Labor Law Section 195(1): City Employee Rights Explained

Labor Law Section 195 1 outlines the notice and record-keeping requirements that employers must follow when hiring employees. This includes providing written information in English and the employee's primary language about rates of pay, allowances, paydays, employer name and address, and other details. It also mandates that employers notify employees of any changes to this information and provide wage statements and payroll records. While this law applies to employees in New York, the applicability to city employees may vary depending on the specific city and state in question. For instance, in California, the state's Labor Code sections generally do not apply to public employees unless explicitly stated, leading to varying degrees of protection for public employees in different cities.

Overtime and meal break requirements

In the United States, there is no federal law requiring lunch or coffee breaks for employees. However, when employers offer short breaks, usually lasting 5 to 20 minutes, these breaks are considered compensable work hours and are included in the sum of hours worked during the workweek. Meal periods, typically lasting at least 30 minutes, are not considered work time and are not compensable.

According to New York Consolidated Laws, Labor Law - LAB § 195, every employer must provide their employees, in writing and in a language identified as the primary language of the employee, with information on their rates of pay, the basis of these rates, and any allowances. This information must be provided at the time of hiring. This law also applies to city employees in New York.

In terms of overtime and meal break requirements, the law states that for employees who are not exempt from overtime compensation, the notice provided by the employer must include the regular hourly rate and overtime rate of pay. Additionally, employers must furnish each employee with a statement with every payment of wages, listing the dates of work covered, gross wages, deductions, allowances, and net wages. For employees who are not exempt from overtime compensation, this statement must include the regular hourly rate, the overtime rate, the number of regular hours worked, and the number of overtime hours worked.

While there is no federal mandate for meal breaks, some states have specific laws regarding this. For example, in some states, employees who work for a certain number of consecutive hours are entitled to a meal break. The length of the break and the number of consecutive hours required for the break vary by state. In some cases, employees can waive their right to a meal break by signing a written agreement.

It is important to note that the requirements for overtime and meal breaks can vary depending on the state and industry. Therefore, it is advisable to refer to the specific laws and regulations applicable to city employees in a particular state or industry.

Payment of wages upon termination

For employees who are discharged or quit their jobs, the law requires immediate payment of their wages. This includes any unused and accrued vacation time, which must be compensated financially. This prompt payment ensures that former employees can meet their financial obligations and have the resources they need while seeking new employment.

In the case of city employees, their wages upon termination are guaranteed by this labor law. City governments are obligated to provide final compensation without delay to employees who are no longer on the city's payroll. This safeguard protects city workers from any potential financial strain that could arise during periods of employment transition.

Additionally, Section 195.1 provides further protection for employees by specifying penalties for non-compliance by employers. If wages are not paid as required by this section, employers may face consequences and penalties as outlined by the law. These penalties serve as a deterrent and promote timely payment of wages upon termination.

It is important to note that labor laws can vary across jurisdictions, and additional local regulations may apply to city employees. Referring to the specific labor laws of a state or city is advisable to understand the exact provisions for city workers. Nonetheless, Section 195.1 stands as a cornerstone of employee rights, ensuring prompt payment of rightful compensation upon termination.

Minimum wage requirements

New York Labor Law Section 195 outlines the notice and record-keeping requirements that employers must adhere to. While it does not specifically mention city employees, the section mandates that every employer must comply with specific minimum wage requirements. Here is a detailed overview of the minimum wage requirements outlined in Section 195:

