Every employer must be cognizant of its mandate under both federal and state laws when adopting a wage and hour policy in employee handbooks. While it contains several provisions that dictate salary thresholds for overtime exemptions and higher levels of minimum wage, the NYMWA has more stringent demands for employers within New York when it comes to hourly wages and compensation. Another key thing we noted is that the stricter standard should be applied in the case of a conflict between state and federal laws.
Still stuck on the same gear, this blog post reviews key insights into the various general office policies that the law in New York requires to be included in employee handbooks.
New York Labor Law on Complying with General Office Policies in Employee Handbooks
The importance of an employee handbook to an employer cannot be stressed enough. We assert that an employee handbook is one of the most important documents an employer should have at hand because, among other key aspects, it contains the corporate policies, values, rules, and culture of an organization, a business, or a company.
While some are mandated under the law, and others are not, some of the most critical general office policies that should be featured in an employee handbook include, but are not limited to, computer and internet policies, media contact policies, vacation policies, reimbursement policies, dress code policies, working hours, and travel policies. It is critical to note that the state of New York has a number of laws that provide guidelines and offer insights into the responsibilities of both an employer and employee when it comes to some of these policies. This goes without saying that every employer must take proactive steps to understand what the different laws say about these key policies and the elements that should characterize them when being included in employee handbooks.
For instance, as codified under N.Y.C. Admin. Code § 8-102, employers in New York City should be aware that the City prohibits them from enforcing dress codes that impose varying uniform or grooming requirements on the basis of gender. The law requires policies concerning the dress code to be gender-neutral.
Employers in New York should also take caution when including policies regarding personal appearance and grooming in employee handbooks. Title VII of the Civil Rights Act (aka Title VII) does not usually oblige employers to provide employees with exemptions to personal appearance and grooming policies for employees’ religious beliefs. Notably, it has been recognized by courts that, in order to present a workforce that is reasonably professional in appearance to clients or customers, employers have a legitimate interest in upholding grooming standards for employees interacting with clients or customers regularly in the employers’ service to the public.
We also added that it is crucial to note that there may be different requirements under many state laws when it comes to personal appearance and grooming. For instance, as provided for in clause N.Y. Exec. Law § 296(10)(a), employers are required by the New York State Human Rights Law to provide employees with reasonable accommodations with regard to facial hair, clothing, or any attire as per employees’ religious beliefs. Furthermore, it is the duty of employers to engage employees in interactive processes when considering a reasonable accommodation (one that would eliminate the conflict with the employee’s religious beliefs), especially when dealing with personal appearance and grooming policies. This means employers should be aware of such regulations and laws before including policies concerning personal appearance and grooming in employee handbooks.
As noted in the blog mentioned above, it is also worth mentioning that while they could now be a source of religious accommodation claims, hairstyle laws that typically concern race have been added in several states, including New York, California, Colorado, Virginia, and New Jersey. Specifically, New York has, through the executive order N.Y. Exec. Law § 292(37), included traits historically associated with race, such as hairstyle and hair texture, as part of the definition of race in the state’s amendment of the New York State Human Rights Law. Employers in New York must employ these laws and regulations as a guide when creating and including dress code, personal appearance and grooming, and hairstyle policies in employee handbooks.
In Part XI of this series and our blog titled “NY Law on Employee Privacy & Company Devices in the Workplace,” we will review a number of key issues for employers when it comes to employee privacy and company devices in the workplace.
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.