Employer Coverage under the New York State Human Rights Law (NYSHRL)
- Exemptions
Pursuant to both N.Y. Exec. Law § 292(6) and N.Y. Comp. Codes R. & Regs. tit. 9, § 465.1(k), any person in the domestic service of any individual or under the employment of their child, spouse, or parent(s) is considered and included as an exempted employee. It is crucial to note that, similar to this statute, as mentioned in our previous blog, the NYCHRL is not applicable to individuals employed by their spouses, children, domestic partner(s), or parent(s).
- Types of Employers Covered
Unlike under the NYCHRL, where any employer with 4 individuals as its employees at all times during the duration starting 1 year prior to the beginning and going forward through the end of an unlawful discriminatory act/practice, is not included as a covered employer, there is no applicable state law that governs the types of employers covered under the NYSHRL.
- How to Calculate the Required Number of Employees
Similarly, unlike under the NYCHRL, which is applicable to all employees, freelancers, independent contractors, and interns unless the individual is employed by his or her child/children, domestic partner, spouse, or parent(s), there is no applicable state law that provides how the required count of employees can be calculated.
- Minimum Count of Employees Required to Trigger Employer Coverage
Finally, pursuant to N.Y. Exec. Law § 292(5), the NYSHRL is applicable to employers with at least one employee.
In Part III of this series, we will move this discussion forward by hammering on “Employer Coverage under the New York Equal Pay Act (N.Y. Lab. Law § 194)” in which we will discuss key issues regarding exemptions to the definition of “employee” and “employer,” the types of employers covered, how to calculate the number of employees as required, and the count of employees needed to bring employers under coverage under the New York Equal Pay Act.
As usual, stay tuned for more legal guidance, training, and education.
In the interim, if there are any questions or comments, please let us know at the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer & Author.