Veterans Program: www.cs.ny.gov
EDUCATION, WORKFORCE,
AND TRAINING RESOURCES
NYS Domestic and Sexual Violence Hotline:
Call: 800-942-6906 Text: 844-997-2121
NYS Workplace Sexual Harassment Hotline:
Call: 1-800-HARASS-3
NYS Department of Motor Vehicles:
Veteran Status Designation Photo Document:
dmv.ny.gov/more-info/veteran-statusdesignation-photo-
document
Veteran License Plate:
dmv.ny.gov/plates/military-and-veterans
ADDITIONAL RESOURCES
Division of
V eterans’ Services
The New York State Department of Labor is an Equal Opportunity Employer/Program.
Auxiliary aides and services are available upon request and free of charge to individuals with disabilities TTY/TDD 711 or 1-800-662-1220 (English) / 1-877-662-4886.
P37 (3/23)
8 New York Labor Laws
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RIGHT TO KNOW
YOU HAVE A RIGHT TO KNOW!
Your employer must inform you of the health effects
and hazards of toxic substances at your worksite.
Learn all you can about toxic substances on your job.
For more information, contact:
_____________________________________________
Name
_____________________________________________
Location & Phone Number
THE RIGHT TO KNOW LAW WORKS FOR YOU
NEW YORK STATE DEPARTMENT OF HEALTH
2706 4/00 Revised 8/2010
9 New York Labor Laws
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EQUAL PAY NOTICE
Division of Labor Standards
www.labor.ny.gov
Equal Pay Provision of the New York State Labor Law
Article 6, Section 194
§ 194. Dierential in rate of pay because of protected class status
prohibited.
1. No employee with status within one or more protected class or
classes shall be paid a wage at a rate less than the rate at which an
employee without status within the same protected class or classes
in the same establishment is paid for: (a) equal work on a job the
performance of which requires equal skill, eort and responsibility,
and which is performed under similar working conditions, or (b)
substantially similar work, when viewed as a composite of skill, eort,
and responsibility, and performed under similar working conditions;
except where payment is made pursuant to a dierential based on:
(i) a seniority system;
(ii) a merit system;
(iii) a system which measures earnings by quantity or quality of
production; or
(iv) a bona de factor other than status within one or more protected
class or classes,such as education, training, or experience. Such
factor:
(A) shall not be based upon or derived from a dierential in
compensation based on status within one or more protected
class or classes and
(B) shall be job-related with respect to the position in question
and shall be consistent with business necessity. Such exception
under this paragraph shall not apply when the employee
demonstrates
(1) that an employer uses a particular employment practice
that causes a disparate impact on the basis of status within
one or more protected class or classes,
(2) that an alternative employment practice exists that would
serve the same business purpose and not produce such
dierential, and
(3) that the employer has refused to adopt such alternative
practice.
2. For the purpose of subdivision one of this section:
(a) ”business necessity” shall be dened as a factor that bears a
manifest relationship to the employment in question, and
(b) ”protected class” shall include age, race, creed, color, national
origin, sexual orientation, gender identity or expression, military
status, sex, disability, predisposing genetic characteristics, familial
status, marital status, or domestic violence victim status, and any
employee protected from discrimination pursuant to paragraphs
(a), (b), and (c) of subdivision one of section two hundred ninety-
six and any intern protected from discrimination pursuant to
section two hundred ninety-six-c of the executive law.
3. For the purposes of subdivision one of this section, employees shall
be deemed to work in the same establishment if the employees
work for the same employer at workplaces located in the same
geographical region, no larger than a county, taking into account
population distribution, economic activity, and/or the presence of
municipalities.
4. (a) No employer shall prohibit an employee from inquiring about,
discussing, or disclosing the wages of such employee or another
employee.
(b) An employer may, in a written policy provided to all employees,
establish reasonable workplace and workday limitations on
the time, place and manner for inquires about, discussion of,
or the disclosure of wages. Such limitations shall be consistent
with standards promulgated by the commissioner and shall be
consistent with all other state and federal laws. Such limitations
may include prohibiting an employee from discussing or
disclosing the wages of another employee without such
employees prior permission.
(c) Nothing in this subdivision shall require an employee to disclose
his or her wages. The failure of an employee to adhere to such
reasonable limitations in such written policy shall be an armative
defense to any claims made against an employer under this
subdivision, provided that any adverse employment action taken
by the employer was for failure to adhere to such reasonable
limitations and not for mere inquiry, discussion or disclosure of
wages in accordance with such reasonable limitations in such
written policy.
(d) This prohibition shall not apply to instances in which an employee
who has access to the wage information of other employees
as a part of such employee’s essential job functions discloses
the wages of such other employees to individuals who do not
otherwise have access to such information, unless such disclosure
is in response to a complaint or charge, or in furtherance of an
investigation, proceeding, hearing, or action under this chapter,
including an investigation conducted by the employer.
(e) Nothing in this section shall be construed to limit the rights of an
employee provided under any other provision of law or collective
bargaining agreement.
For questions, write or call your nearest oce, (listed below), of the:
New York State Department of Labor
Division of Labor Standards
Albany District
State Oce Campus
Bldg. 12, Rm. 185A
Albany, NY 12240
(518)457-2730
New York City District
75 Varick Street, 7th Floor
New York, NY 10013
(212) 775-3880
Syracuse District
333 East Washington Street, Rm. 121
Syracuse, NY 13202
(315) 428-4057
Garden City District
400 Oak Street, Suite
101
Garden City, NY 11530
(516) 794-8195
Bualo District
290 Main Street, Rm. 226
Bualo, NY 14202
(716) 847-7141
Rochester Sub-District
276 Waring Road, Rm. 104
Rochester, NY 14609
(585) 258-4550
White Plains District
120 Bloomingdale Road
White Plains, NY 10605
(914) 997-9521
LS 603 (08/20)
10 New York Labor Laws
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FRINGE BENEFITS AND HOURS
NOTICE REQUIREMENTS FOR
FRINGE BENEFITS AND HOURS
Section 195.5 of the New York State Labor Law effective December 12, 1981 provides as follows: “Every employer shall notify
his employees in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays and hours.”
For written information on your employer’s policy on sick leave, vacation, personal leave, holidays and hours can be obtained at:
(Please advise employees where they may obtain written information on fringe benets and hours.)
11 New York Labor Laws
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SCHEDULE OF HOURS OF WORK FOR MINORS
FOLLOWING ARE THE HOURS OF WORK
FOR MINORS UNDER EIGHTEEN EMPLOYED AT
(Please provide name of establishment on the above line.)
Please provide daily starting time and ending time, including meal periods, for every day each minor is scheduled to work.
Name of Minor
Sun- (Meal/Period)
In Out In Out
Mon- (Meal/Period)
In Out In Out
Tue- (Meal/Period)
In Out In Out
Wed- (Meal/Period)
In Out In Out
Thu- (Meal/Period)
In Out In Out
Fri- (Meal/Period)
In Out In Out
Sat- (Meal/Period)
In Out In Out
A SCHEDULE OF HOURS OF WORK FOR MINORS UNDER 18 YEARS OF AGE MUST BE POSTED IN THE ESTABLISHMENT BY THE EMPLOYER.
12 New York Labor Laws
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RIGHT OF NURSING MOTHERS TO EXPRESS BREAST MILK
Section 206-c of the New York State Labor Law provides as follows:
Right of Nursing Mothers to Express Breast Milk.
