Employer Coverage under the New York Equal Pay Act (N.Y. Lab. Law § 194)
- Exemptions
Unlike both the NYCHRL and the NYSHRL, there is no applicable state law that governs who should be included or considered an exempted employee.
- Types of Employers Covered
Nonetheless, unlike it is under both the NYCHRL and the NYSHRL, the types of covered employers under the New York Equal Pay Act include any individual, association, limited liability company (LLC), or corporation employing any person in any service, business, trade, industry, or occupation.
- How to Calculate the Required Number of Employees
Similarly, unlike under the NYCHRL that 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 under the New York Equal Pay Act.
- Minimum Count of Employees Required to Trigger Employer Coverage
Finally, pursuant to N.Y. Lab. Law § 190(3), at least one or more employee(s) is required to bring an employer to coverage under the New York Equal Pay Act.
In Part IV of this series, we will move this discussion forward by hammering on “Employer Coverage under the New York Family Leave Law, N.Y. Workers’ Comp. Law §§ 200 et seq)” 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 Family Leave Law.
As usual, stay tuned for more legal guidance, training, and education.
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Always rising above the bar,
Isaac T.,
Legal Writer & Author.