Keith Mack
New York has some of the most comprehensive employment laws in the country, but it is unclear if they apply to out-of-state employees. Generally, if you work for a New York-based company, you are subject to New York employment laws, as the company must abide by New York state laws for all employees. However, in Pakniat v. Moor, the New York Court of Appeals ruled that it did not have jurisdiction over a plaintiff's claims of sexual harassment and retaliation because she lived and worked in Montreal, Canada, for a New York company. This indicates that New York employment laws may not apply to employees who do not work in the state.
| Characteristics | Values |
|---|---|
| Federal laws | Apply in New York as they do across all 50 states |
| New York state laws | Include the New York Constitution, laws passed by the New York legislature, and decisions by courts that interpret New York laws |
| Local laws | The New York Department of State maintains an electronic database of local laws and county codes ("Local Laws Database") |
| Court System | The New York Court of Appeals is the highest court in the state, with four Appellate Divisions of the Supreme Court as the intermediate appellate courts |
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What You'll Learn
New York state laws and the US Constitution
The US Constitution is the supreme law of the United States, and all state laws and constitutions, including New York's, must conform to it. The US Constitution establishes the structure and powers of the federal government and serves as a framework for the country's legal system, guaranteeing certain fundamental rights and liberties.
The New York State Constitution, on the other hand, is the framework for the state's government and outlines the rights and responsibilities of its citizens. It was first adopted in 1777 and has been amended several times since. The New York Constitution addresses a range of issues, including the organisation of the state government, voting requirements, and the state's judicial system.
One notable difference between the two constitutions is that the New York Constitution was not initially submitted for popular ratification due to the ongoing war. In contrast, the US Constitution was ratified by the people through a process of state conventions. Additionally, the New York Constitution has a strong executive branch with a governor, while the US Constitution establishes a federal system with a balance of powers between the executive, legislative, and judicial branches.
Over time, there have been efforts to amend and revise the New York State Constitution. For instance, in 1801, a dispute arose between the Governor and the Council of Appointment regarding nomination rights. This led to the passage of "An Act Recommending a Convention" to interpret and potentially amend the Constitution. Later, in 1894, a Constitutional Convention was called to revise the Constitution, resulting in several amendments adopted by popular vote.
In summary, while the US Constitution sets the overarching framework for the country's legal system and government, the New York State Constitution operates within this framework to govern the state specifically. The New York Constitution has its own unique history, amendments, and provisions that reflect the state's specific needs and concerns while adhering to the principles established by the US Constitution.
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Federal laws and statutes
New York residents are subject to both New York state laws and U.S. federal laws. Federal laws apply in New York as they do across all 50 states. The U.S. Constitution is the supreme law of the U.S. Federal laws include statutes that are periodically codified in the U.S. Code. Federal laws also include decisions by courts that interpret federal laws and regulations issued by federal administrative agencies to implement federal laws.
The New York Consolidated Laws contain the laws passed by the New York Legislature, which consists of the New York Assembly and the New York Senate. The Assembly has 150 members, while the Senate has 63, and members of both chambers serve two-year terms with no term limits. A proposed law is known as a bill, which can be introduced in either chamber of the New York Legislature. After a bill is introduced, it will be referred to one or more standing committees, which can suggest amendments. If a bill passes through the committee phase, it will return to the chamber in which it was introduced. This chamber will discuss the bill and consider any amendments suggested by a committee or by members of the chamber. Once the bill has been finalized, the original chamber will vote on whether to pass it. If each chamber of the legislature passes the bill, the Governor of New York will review it. The Governor may sign the bill into law, or choose not to take action, in which case the bill will usually become law. However, if the Governor vetoes the bill, it will return to the legislature. The legislature can override the Governor’s veto and pass the bill into law with a two-thirds majority vote in each chamber.
The New York Consolidated Laws were first published in 1909 and have expanded from 61 laws at that time to over 90 today. Some laws, such as court acts, the New York City Charter and Administrative Code, and other special laws, are not part of the Consolidated Laws. These are called Unconsolidated Laws. Unlike the federal government and other state governments, New York state does not publish a current official version of its code. A free web version of the laws, New York State Consolidated Laws, is available on the State Assembly website, but it is not certified as containing the official text of the Consolidated Laws. There are two annotated versions of the Consolidated Laws by commercial publishers: McKinney's Consolidated Laws of New York Annotated and New York Consolidated Laws Service.
Four federal district courts in New York also issue decisions that may affect New York residents. These are the Northern, Southern, Eastern, and Western District Courts of New York. The Second Circuit Court of Appeals holds the authority to review decisions by federal district courts in New York.
