What does New York law say about requiring employers to include a policy providing reasonable pregnancy and lactation accommodations to employees who may need such accommodations? Under N.Y. Exec. Law § 296(3), a New York employer is required to ensure that its employee handbooks contain a policy assuring job applicants or employees that they will be provided with reasonable accommodation for a pregnancy-related condition. Further, as codified under N.Y.C. Admin. Code § 8-107, subd. 22, employers in New York City must include a policy on how to accommodate the lactation needs of nursing mothers.
To move this discussion forward, this blog post examines the requirements of New York law regarding the inclusion of provisions or statements concerning “wage and hour” and benefits in employee handbooks.
New York Labor Law on Wage & Hour and Benefits Requirements in Employee Handbooks
On the one hand, the New York State Labor Law and the federal Fair Labor Standards Act are the most critical laws when it comes to wage and hour issues in New York. New York State’s labor law, called the New York Minimum Wage Act (NYMWA), and the federal FLSA (Fair Labor Standards Act) offer protections for NYC employees when it comes to wage and hour issues.
Importantly, we also added that it is the mandate of the New York State Department of Labor to oversee wage regulations in New York State. The labor department assists in collecting underpayments for workers who have not received the minimum wage. In this case, the collection of funds does not resort to court action. However, while action may also be taken in a civil court, an employer that violates the Minimum Wage Law is subject to penalties and criminal prosecution.
This implies that an employer must be cognizant of its mandate under federal and state laws when adopting a wage and hour policy in employee handbooks. As mentioned in the blog highlighted above, 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. This means that the stricter standard should be adhered to in the case of a conflict between state and federal laws.
On the other hand, employers should be aware of what the law requires when it comes to benefits. For instance, they are generally not required to offer retirement benefits. Nonetheless, the Affordable Care Act (popularly known as Obamacare) offers employees a number of health benefits. However, the size of the employer determines the variations in the requirements for benefits. Additionally, employers who have at least twenty non-union, full-time employees are required by New York City’s Commuter Benefits Law to offer their employees the chance to use pre-tax income to cater to their transportation costs. Notably, they must provide employees with written notices when informing them about the offer to use pre-tax income to cater to their transportation costs.
In Part X of this series and our blog post titled “New York Labor Law on Complying with General Office Policies in Employee Handbooks,” we will provide key insights into the various general office policies that the law in New York requires to be included in employee handbooks.
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.