An employer shall provide reasonable unpaid break time or permit an employee to express breast milk for her nursing child for
up to three years following child birth. The employer shall make reasonable eorts to provide a room or other location, in close
proximity to the work area, where an employee can express milk in privacy. No employer shall discriminate in any way against an
employee who chooses to express breast milk in the workplace. An employee wishing to avail herself of this benet is required
to give her employer advance notice. Such notice shall preferably be provided to the employer prior to the employees return to
work following the birth of the child in order to allow the employer an opportunity to establish a location and schedule leave time
amongst multiple employees if needed.
LS 702 (02/23)
NEW YORK BREASTFEEDING:
13 New York Labor Laws
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BLOOD DONATION LEAVE
Section 202-j of the Labor Law mandates that employers provide leave time to employees for the
purpose of donating blood. The two types of blood donation leaves are O-Premises Blood Donation
and Donation Leave Alternatives.
Compensation for Leave - Leave granted to employees for o-premises blood donation is not required to
be paid leave. leave taken by employees for donation leave alternatives shall be paid leave given without
requiring the employee to use accumulated vacation, personal, sick, or other already existing leave time.
O-Premises Donation - Employees taking leave for o-premises blood donation shall be permitted at least
one leave period per calendar year of three hours duration during the employee’s regular work schedule.
Employers are not required to allow o-premises blood donation leave under Labor Law § 202-j to accrue if
it is not used during the calendar year. Leave granted to employees for o-premises blood donation is not
required to be paid leave.
Donation Leave Alternatives - Leave for blood donation leave alternatives shall be given twice per calendar
year and it shall be paid leave given without use of vacation, personal, sick, or other already existing leave
accruals. Under the Donation Leave Alternatives, the donating of blood should be at a convenient time and
place set by the employer. The time shall not be a time outside an employee’s normal work hours nor shall the
location be not reasonable travel distance for an employee. If an employee provides prompt notice that he or
she is not or was not able to participate in a blood donation leave alternative because the employee is or was
on leave (such as sick or vacation leave), and if as a result the employer has not provided the employee with
the opportunity to participate in at least two blood leave alternatives during working hours in a calendar year,
the employer must either make available another such alternative to the employee, or allow the employee
to take leave to make an o-premises donation. Employees donating blood during a blood donation leave
alternative must be allowed sucient leave time necessary to donate blood, to recover, including partaking
nourishment after donating, and to return to work.
Our company’s blood donation will occur: _______________________________________________________
Please indicate time and place
Should you have any questions, please contact: ___________________________________________________
Please indicate administrator
LS 703 (03-16)
14 New York Labor Laws
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NO SMOKING NOTICE
NO SMOKING
Effective July 24, 2003, the amended New York State Clean Indoor Air Act (Public Health Law, Article
13-E) prohibits smoking in virtually all workplaces, including restaurants and bars. The changes in
the Act reect the state’s commitment to ensuring that all workers are protected from secondhand
smoke. Localities may continue to adopt and enforce local laws regulating smoking. However, these
regulations must be at least as strict as the Clean Indoor Air Act.
STATE OF NEW YORK - Department of Health - Antonia C. Novello, M.D., M.P.H., Dr. P.H., Commissioner
For more information about the Act, call 1-800-458-1158, ext. 2-7600.
15 New York Labor Laws
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RIGHT TO VOTE
ATTENTION ALL EMPLOYEES
TIME ALLOWED EMPLOYEES TO VOTE ON ELECTION DAY
N.Y. ELECTION LAW SECTION 3-110
I
STATES THAT:
IF YOU DO NOT HAVE 4 CONSECUTIVE HOURS TO VOTE, EITHER FROM THE OPENING OF THE POLLS TO
THE BEGINNING OF YOUR WORKING SHIFT, OR BETWEEN THE END OF YOUR WORKING SHIFT AND THE
CLOSING OF THE POLLS, YOU MAY TAKE OFF UP TO 2 HOURS, WITHOUT LOSS OF PAY, TO ALLOW YOU
TIME TO VOTE IF YOU ARE A REGISTERED VOTER.
YOU MAY TAKE TIME OFF AT THE BEGINNING OR END OF YOUR WORKING SHIFT, AS YOUR EMPLOYER
MAY DESIGNATE, UNLESS OTHERWISE MUTUALLY AGREED.
YOU MUST NOTIFY YOUR EMPLOYER NOT LESS THAN 2 DAYS, BUT NOT MORE THAN 10 DAYS, BEFORE
THE DAY OF THE ELECTION THAT YOU WILL TAKE TIME OFF TO VOTE.
i
Employers: Not less than ten working days before any Election Day, every employer shall post conspicuously in the place of work
where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of this law. Such notice
shall be kept posted until the close of the polls on Election Day.
Revised 4.14.2020
16 New York Labor Laws
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WORKERS’ COMPENSATION
WORKERS’ COMPENSATION NOTICE
Employers must obtain and keep in effect workers’ compensation coverage for their
employees; there must be no lapse in coverage even when switching insurance carriers. The
law requires almost all employers operating in New York State to have workers’ compensation
and disability coverage for their employees. This requirement can be fullled by purchasing
insurance coverage through an insurance carrier or by obtaining authorization from the Board
to be self-insured.
Employers must post a notice of workers’ compensation coverage and employee rights.
This notice is in a form prescribed by the Workers’ Compensation Board. Employers obtain
the notice from their insurance carrier or, if self-insured, from the Board. The notice includes
the name and address of the insurance carrier and the policy number of the employer. It
must be posted in a conspicuous place in the employer’s place of business. Violations of this
requirement can result in a ne of up to $250 per violation.
17 New York Labor Laws
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DISABILITY BENEFITS LAW
An employer who has had in New York State employment 1 or more employees on each of
at least 30 days in any calendar year shall be a “covered employer” subject to the Disability
Benets Law after the expiration of 4 weeks following the 30th day of such employment.
These 30 days of employment need not be consecutive days but must be work days of
employment in one calendar year. In addition to the above-stated provisions, effective
January 1, 1984, employers of personal or domestic employees in a private home are subject
if they employ at least one employee who works 40 or more hours per week for that one
employer. (NOTE: Prior to January 1, 1984, employers are subject only if they have 4 or more
employees.) Each covered employer must post and maintain conspicuously at the place or
places of business a prescribed form, Notice of Compliance, stating the provisions have been
made for the payment of Disability Benets to all eligible employees. To obtain the Notice of
Compliance, please contact your Disability Insurance Carrier.
