Workplace Issues in New York

Under the NYSHRL (as amended in 2019), workers have three years from the discriminatory act to file a complaint with the New York State Division of Human Rights or to file directly in state court. This three-year window is one of the longest state anti-discrimination filing deadlines in the United States. New York City workers may also have additional options under the NYC Human Rights Law.

New York eliminated the "severe or pervasive" harassment standard in 2019. Under the current NYSHRL, workplace harassment is actionable if it subjects a person to inferior terms, conditions, or privileges of employment based on a protected characteristic, unless the conduct rises no higher than "petty slights or trivial inconveniences." This is a significantly lower bar than the prior standard or federal law.

Yes. New York's Paid Family Leave (NYPFL) program provides eligible employees up to 12 weeks of paid leave to bond with a new child, care for a seriously ill family member, or address qualifying military family needs. Benefits are paid at 67% of the employee's average weekly wage (up to a cap based on the state average weekly wage).

As of January 2024, New York's minimum wage is $16.00 per hour in New York City, Nassau, Suffolk, and Westchester counties, and $15.00 per hour in the rest of the state. Increases are scheduled. New York also mandates paid sick leave for all employees (at least 56 hours for employers with 100+ employees).

Yes. New York's Pay Transparency Law (effective September 2023) requires employers with 4 or more employees to include a good-faith salary range in job postings, promotions, and transfer opportunities. New York City's Local Law 32 (effective November 2022) has similar requirements for NYC employers. These laws are designed to address pay inequities and give job seekers more information. Employers who fail to include salary ranges could face civil penalties and investigation by the Department of Labor or the NYC Commission on Human Rights.

New York City's Freelance Isn't Free Act (effective 2017) requires written contracts for freelance work valued at $800 or more, mandates timely payment within 30 days unless otherwise agreed, and prohibits retaliation against freelancers who assert their rights. New York State expanded similar protections statewide with the Freelance Isn't Free Act (effective 2024), requiring written contracts and timely payment for freelance services. Freelancers who are not paid on time may be entitled to double damages plus attorney fees. These protections address a common vulnerability for independent workers in New York's large gig economy.