Are you looking for legal representation? How much do you value your time and hard-earned money? Then look no further because whenever you require legal representation, the Law Offices of Vincent Miletti, Esq., the Strongest Name in Law, got your six. We are the authoritative force in Employment & Labor Law, providing diverse legal services in both a traditional and online, web-based environment, whether it be for small or large-scale businesses on a panel or a case-by-case basis. Hitherto, serving as primary counsel or cumis counsel, we are not only taking over the industry when it comes to Employment Defense and Employment Practices, but also in Intellectual Property Defense (Trademark, Copyright, and Proprietary Information), Management Side Defense, Regulatory and Compliance, Business Law & Corporate Law, and Professional Liability, among others. Whether serving directly or on behalf of a third party (EPLI, D&O, E&O), we stay unusually motivated® to take on all your needs!

You can agree with us that, at times, getting the right legal representation and finding a good attorney feels like trying to catch a fish while running away from a twenty-foot high tide, especially when time and money are of the essence and the pressure of getting results before you move too far down the rabbit hole is building up. Certainly, only when you desperately need reliable legal representation, probably not from the types of Saul Goodman, will you understand the importance of having the right attorney by your side. So, do you need an attorney with the skills and legal expertise that match your needs? Operating in Brooklyn, New York, the larger New York City, and New York State, as well as in the firm’s new office located in Astoria Queens, your life-changing encounter with Vinny Miletti Esq., the founder and owner of Miletti Law®, whose legal expertise, knowledge, and experience has grown immensely over time since the firm first opened its doors is just an email and/or a call.

Still, in addition to providing legal services, you can concur with us that information is power, and, as such, we have diligently committed ourselves to creating a range of authoritative, trustworthy, and engaging content available on our website and social media platforms. In this regard, feel free to visit and follow us on Facebook, Instagram, Twitter, Yelp, and LinkedIn via the website, as well as subscribe to our Blog, YouTube Channel, and News Letter through https://milettilaw.com/blog and https://www.youtube.com/@MilettiLaw, and https://milettilaw.com/#7665b240-0790-4562-ac0f-9444f9f5165a, respectively, to enjoy such content aimed to keep our unusually motivated® readers informed about how diverse legal issues affect them and/or their businesses.

As the authoritative force in Employment Law, it only seemed right to introduce one of the many upcoming series in which we introduce a variety of topics that looks to educate and deliver in a manner that only Miletti Law® can. To that end, this blog is part II of our new series titled “Employer Coverage under Major New York’s Labor & Employment Laws.” In Part I and our first blog, “Employer Coverage under New York City Human Rights Law (NYCHRL),” we covered a number of issues related to this city statute including 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. Most importantly, we mentioned that pursuant to NYC Administrative Code 8-102, 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.

At this point, we now shift gears to hammer on employer coverage under the New York State Human Rights Law (NYSHRL).

Employer Coverage under the New York State Human Rights Law (NYSHRL)

  1. 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).

  1. 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.

  1. 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 that required count of employees can be calculated.

  1. 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.