18 New York Labor Laws
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NEW YORK CORRECTION LAW ARTICLE 23-A
NEW YORK CORRECTION LAW ARTICLE 23-A LICENSURE AND EMPLOYMENTOF PERSONS PREVIOUSLYCONVICTED OF ONE
OR MORE CRIMINAL OFFENSES
Section 750. Denitions. 751. Applicability. 752. Unfair discrimination against persons previously convicted of one or more
criminal offenses prohibited. 753. Factors to be considered concerning a previous criminal conviction; presumption. 754. Written
statement upon denial of license or employment. 755. Enforcement. §750. Denitions. For the purposes of this article, the
following terms shall have the following meanings: (1) “Public agency” means the state or any local subdivision thereof, or any
state or local department, agency, board or commission. (2) “Private employer” means any person, company, corporation, labor
organization or association which employs ten or more persons. (3) “Direct relationship” means that the nature of criminal
conduct for which the person was convicted has a direct bearing on his tness or ability to perform one or more of the duties
or responsibilities necessarily related to the license, opportunity, or job in question. (4) “License” means any certicate, license,
permit or grant of permission required by the laws of this state, its political subdivisions or instrumentalities as a condition for
the lawful practice of any occupation, employment, trade, vocation, business, or profession. Provided, however, that “license”
shall not, for the purposes of this article, include any license or permit to own, possess, carry, or re any explosive, pistol,
handgun, rie, shotgun, or other rearm. (5) “Employment” means any occupation, vocation or employment, or any form of
vocational or educational training. Provided, however, that “employment” shall not, for the purposes of this article, include
membership in any law enforcement agency. §751. Applicability. The provisions of this article shall apply to any application by
any person for a license or employment at any public or private employer, who has previously been convicted of one or more
criminal offenses in this state or in any other jurisdiction, and to any license or employment held by any person whose conviction
of one or more criminal offenses in this state or in any other jurisdiction preceded such employment or granting of a license,
except where a mandatory forfeiture, disability or bar to employment is imposed by law, and has not been removed by an
executive pardon, certicate of relief from disabilities or certicate of good conduct. Nothing in this article shall be construed
to affect any right an employer may have with respect to an intentional misrepresentation in connection with an application for
employment made by a prospective employee or previously made by a current employee. §752. Unfair discrimination against
persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, and
no employment or license held by an individual, to which the provisions of this article are applicable, shall be denied or acted
upon adversely by reason of the individual’s having been previously convicted of one or more criminal offenses, or by reason
of a nding of lack of “good moral character” when such nding is based upon the fact that the individual has previously been
convicted of one or more criminal offenses, unless: (1) There is a direct relationship between one or more of the previous
criminal offenses and the specic license or employment sought or held by the individual; or (2) the issuance or continuation
of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the
safety or welfare of specic individuals or the general public. §753. Factors to be considered concerning a previous criminal
conviction; presumption. 1. In making a determination pursuant to section seven hundred fty-two of this chapter, the public
agency or private employer shall consider the following factors: (a) The public policy of this state, as expressed in this act, to
encourage the licensure and employment of persons previously convicted of one or more criminal offenses. (b) The specic
duties and responsibilities necessarily related to the license or employment sought or held by the person. (c) The bearing, if
any, the criminal offense or offenses for which the person was previously convicted will have on his tness or ability to perform
one or more such duties or responsibilities. (d) The time which has elapsed since the occurrence of the criminal offense or
offenses. (e) The age of the person at the time of occurrence of the criminal offense or offenses. (f) The seriousness of the
offense or offenses. (g) Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and
good conduct. (h) The legitimate interest of the public agency or private employer in protecting property, and the safety and
welfare of specic individuals or the general public. 2. In making a determination pursuant to section seven hundred fty-two
of this chapter, the public agency or private employer shall also give consideration to a certicate of relief from disabilities or
a certicate of good conduct issued to the applicant, which certicate shall create a presumption of rehabilitation in regard to
the offense or offenses specied therein. §754. Written statement upon denial of license or employment. At the request of any
person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency
or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial.
§755. Enforcement. 1. In relation to actions by public agencies, the provisions of this article shall be enforceable by a proceeding
brought pursuant to article seventy-eight of the civil practice law and rules. 2. In relation to actions by private employers, the
provisions of this article shall be enforceable by the division of human rights pursuant to the powers and procedures set forth in
article fteen of the executive law, and, concurrently, by the New York city commission on human rights.
19 New York Labor Laws
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UNEMPLOYMENT INSURANCE
WE ARE YOUR DOL
Unemployment Insurance
Division
Notice to Employees
Employees of this rm: you are covered by the New York State Unemployment Insurance Law.
o Your employer may not deduct from your wages for this purpose.
If you are laid o, work less than four days a week, or resign:
o Get a “Record of Employment, form from your employer. Keep it for your records to use if you le
forUnemployment Insurance benets.
o The “Record of Employment form must have your employers name, registration number, and address where payroll
recordsare kept.
To le an application for Unemployment Insurance:
o Call the Telephone Claims Center at (888) 209-8124 (translation services are available) or
o Go to our website at www.labor.ny.gov
o Hearing impaired individuals who have telephone Device for the Deaf (TTY/TDD) equipment may le a claim by
calling arelay operator at (800) 662-1220 and requesting the operator call (888) 783-1370. Service at this number is
provided onlyto callers using TDD equipment.
To Employer: You must post this poster conspicuously in each workplace.
Employers who utilize the ll-in version of this poster certify to the completeness and accuracy of the legal name,
address and Employer Registration # displayed. For additional posters, write to the: New York State Department of Labor,
Liability and Determination Section, Harriman State Oce Campus, Albany, NY 12226.
Equal Opportunity Employer/Program – Auxiliary aids and services are available upon request to individuals with disabilities.
IA 133 (04/23)
Employer Legal Name:
Address:
Employer Registration (ER) #:
20 New York Labor Laws
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DISCRIMINATION
1-888-392-3644
WWW.DHR.NY.GOV
THIS ESTABLISHMENT IS SUBJECT TO THE NEW YORK STATE HUMAN RIGHTS LAW (EXECUTIVE LAW, ARTICLE 15)
DISCRIMINATION BASED UPON AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY
STATUS, SEX, PREGNANCY, GENDER IDENTITY OR EXPRESSION, DISABILITY OR MARITAL STATUS IS PROHIBITED BY
THE NEW YORK STATE HUMAN RIGHTS LAW. SEXUAL HARASSMENT OR HARASSMENT BASED UPON ANY OF THESE
PROTECTED CLASSES ALSO IS PROHIBITED.
ALL EMPLOYERS (until February 8, 2020, only employers with 4 or more employees are covered), EMPLOYMENT
AGENCIES, LABOR ORGANIZATIONS AND APPRENTICESHIP TRAINING PROGRAMS
Also prohibited: discrimination in employment on the basis of Sabbath observance or religious practices; hairstyles associated
with race (also applies to all areas listed below); prior arrest or conviction record; predisposing genetic characteristics; familial
status; pregnancy-related conditions; domestic violence victim status.
Reasonable accommodations for persons with disabilities and pregnancy-related conditions including lactation may be
required. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability
to perform the essential functions of a job in a reasonable manner.
Also covered: domestic workers are protected from harassment and retaliation; interns and nonemployees working in the
workplace (for example temp or contract workers) are protected from all discrimination described above.
RENTAL, LEASE OR SALE OF HOUSING, LAND AND COMMERCIAL SPACE, INCLUDING ACTIVITIES OF REAL ESTATE
BROKERS AND SALES PEOPLE
Also prohibited: discrimination on the basis of lawful source of income (for example housing vouchers, disability benets,
child support); familial status (families with children or being pregnant); prior arrest or sealed conviction; commercial
boycotts or blockbusting Reasonable accommodations and modications for persons with disabilities may also be required.
Does not apply to:
(1) rental of an apartment in an owner-occupied two-family house
(2) restrictions of all rooms in a housing accommodation to individuals of the same sex
(3) rental of a room by the occupant of a house or apartment
(4) sale, rental, or lease of accommodations of housing exclusively to persons 55 years of age or older, and the spouse of such
persons
ALL CREDIT TRANSACTIONS INCLUDING FINANCING FOR PURCHASE, MAINTENANCE AND REPAIR OF HOUSING
PLACES OF PUBLIC ACCOMMODATION SUCH AS RESTAURANTS, HOTELS, HOSPITALS AND MEDICAL OFFICES, CLUBS,
PARKS AND GOVERNMENT OFFICES
Exception: Age is not a covered classication relative to public accommodations. Reasonable accommodations for persons
with disabilities may also be required.