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Local laws and county codes
In New York, local laws are adopted by the legislative body of a local government, which can be a county, city, town, or village. These laws are filed with the Department of State as per the Municipal Home Rule Law. The legislative body of each county must also provide the Secretary of State with a complete codification of all local laws, or a "county code". The New York Department of State maintains an electronic database of these local laws and county codes, known as the Local Laws Database. This database is accessible to the public and contains local laws filed on or after January 1, 1998, and county codes filed on or after April 1, 2015. Local laws and county codes filed with the Department of State are typically included in the database within two business days.
For example, as of April 25, 2025, the Charter and Administrative Code of New York City were current through Local Law 2025/053, with amendments effective through the same date. The Rules of New York City (RCNY) were current through rules effective May 2, 2025.
It is important to note that the Local Laws Database may not always reflect the most current legislation or rules. Certain textual errors and omissions may also be present due to issues with the source database.
The Suburban Towns list, which is part of the Local Laws Database, contains a list of suburban towns pursuant to Town Law Section 50-a. This list provides additional context and information regarding local laws and their application in specific areas.
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Court interpretations of federal and state laws
New York residents are subject to both New York state laws and U.S. federal laws. Federal laws apply across all 50 states and include the U.S. Constitution, federal statutes, court decisions interpreting federal laws, and regulations issued by federal agencies. The U.S. Supreme Court has the authority to review cases appealed from lower federal courts or state supreme courts, such as the New York Court of Appeals, the highest court in New York State.
The New York Consolidated Laws encompass the laws enacted by the New York Legislature and the provisions of the New York Constitution. These laws are often interpreted by the New York Court of Appeals and the four Appellate Divisions of the Supreme Court, which serve as the state's intermediate appellate courts. The Second Circuit Court of Appeals can review decisions made by federal district courts in New York, and its rulings can be further appealed to the U.S. Supreme Court.
In cases where the constitutionality of a state statute is challenged in federal litigation, either by a party or the court itself, the Attorney General must be notified. This requirement ensures that the Attorney General can intervene to defend the constitutionality of the state law in question. Similarly, under New York law, if a party challenges the constitutionality of a state act, statute, rule, or regulation in a state court, they must notify the Office of the Attorney General. The Attorney General may then intervene as a party to defend the constitutionality of the challenged law.
The interplay between federal and state laws and the involvement of different court systems can lead to complex legal scenarios. The interpretation of laws by higher courts, such as the New York Court of Appeals and the U.S. Supreme Court, sets precedents and guides lower courts in their decision-making processes. This hierarchical structure ensures a consistent and uniform application of the law across New York State and the nation.
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New York state court system
The New York State Unified Court System is a unified state court system that operates under the Chief Judge of the New York Court of Appeals, who is also the ex officio Chief Judge of New York. The Chief Judge supervises the seven-judge Court of Appeals and is responsible for setting administrative policies and standards in consultation with the Administrative Board and with the approval of the Court of Appeals. The Administrative Board comprises the Chief Judge and the presiding justices of each Supreme Court Appellate Division department.
The New York State Court of Appeals is the highest court in the state. In civil cases, appeals are typically made from decisions of the Appellate Divisions. In criminal cases, appeals can be heard from decisions of the Appellate Division, the Appellate Term, and the County Court, depending on the case type and the region in which it arose. The New York Supreme Court, Appellate Division, is the second-highest court and is divided into four regional judicial departments.
The Chief Administrator, or Chief Administrative Judge if they are a judge, is appointed by the Chief Judge with the advice and consent of the Administrative Board. They oversee the day-to-day operations of the court system with the assistance of the Office of Court Administration. The judiciary system is composed of appellate courts and trial courts, which include superior courts and local courts.
Judges in New York are governed by the Rules Governing Judicial Conduct, promulgated by the Chief Administrative Judge, and the Code of Judicial Conduct, adopted by the New York State Bar Association. The New York State Commission on Judicial Conduct investigates complaints and makes initial determinations, recommending actions such as admonition, censure, or removal from office to the Chief Judge and Court of Appeals.
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Frequently asked questions
New York residents are subject to both New York state laws and U.S. federal laws.
New York state laws include the New York Constitution, laws passed by the New York Legislature, and decisions by courts that interpret New York laws. The New York Legislature consists of the New York Assembly and the New York Senate, with members serving two-year terms.
Federal laws apply across all 50 states and include the U.S. Constitution, statutes in the U.S. Code, decisions by courts that interpret federal laws, and regulations issued by federal administrative agencies.
The New York Court of Appeals is the highest court in the state and interprets New York laws, along with the four Appellate Divisions of the Supreme Court, which are the intermediate appellate courts.
