With regards to our commitment to keeping you in the know, this blog post is part VII of our series “Employer Coverage under Major New York’s Labor & Employment Laws.” One key thing we mentioned in Part VI is that pursuant to N.Y. Lab. Law § 860- a(3), the types of covered employers are restricted to any for-profit or not-for-profit business enterprise, including debtor, trustee, or receiver-in-possession, or other fiduciary responsible for continuing the employer’s operations
At this point, we now shift gears to hammer on employer coverage under the New York Minimum Wage Act.
Employer Coverage under the New York Minimum Wage Act (N.Y. Lab. Law §§ 650 et seq.)
- Exemptions
Pursuant to N.Y. Lab. Law § 651(5) of the New York Minimum Wage Act, employees who are considered exempted include certain persons delivering newspapers and news, certain student employees, children’s camp counselors, certain volunteers at amusement centers or recreational events, certain employees, students, and volunteers at charitable, educational, or religious organizations, taxicab drivers, outside salespersons, bona fide administrative or executive professionals, farm laborers, and part-time, casual babysitters in employer’s home.
- Types of Employers Covered
Pursuant to N.Y. Lab. Law § 651(6), the types of employers covered include groups, legal representatives, business trusts, business organizations, and or individuals acting as employers.
- How to Calculate the Required Number of Employees
Under this statute, there is no applicable state law that provides a method for how the required count of employees can be calculated.
- Minimum Count of Employees Required to Trigger Employer Coverage
Finally, pursuant to N.Y. Lab. Law § 651(6), there is no minimum number of employees in the state required to bring an employer under coverage.
With that, we have concluded our short series on “Employer Coverage under Major New York’s Labor & Employment Laws” and hope that we have provided you with crucial information that will keep you on top of the game when it comes to the issues of coverage under the different statutes discussed throughout the series. At this point, we now shift gear to introduce a new series titled “Key Employment Law Issues for Businesses & Companies in New York,” where, in Part I and our blog post titled “Discrimination & Retaliation under NYSHRL (NYS Human Rights Law),” we will start by hammering on N.Y. employment laws governing discrimination and retaliation and what they say about these key employment issues.
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, & Publisher.