EDUCATION INSTITUTIONS
All public schools and private nonprot schools, at all education levels, excluding those run by religious organizations.
ADVERTISING AND APPLICATIONS RELATING TO EMPLOYMENT, REAL ESTATE, PLACES OF PUBLIC ACCOMMODATION
AND CREDIT TRANSACTIONS MAY NOT EXPRESS ANY DISCRIMINATION
If you wish to le a formal complaint with the Division of Human Rights, you must do so within one year after the discrimination
occurred. The Division’s services are provided free of charge.
If you wish to le a complaint in State Court, you may do so within three years of the discrimination. You may not le both
with the Division and the State Court.
Retaliation for ling a complaint or opposing discriminatory practices is prohibited. You may le a complaint with
the Division if you have been retaliated against.
FOR FURTHER INFORMATION, WRITE OR CALL THE DIVISION’S NEAREST OFFICE. HEADQUARTERS: ONE FORDHAM PLAZA,
4TH FLOOR, BRONX, NY 10458
21 New York Labor Laws
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DISCRIMINACIÓN
1-888-392-3644
WWW.DHR.NY.GOV
ESESTE ESTABLECIMIENTO ESTÁ SUJETO A LA LEY DE DERECHOS HUMANOS DEL ESTADO DE NUEVA YORK (LEY EJECUTIVA, SECCIÓN 15)
LA LEY DE DERECHOS HUMANOS DEL ESTADO DE NUEVA YORK PROHÍBE LA DISCRIMINACIÓN POR EDAD, RAZA,
CREDO, COLOR, ORIGEN NACIONAL, ORIENTACIÓN SEXUAL, ESTATUS MILITAR, SEXO, EMBARAZO, IDENTIDAD O
EXPRESIÓN DE GÉNERO, DISCAPACIDAD O ESTADO CIVIL. TAMBIÉN ESTÁ PROHIBIDO EL ACOSO SEXUAL O EL ACOSO
POR CUALQUIERA DE ESTAS CLASES PROTEGIDAS.
TODOS LOS EMPLEADORES (hasta el 8 de febrero de 2020, solo los empleadores de cuatro o más personas), AGENCIAS DE
EMPLEO, ORGANIZACIONES DE TRABAJO Y PROGRAMAS DE CAPACITACIÓN DE APRENDICES
Asimismo, está prohibida la discriminación en el empleo sobre la base de la observancia del Shabat o prácticas religiosas; peinados
asociados con la raza (también se aplica a las áreas enumeradas a continuación) arresto previo o antecedentes penales; las características
genéticas predisponentes; el estado civil; las condiciones relacionadas con el embarazo.
Es posible que sea necesario hacer acomodos razonables para personas con discapacidades y condiciones relacionadas con el
embarazo incluyendo lactación. Un arreglo razonable es una adaptación a un trabajo o entorno laboral que permita que una persona
con discapacidad realice las tareas esenciales de un trabajo de manera razonable.
También están cubiertos: trabajadores domésticos están protegidos en casos acoso y represalias; internos y no empleados cuales
trabajan en el lugar de trabajo (por ejemplo trabajadores temporarios o contratantes) están protegidos de toda discriminación
descrita arriba.
ALQUILER, ARRENDAMIENTO O VENTA DE VIVIENDA, TERRENO O ESPACIO COMERCIAL INCLUYENDO ACTIVIDADES DE
AGENTE DE BIENES RAÍCES Y VENDEDORES
También esta prohibido: la discriminación a base de fuente de ingreso legal (por ejemplo vales, benecios de discapacidad, manutención
de niños); estado familiar (familias con niños o en estado de embarazo); arresto previo o condena sellada; boicot comercial o acoso
inmobiliario.
También es posible que sea necesario realizar modicaciones y arreglos razonables para personas con discapacidades.
Excepciones:
(1) alquiler de un apartamento en una casa para dos familias ocupada por el dueño
(2) restricciones de todas las habitaciones en una vivienda para individuos del mismo sexo
(3) alquiler de una habitación por parte del ocupante de una casa o apartamento
(4) venta, alquiler o arrendamiento de alojamiento en una casa exclusivamente a personas mayores de 55 años y al cónyuge de dichas
personas
También se prohíbe: discriminación en vivienda sobre la base del estado civil (por ejemplo, familias con hijos).
TODAS TRANSACCIONES CREDITICIAS INCLUYENDO FINANCIAMENTO PARA LA COMPRA, MANTENIMIENTO Y REPARACION
DE VIVIENDAS
LUGARES DE ALOJAMIENTO PÚBLICO, COMO RESTAURANTES, HOTELES, HOSPITALES Y CONSULTORIOS MÉDICOS, CLUBS,
PARQUES Y OFFICINAS DEL GOBIERNO.
Excepción:
La edad no es una clasicación cubierta respecto a los alojamientos públicos. Es posible que sea necesario realizar arreglos razonables
para personas con discapacidades.
INSTITUCIONES EDUCATIVAS
Todas las escuelas publicas y escuelas privadas sin ánimo de lucro, en todos los niveles, excluyendo escuelas dirigidas por organizaciones
religiosas.
PUBLICIDAD Y SOLICITUDES RELACIONADAS CON EL EMPLEO, LOS INMUEBLES, LOS LUGARES DE ALOJAMIENTO PÚBLICO Y
LAS TRANSACCIONES CREDITICIAS NO DEBEN EXPRESAR NINGUN ACTO DISCRIMINATORIO
Si desea presentar una demanda formal ante la División de Derechos Humanos, debe hacerlo dentro de un año desde que ocurra la
discriminación. Los servicios de la División se ofrecen sin cargo.
Si desea presentar una demanda ante el Tribunal Estatal, puede hacerlo dentro de los tres años desde que ocurriera la discriminación.
No puede presentar una demanda ante la División y ante el Tribunal Estatal.
Se prohíben las represalias por presentar una demanda u oponerse a prácticas discriminatorias. Puede presentar una
demanda ante la División si sufrió represalias.
PARA OBTENER MÁS INFORMACIÓN, ESCRIBA O LLAME A LA OFICINA MÁS CERCANA DE LA DIVISIÓN. OFICINA CENTRAL: ONE
FORDHAM PLAZA. 4TH FLOOR, BRONX, NY 10458
22 New York Labor Laws
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NEW YORK ELECTRONIC MONITORING POSTER
STATE OF NEW YORK
An employee shall be advised that any and
all telephone conversations or transmissions,
electronic mail or transmissions, or internet
access or usage by an employee by any electronic
device or system, including but not limited to
the use of a computer, telephone, wire, radio or
electromagnetic, photoelectronic or photo-optical
systems may be subject to monitoring at any and
all times and by any lawful means.
ESTADO DE NUEVA YORK
Se informará a un empleado que todas y cada una
de las conversaciones o transmisiones telefónicas,
correo electrónico o transmisiones, o acceso o uso de
Internet por parte de un empleado mediante cualquier
dispositivo o sistema electrónico, incluyendo, entre
otros, el uso de una computadora, teléfono, cable,
radio o sistemas electromagnéticos, fotoelectrónicos
o fotoópticos pueden ser objeto de vigilancia en todo
momento y por cualquier medio lícito.
