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, are you looking for legal representation? Do you need an attorney with the skills and legal expertise that match your needs? 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 be it for small businesses 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!

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.

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To that end, this blog is part III of our new series titled “Employer Coverage under Major New York’s Labor & Employment Laws.” In Part II of our blog titled, “Employer Coverage under New York State Human Rights Law (NYSHRL),” we covered a number of issues related to this state 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 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.

At this point, we now shift gears to hammer on employer coverage under the New York Equal Pay Act (N.Y. Lab. Law § 194).

Employer Coverage under the New York Equal Pay Act (N.Y. Lab. Law § 194)

  1. 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.

  1. 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.

  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 under the New York Equal Pay Act.

  1. 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.

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.