23
New York Labor Laws
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DISCRIMINATION AGAINST CERTAIN ACTIVITIES
New York Labor Law
§ 201-d. Discrimination against the engagement in certain activities.
1. Denitions. As used in this section:
a. “Political activities” shall mean (i) running for public oce, (ii) campaigning
for a candidate for public oce, or (iii) participating in fund-raising activities
for the benet of a candidate, political party or political advocacy group;
b. “Recreational activities” shall mean any lawful, leisure-time activity, for
which the employee receives no compensation and which is generally
engaged in for recreational purposes, including but not limited to sports,
games, hobbies, exercise, reading and the viewing of television, movies
and similar material;
c. Work hours” shall mean, for purposes of this section, all time, including
paid and unpaid breaks and meal periods, that the employee is suered,
permitted or expected to be engaged in work, and all time the employee
is actually engaged in work. This denition shall not be referred to
in determining hours worked for which an employee is entitled to
compensation under any law including article nineteen of this chapter;
d. “Political matters shall mean matters relating to elections for political
oce, political parties, legislation, regulation and the decision to join or
support any political party or political, civic, community, fraternal or labor
organization;
e. “Religious matters shall mean matters relating to religious aliation and
practice and the decision to join or support any religious organization or
association.
2. Unless otherwise provided by law, it shall be unlawful for any employer or
employment agency to refuse to hire, employ or license, or to discharge from
employment or otherwise discriminate against an individual in compensation,
promotion or terms, conditions or privileges of employment because of:
a. an individual’s political activities outside of working hours, o of the
employer’s premises and without use of the employer’s equipment or other
property, if such activities are legal, provided, however, that this paragraph
shall not apply to persons whose employment is dened in paragraph
six of subdivision (a) of section seventy-nine-h of the civil rights law, and
provided further that this paragraph shall not apply to persons who would
otherwise be prohibited from engaging in political activity pursuant to
chapter 15 of title 5 and subchapter III of chapter 73 of title 5 of the USCA;
b. an individual’s legal use of consumable products, including cannabis in
accordance with state law, prior to the beginning or after the conclusion of
the employees work hours, and o of the employers premises and without
use of the employer’s equipment or other property;
c. an individual’s legal recreational activities, including cannabis in accordance
with state law, outside work hours, o of the employer’s premises and
without use of the employer’s equipment or other property;
d. an individual’s membership in a union or any exercise of rights granted
under Title 29, USCA, Chapter 7 or under article fourteen of the civil service
law; or
e. an individual’s refusal to: (i) attend an employer-sponsored meeting with
the employer or its agent, representative or designee, the primary purpose
of which is to communicate the employers opinion concerning religious
or political matters; or (ii) listen to speech or view communications, the
primary purpose of which is to communicate the employer’s opinion
concerning religious or political matters.
3. The provisions of subdivision two of this section shall not be deemed to
protect activity which:
a. creates a material conict of interest related to the employer’s trade secrets,
proprietary information or other proprietary or business interest;
b. with respect to employees of a state agency as dened in sections seventy-
three and seventy-four of the public ocers law respectively, is in knowing
violation of subdivision two, three, four, ve, seven, eight or twelve of
section seventy-three or of section seventy-four of the public ocers law,
or of any executive order, policy, directive, or other rule which has been
issued by the attorney general regulating outside employment or activities
that could conict with employees performance of their ocial duties;
c. with respect to employees of any employer as dened in section twenty-
seven-a of this chapter, is in knowing violation of a provision of a collective
bargaining agreement concerning ethics, conicts of interest, potential
conicts of interest, or the proper discharge of ocial duties;
d. with respect to employees of any employer as dened in section twenty-
seven-a of this chapter who are not subject to section seventy-three or
seventy-four of the public ocers law, is in knowing violation of article
eighteen of the general municipal law or any local law, administrative code
provision, charter provision or rule or directive of the mayor or any agency
head of a city having a population of one million or more, where such
law, code provision, charter provision, rule or directive concerns ethics,
conicts of interest, potential conicts of interest, or the proper discharge
of ocial duties and otherwise covers such employees; and
e. with respect to employees other than those of any employer as dened
in section twenty-seven-a of this chapter, violates a collective bargaining
agreement or a certied or licensed professional’s contractual obligation to
devote his or her entire compensated working hours to a single employer,
provided however that the provisions of this paragraph shall apply only
to professionals whose compensation is at least fty thousand dollars
for the year nineteen hundred ninety-two and in subsequent years is
an equivalent amount adjusted by the same percentage as the annual
increase or decrease in the consumer price index.
4. Notwithstanding the provisions of subdivision three of this section, an
employer shall not be in violation of this section where the employer takes
action based on the belief either that: (i) the employer’s actions were required
by statute, regulation, ordinance or other governmental mandate, (ii) the
employer’s actions were permissible pursuant to an established substance
abuse or alcohol program or workplace policy, professional contract or
collective bargaining agreement, or (iii) the individual’s actions were deemed
by an employer or previous employer to be illegal or to constitute habitually
poor performance, incompetency or misconduct.
4-a. Notwithstanding the provisions of subdivision three or four of this section,
an employer shall not be in violation of this section where the employer
takes action related to the use of cannabis based on the following:
(i) the employers actions were required by state or federal statute, regulation,
ordinance, or other state or federal governmental mandate;
(ii) the employee is impaired by the use of cannabis, meaning the employee
manifests specic articulable symptoms while working that decrease or
lessen the employees performance of the duties or tasks of the employee’s
job position, or such specic articulable symptoms interfere with an
employer’s obligation to provide a safe and healthy work place, free from
recognized hazards, as required by state and federal occupational safety
and health law; or
(iii) the employer’s actions would require such employer to commit any act
that would cause the employer to be in violation of federal law or would
result in the loss of a federal contract or federal funding.
5. Nothing in this section shall apply to persons who, on an individual basis,
have a professional service contract with an employer and the unique nature
of the services provided is such that the employer shall be permitted, as part
of such professional service contract, to limit the o-duty activities which may
be engaged in by such individual.
6. Nothing in this section shall prohibit an organization or employer from
oering, imposing or having in eect a health, disability or life insurance
policy that makes distinctions between employees for the type of coverage or
the price of coverage based upon the employees’ recreational activities or use
of consumable products, provided that dierential premium rates charged
employees reect a dierential cost to the employer and that employers
provide employees with a statement delineating the dierential rates used by
the carriers providing insurance for the employer, and provided further that
such distinctions in type or price of coverage shall not be utilized to expand,
limit or curtail the rights or liabilities of any party with regard to a civil cause
of action.
7. a. Where a violation of this section is alleged to have occurred, the attorney
general may apply in the name of the people of the state of New York for
an order enjoining or restraining the commission or continuance of the
alleged unlawful acts. In any such proceeding, the court may impose a civil
penalty in the amount of three hundred dollars for the rst violation and
ve hundred dollars for each subsequent violation.
b. In addition to any other penalties or actions otherwise applicable pursuant
to this chapter, where a violation of this section is alleged to have occurred,
an aggrieved individual may commence an action for equitable relief and
damages.
8. Nothing in this section shall prohibit: (i) an employer or its agent, representative
or designee from communicating to its employees any information that the
employer is required by law to communicate, but only to the extent of such
legal requirement; (ii) an employer or its agent, representative or designee
from communicating to its employees any information that is necessary
for such employees to perform their job duties; (iii) an institution of higher
education, or any agent, representative or designee of such institution, from
meeting with or participating in any communications with its employees
that are part of coursework, any symposia or an academic program at such
institution; (iv) casual conversations between employees or between an
employee and an agent, representative or designee of an employer, provided
participation in such conversations is not required; or (v) a requirement
limited to the employer’s managerial and supervisory employees.
9. The provisions of this section shall not apply to a religious corporation,
entity, association, educational institution or society that is exempt from the
requirements of Title VII of the Civil Rights Act of 1964 pursuant to 42 USC
2000e-1(a) with respect to speech on religious matters to employees who
perform work connected with the activities undertaken by such religious
corporation, entity, association, educational institution or society.
10. Every employer shall post a sign in every workplace at the location or
locations where notices to employees are normally posted, to inform
employees of their rights pursuant to this section.
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FEDERAL MINIMUM WAGE
The law requires employers to display this poster where employees can readily see it.
OVERTIME PAY At least 1 ½ times your regular rate of pay for all hours worked over 40 in a workweek.
CHILD LABOR An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in
non-farm jobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may work outside school
hours in various non-manufacturing, non-mining, non-hazardous jobs with certain work hours restrictions. Different
rules apply in agricultural employment.
TIP CREDIT Employers of “tipped employees who meet certain conditions may claim a partial wage credit based on
tips received by their employees. Employers must pay tipped employees a cash wage of at least $2.13 per hour if they
claim a tip credit against their minimum wage obligation. If an employee’s tips combined with the employer’s cash
wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference.
NURSING MOTHERS The FLSA requires employers to provide reasonable break time for a nursing mother employee
who is subject to the FLSAs overtime requirements in order for the employee to express breast milk for her nursing
child for one year after the child’s birth each time such employee has a need to express breast milk. Employers are
also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from
coworkers and the public, which may be used by the employee to express breast milk.
ENFORCEMENT The Department has authority to recover back wages and an equal amount in liquidated damages
in instances of minimum wage, overtime, and other violations. The Department may litigate and/or recommend
criminal prosecution. Employers may be assessed civil money penalties for each willful or repeated violation of the
minimum wage or overtime pay provisions of the law. Civil money penalties may also be assessed for violations of
the FLSAs child labor provisions. Heightened civil money penalties may be assessed for each child labor violation
that results in the death or serious injury of any minor employee, and such assessments may be doubled when the
violations are determined to be willful or repeated. The law also prohibits retaliating against or discharging workers
who file a complaint or participate in any proceeding under the FLSA.
ADDITIONAL INFORMATION
Certain occupations and establishments are exempt from the minimum wage, and/or overtime pay provisions.
Certain narrow exemptions also apply to the pump at work requirements.
Special provisions apply to workers in American Samoa, the Commonwealth of the Northern Mariana Islands,
and the Commonwealth of Puerto Rico.
Some state laws provide greater employee protections; employers must comply with both.
Some employers incorrectly classify workers as “independent contractors” when they are actually employees
under the FLSA. It is important to know the difference between the two because employees (unless exempt) are
entitled to the FLSAs minimum wage and overtime pay protections and correctly classified independent
contractors are not.
Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the
minimum wage under special certificates issued by the Department of Labor.
EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT
BEGINNING
JULY 24, 2009
PER HOUR
$7.25
FEDERAL MINIMUM WAGE
WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR
1-866-487-9243
www.dol.gov/agencies/whd
WH1088 REV 04/23
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EEOC - Know Your Rights: Workplace Discrimination is Illegal
Who is Protected?
Employees (current and former), including
managers and temporary employees
Job applicants
Union members and applicants for membership
in a union
What Organizations are Covered?
Most private employers
State and local governments (as employers)
Educational institutions (as employers)
Unions
Stang agencies
What Types of Employment Discrimination are
Illegal?
Under the EEOC’s laws, an employer may not
discriminate against you, regardless of your
immigration status, on the bases of:
Race
Color
Religion
National origin
Sex (including pregnancy, childbirth, and related
medical conditions, sexual orientation, or gender
identity)
Age (40 and older)
Disability
Genetic information (including employer requests
for, or purchase, use, or disclosure of genetic tests,
genetic services, or family medical history)
Retaliation for ling a charge, reasonably opposing
discrimination, or participating in a discrimination
lawsuit, investigation, or proceeding
Interference, coercion, or threats related to
exercising rights regarding disability discrimination
or pregnancy accommodation
What Employment Practices can be Challenged
as Discriminatory?
All aspects of employment, including:
Discharge, ring, or lay-o
Harassment (including unwelcome verbal or
physical conduct)
Hiring or promotion
Assignment
Pay (unequal wages or compensation)
Failure to provide reasonable accommodation for a
disability; pregnancy, childbirth, or related medical
condition; or a sincerely-held religious belief,
observance or practice
Benets
Job training
Classication
Referral
Obtaining or disclosing genetic information of
employees
Requesting or disclosing medical information of
employees
Conduct that might reasonably discourage
someone from opposing discrimination, ling a
charge, or participating in an investigation
or proceeding
Conduct that coerces, intimidates, threatens, or
interferes with someone exercising their rights,
or someone assisting or encouraging someone
else to exercise rights, regarding disability
discrimination (including accommodation) or
pregnancy accommodation
What can You Do if You Believe Discrimination
has Occurred?
Contact the EEOC promptly if you suspect
diascrimination. Do not delay, because there are
strict time limits for ling a charge of discrimination
(180 or 300 days, depending on where you
live/work). You can reach the EEOC in any of the
following ways:
Submit an inquiry through the EEOCs public portal:
https://publicportal.eeoc.gov/Portal/Login.aspx
Call 1–800–669–4000 (toll free)
1–800–669–6820 (TTY)
1–844–234–5122 (ASL video phone)
Visit an EEOC eld oce
(information at
www.eeoc.gov/eld-oce)
Additional information about the
EEOC, including information about
ling a charge of discrimination, is available at
www.eeoc.gov.
Know Your Rights: Workplace Discrimination is Illegal
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from discrimination in
employment. If you believe you’ve been discriminated against at work or in applying for a job, the EEOC may be able to help.
The Department of Labors Oce of Federal Contract Compliance Programs
(OFCCP) enforces the nondiscrimination and armative action commitments of
companies doing business with the Federal Government. If you are applying for a
job with, or are an employee of, a company with a Federal contract or subcontract,
you are protected under Federal law from discrimination on the following bases:
Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, National
Origin Executive Order 11246, as amended, prohibits employment discrimination
by Federal contractors based on race, color, religion, sex, sexual orientation, gender
identity, or national origin, and requires armative action to ensure equality of
opportunity in all aspects of employment.
Asking About, Disclosing, or Discussing Pay Executive Order 11246, as
amended, protects applicants and employees of Federal contractors from
discrimination based on inquiring about, disclosing, or discussing their
compensation or the compensation of other applicants or employees.
Disability Section 503 of the Rehabilitation Act of 1973, as amended, protects
qualied individuals with disabilities from discrimination in hiring, promotion,
discharge, pay, fringe benets, job training, classication, referral, and other aspects
of employment by Federal contractors. Disability discrimination includes not
making reasonable accommodation to the known physical or mental limitations
of an otherwise qualied individual with a disability who is an applicant or
employee, barring undue hardship to the employer. Section 503 also requires that
Federal contractors take armative action to employ and advance in employment
qualied individuals with disabilities at all levels of employment, including the
executive level.
Protected Veteran Status The Vietnam Era Veterans’ Readjustment Assistance
Act of 1974, as amended, 38 U.S.C. 4212, prohibits employment discrimination
against, and requires armative action to recruit, employ, and advance in
employment, disabled veterans, recently separated veterans (i.e., within
three years of discharge or release from active duty), active duty wartime or
campaign badge veterans, or Armed Forces service medal veterans.
Retaliation Retaliation is prohibited against a person who les a complaint
of discrimination, participates in an OFCCP proceeding, or otherwise opposes
discrimination by Federal contractors under these Federal laws. Any person who
believes a contractor has violated its nondiscrimination or armative action
obligations under OFCCP’s authorities should contact immediately:
The Oce of Federal Contract Compliance Programs (OFCCP)
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D.C. 20210
1–800–397–6251 (toll-free)
If you are deaf, hard of hearing, or have a speech disability, please dial 7–1–1
to access telecommunications relay services. OFCCP may also be contacted by
submitting a question online to OFCCP’s Help Desk at
https://ofccphelpdesk.dol.gov/s/, or by calling an OFCCP regional or district oce,
listed in most telephone directories under U.S. Government, Department of
Labor and on OFCCP’s “Contact Us” webpage at
https://www.dol.gov/agencies/ofccp/contact.
EMPLOYERS HOLDING FEDERAL CONTRACTS OR SUBCONTRACTS
PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Race, Color, National Origin, Sex In addition to the protections of Title VII of the Civil
Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended,
prohibits discrimination on the basis of race, color or national origin in programs
or activities receiving Federal nancial assistance. Employment discrimination is
covered by Title VI if the primary objective of the nancial assistance is provision
of employment, or where employment discrimination causes or may cause
discrimination in providing services under such programs. Title IX of the Education
Amendments of 1972 prohibits employment discrimination on the basis of sex in
educational programs or activities which receive Federal nancial assistance.
Individuals with Disabilities Section 504 of the Rehabilitation Act of 1973, as
amended, prohibits employment discrimination on the basis of disability in any
program or activity which receives Federal nancial assistance. Discrimination is
prohibited in all aspects of employment against persons with disabilities who,
with or without reasonable accommodation, can perform the essential functions
of the job. If you believe you have been discriminated against in a program of any
institution which receives Federal nancial assistance, you should immediately
contact the Federal agency providing such assistance.
(Revised 6/27/2023)
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FMLA | FAMILY AND MEDICAL LEAVE ACT
Your Employee Rights Under the Family and Medical Leave Act
What is FMLA leave? The Family and Medical Leave Act (FMLA) is a
federal law that provides eligible employees with job-protected leave
for qualifying family and medical reasons. The U.S. Department of Labors
Wage and Hour Division (WHD) enforces the FMLA for most employees.
Eligible employees can take up to 12 workweeks of FMLA leave in a
12-month period for:
The birth, adoption or foster placement of a child with you,
Your serious mental or physical health condition that makes you
unable to work,
To care for your spouse, child or parent with a serious mental or
physical health condition, and
Certain qualifying reasons related to the foreign deployment of your
spouse, child or parent who is a military servicemember.
An eligible employee who is the spouse, child, parent or next of kin of
a covered servicemember with a serious injury or illness may take up
to 26 workweeks of FMLA leave in a single 12-month period to care for
the servicemember.
You have the right to use FMLA leave in one block of time. When it is
medically necessary or otherwise permitted, you may take FMLA leave
intermittently in separate blocks of time, or on a reduced schedule
by working less hours each day or week. Read Fact Sheet #28M(c) for
more information.
FMLA leave is not paid leave, but you may choose, or be required by
your employer, to use any employer-provided paid leave if your
employer’s paid leave policy covers the reason for which you need
FMLA leave.
Am I eligible to take FMLA leave? You are an eligible
employee if all of the following apply:
You work for a covered employer,
You have worked for your employer at least 12 months,
You have at least 1,250 hours of service for your employer during the
12 months before your leave, and
Your employer has at least 50 employees within 75 miles of your
work location.
Airline flight crew employees have different “hours of service
requirements.
You work for a covered employer if one of the following applies:
You work for a private employer that had at least 50 employees
during at least 20 workweeks in the current or previous calendar year,
You work for an elementary or public or private secondary school, or
You work for a public agency, such as a local, state or federal
government agency. Most federal employees are covered by Title II of
the FMLA, administered by the Office of Personnel Management.
How do I request FMLA leave? Generally, to request FMLA
leave you must:
Follow your employer’s normal policies for requesting leave,
Give notice at least 30 days before your need for FMLA leave, or
If advance notice is not possible, give notice as soon as possible.
You do not have to share a medical diagnosis but must provide
enough information to your employer so they can determine whether
the leave qualifies for FMLA protection. You must also inform your
employer if FMLA leave was previously taken or approved for the
same reason when requesting additional leave.
Your employer may request certification from a health care provider
to verify medical leave and may request certification of a qualifying
exigency.
The FMLA does not affect any federal or state law prohibiting
discrimination or supersede any state or local law or collective
bargaining agreement that provides greater family or medical leave
rights.
State employees may be subject to certain limitations in pursuit of
direct lawsuits regarding leave for their own serious health conditions.
Most federal and certain congressional employees are also covered by
the law but are subject to the jurisdiction of the U.S. Office of Personnel
Management or Congress.
What does my employer need to do? If you are eligible for
FMLA leave, your employer must:
Allow you to take job-protected time off work for a qualifying reason,
Continue your group health plan coverage while you are on leave on
the same basis as if you had not taken leave, and
Allow you to return to the same job, or a virtually identical job with
the same pay, benefits and other working conditions, including shift
and location, at the end of your leave.
Your employer cannot interfere with your FMLA rights or threaten
or punish you for exercising your rights under the law. For example,
your employer cannot retaliate against you for requesting FMLA leave
or cooperating with a WHD investigation.
After becoming aware that your need for leave is for a reason that may
qualify under the FMLA, your employer must confirm whether you
are eligible or not eligible for FMLA leave. If your employer determines
that you are eligible, your employer must notify you in writing:
About your FMLA rights and responsibilities, and
How much of your requested leave, if any, will be FMLA-protected
leave.
Where can I find more information?
Call 1-866-487-9243 or visit dol.gov/fmla to learn more.
If you believe your rights under the FMLA have been violated, you may
file a complaint with WHD or file a private lawsuit against your
employer in court. Scan the QR code to learn about our WHD
complaint process.
WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR WH1420 REV 04/23
SCAN ME
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USERRA - UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
U.S. Department of Justice
Office of Special Counsel
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Employer Support Of The Guard
And Reserve 1-800-336-4590
U.S. Department of Labor
1-866-487-2365
YOUR RIGHTS UNDER USERRA
THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or
certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present
members of the uniformed services, and applicants to the uniformed services.
REEMPLOYMENT RIGHTS
You have the right to be reemployed in your civilian job if you leave
that job to perform service in the uniformed service and:
you ensure that your employer receives advance written or verbal
notice of your service;
you have ve years or less of cumulative service in the uniformed
services while with that particular employer;
you return to work or apply for reemployment in a timely manner
after conclusion of service; and
you have not been separated from service with a disqualifying
discharge or under other than honorable conditions.
If you are eligible to be reemployed, you must be restored to the job
and benets you would have attained if you had not been absent due
to military service or, in some cases, a comparable job.
RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION
If you:
• are a past or present member of the uniformed service;
• have applied for membership in the uniformed service; or
• are obligated to serve in the uniformed service;
then an employer may not deny you:
• initial employment;
• reemployment;
• retention in employment;
• promotion; or
• any benet of employment
because of this status.
In addition, an employer may not retaliate against anyone assisting
in the enforcement of USERRA rights, including testifying or making a
statement in connection with a proceeding under USERRA, even if that
person has no service connection.
HEALTH INSURANCE PROTECTION
If you leave your job to perform military service, you have the right to
elect to continue your existing employer-based health plan coverage
for you and your dependents for up to 24 months while in the
military.
Even if you don’t elect to continue coverage during your military
service, you have the right to be reinstated in your employer’s health
plan when you are reemployed, generally without any waiting
periods or exclusions (e.g., pre-existing condition exclusions) except
for service-connected illnesses or injuries.
ENFORCEMENT
The U.S. Department of Labor, Veterans Employment and Training
Service (VETS) is authorized to investigate and resolve complaints of
USERRA violations.
For assistance in filing a complaint, or for any other information on
USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at
https://www.dol.gov/agencies/vets/. An interactive online USERRA
Advisor can be viewed at https://webapps.dol.gov/elaws/vets/userra
If you file a complaint with VETS and VETS is unable to resolve it, you
may request that your case be referred to the Department of Justice
or the Office of Special Counsel, as applicable, for representation.
You may also bypass the VETS process and bring a civil action against
an employer for violations of USERRA.
The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet
at this address: https://www.dol.gov/agencies/vets/programs/userra/poster Federal law requires employers to notify employees of their rights
under USERRA, and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees.
Publication Date — May 2022
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EMPLOYEE POLYGRAPH PROTECTION ACT
EMPLOYEE RIGHTS
EMPLOYEE POLYGRAPH PROTECTION ACT
The Employee Polygraph Protection Act prohibits most private employers from using lie
detector tests either for pre-employment screening or during the course of employment.
PROHIBITIONS Employers are generally prohibited from requiring or requesting any employee
or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating
against an employee or prospective employee for refusing to take a test or for exercising other
rights under the Act.
EXEMPTIONS Federal, State and local governments are not affected by the law. Also, the law
does not apply to tests given by the Federal Government to certain private individuals engaged
in national security-related activities. The Act permits polygraph (a kind of lie detector) tests to
be administered in the private sector, subject to restrictions, to certain prospective employees
of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers,
distributors and dispensers. The Act also permits polygraph testing, subject to restrictions, of
certain employees of private firms who are reasonably suspected of involvement in a workplace
incident (theft, embezzlement, etc.) that resulted in economic loss to the employer. The law
does not preempt any provision of any State or local law or any collective bargaining
agreement which is more restrictive with respect to lie detector tests.
EXAMINEE RIGHTS Where polygraph tests are permitted, they are subject to numerous strict
standards concerning the conduct and length of the test. Examinees have a number of specific
rights, including the right to a written notice before testing, the right to refuse or discontinue a
test, and the right not to have test results disclosed to unauthorized persons.
ENFORCEMENT The Secretary of Labor may bring court actions to restrain violations and assess
civil penalties against violators. Employees or job applicants may also bring their own court
actions.
THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB
APPLICANTS CAN READILY SEE IT.
WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR
1-866-487-9243
www.dol.gov/agencies/whd
WH1462 REV 02/22
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OSHA | OCCUPATIONAL SAFETY AND HEALTH ACT
U.S. Department of Labor
All workers have the right to:
A safe workplace.
Raise a safety or health concern
with your employer or OSHA,
or report a work-related injury or
illness, without being retaliated
against.
Receive information and training on
job hazards, including all hazardous
substances in your workplace.
Request a condential OSHA
inspection of your workplace if
you believe there are unsafe or
unhealthy conditions. You have
the right to have a representative
contact OSHA on your behalf.
Participate (or have your
representative participate) in an
OSHA inspection and speak in
private to the inspector.
File a complaint with OSHA within
30 days (by phone, online or by
Employers must:
Provide employees a workplace free
from recognized hazards. It is illegal
to retaliate against an employee for
using any of their rights under the
law, including raising a health and
safety concern with you or with
OSHA, or reporting a work-related
injury or illness.
Comply with all applicable OSHA
standards.
Notify OSHA within 8 hours of
a workplace fatality or within 24
hours of any work-related inpatient
hospitalization, amputation, or loss
of an eye.
Provide required training to
all workers in a language and
vocabulary they can understand.
Prominently display this poster in
the workplace.
Post OSHA citations at or near the
place of the alleged violations.
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OSHA | OCCUPATIONAL SAFETY AND HEALTH ACT (Continued)
Seguridad y Salud en el Trabajo
¡
ES LA LEY!
This poster is available free from OSHA.
1-800-321-OSHA (6742)
TTY 1-877-889-5627
www.osha.gov
Contact OSHA. We can help.
mail) if you have been retaliated
against for using your rights.
See any OSHA citations issued to
your employer.
Request copies of your medical
records, tests that measure
hazards in the workplace, and the
workplace injury and illness log.
On-Site Consultation services are
available to small and medium-
sized employers, without citation or
penalty, through OSHA-supported
consultation programs in every state.
OSHA 3165-04R 2019
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ANTI-DISCRIMINATION NOTICE
It is illegal to discriminate against work
authorized individuals. Employers CANNOT
specify which document(s) they will accept
from an employee. The refusal to hire an
individual because the documents have a
future expiration date may also constitute
illegal discrimination.
For information, please contact
The Oce of Special Counsel for Immigration
Related Unfair Employment Practices Oce at
800-255-7688.
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WITHHOLDING STATUS
Publication 213
(Rev. 8-2009)
Cat. No. 11047P
www.irs.gov
Since you last led form W-4 with your employer did you...
• Marry or divorce?
• Gain or lose a dependent?
• Change your name?
Were there major changes to...
Your non-wage income (interest, dividends, capital gains, etc.)?
Your family wage income (you or your spouse started or ended
a job)?
Your itemized deductions?
Your tax credits?
If you can answer YES”...
To any of these questions or you owed extra tax when you led your
last return, you may need to le a new form W-4. See your employer
for a copy of Form W-4 or call the IRS at 1-800-829-3676.
Now is the time to check your withholding. For more details, get
Publication 919, How Do I Adjust My Tax Withholding?, or use the
Withholding Calculator at: www.irs.gov/individuals on the IRS
website.
Employer: Please post or publish this Bulletin
Board Poster so that your employees will see it.
Please indicate where they can get forms and
information on this subject.
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PAYDAY NOTICE
By: ______________________________________________________________________________________
Title: _____________________________________________________________________________________
Weekly Bi-Weekly Monthly
Other _________________________________________________
Regular Paydays for Employees of
_______________________________________________________________________
(Company Name)
Shall be as follows:
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Acknowledgement Page
Please ll out and submit to employer
PRINT
ACKNOWLEDGEMENT
I certify that I have received and read the contents of the Labor Laws.
Employee Name: _______________________________________________
Date Received: ___________________________
Signature of Recipient: __________________________________________
Comments:
SUBMIT ACKNOWLEDGEMENT