• At the time of hiring, employers must provide written notice to their employees in English and the language identified as the primary language by each employee. This notice must include the rate(s) of pay, whether paid by the hour, shift, day, week, salary, piece, commission, or other. It should also mention any allowances claimed as part of the minimum wage, such as tips, meals, or lodging allowances.
• Employers are required to obtain a signed and dated written acknowledgment from each employee, confirming their receipt of the notice. This acknowledgment must be preserved for six years.
• Employees must be informed about any changes to their pay rates or paydays at least seven calendar days in advance, unless such changes are reflected on the wage statement.
• With every payment of wages, employees must receive a statement detailing the dates of work covered, their name, the employer's name, address, and phone number, rate(s) of pay, gross wages, deductions, allowances claimed as part of the minimum wage, and net wages.
• If employees are eligible for overtime compensation, the statement must include the regular, hourly, and overtime rates of pay. For employees paid by the piece, the statement should include the applicable piece rate(s) and the number of pieces completed.
• Employers must be prepared to provide a written explanation of how wages were computed upon employee request.
• Railroad corporations must provide additional statements to employees with each payment, listing accrued total earnings, taxes, and daily wages, along with how they were computed.
• Employers are responsible for maintaining accurate payroll records for at least six years. These records should include hours worked, rate(s) of pay, gross wages, deductions, allowances claimed as part of the minimum wage, and net wages for each employee.
• For employees eligible for overtime compensation, payroll records must also include the regular, hourly, and overtime rates of pay. For piece-rate employees, the applicable piece rate(s) and number of pieces completed should be documented.
• Employers must notify their employees in writing or through public posting about the company's policy on sick leave, vacation, personal leave, holidays, and hours.
• Upon termination of employment, employees must be notified in writing within five working days of the exact date of termination and the cancellation of any associated benefits.

Public employee protections

Public employees in the U.S. are protected by a range of federal laws and regulations. The U.S. Department of Labor enforces roughly 180 worker protection laws, which include:

• The Fair Labor Standards Act (FLSA) establishes a federal minimum wage, which is currently $7.25 per hour, although some states have set a higher amount. The FLSA also ensures that non-exempt workers receive time-and-a-half for any overtime work.
• The Occupational Safety and Health Act of 1970 includes industry-specific guidelines and a "General Duty Clause" prohibiting any workplace practice that poses a clear risk to workers. The Occupational Safety and Health Administration (OSHA) is the primary body responsible for enforcing this legislation.
• The Affordable Care Act, passed in 2010, requires that companies with 50 or more full-time workers offer a minimum level of health insurance or pay a penalty.
• The Social Security Act, signed into law in 1935, provides retired and disabled Americans with financial support. This is funded by a payroll tax on both employees and employers.
• Whistleblower protections are provided by a patchwork of federal statutes, often built into other legislation that governs specific industries. OSHA's Whistleblower Protection Program protects the rights of employees who may face repercussions for reporting company violations.
• The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave per year for the birth or adoption of a child or in cases of serious personal or family illness.
• The Civil Rights Act of 1964 made it illegal for businesses to discriminate based on "race, colour, religion, sex, or national origin". This was further strengthened by the Lilly Ledbetter Fair Pay Act of 2009, which prohibited wage discrimination against women and minorities.

In addition to these federal laws, public employees may also be protected by state laws that vary depending on the state in question.

Employer requirements

New York Labor Law Section 195 outlines several requirements that employers must adhere to regarding notice and record-keeping. These requirements are designed to ensure employees are informed about their compensation, work conditions, and rights. Here are the key employer requirements under this section:

• Provision of Written Notice to Employees: At the time of hiring, employers must provide their employees with a written notice in English and the employee's primary language. This notice must include information such as the rate of pay, the basis of pay (whether hourly, salary, etc.), allowances, the regular pay day, the name and address of the employer, and other relevant details. Employers must obtain a signed and dated acknowledgement of receipt from employees, which should include an affirmation of the accuracy of the information provided.
• Notification of Changes: Employers are required to notify their employees in writing of any changes to the information provided in the initial notice. This notification must be given at least seven calendar days before the changes take effect, unless the changes are reflected on the wage statement.
• Furnishing Wage Statements: With every payment of wages, employers must provide employees with a statement detailing the dates of work covered, the employee's name, the employer's name and address, the rate of pay, gross wages, deductions, allowances, and net wages. For employees eligible for overtime compensation, the statement must also include the regular and overtime hourly rates, the number of regular and overtime hours worked, and an explanation of how the wages were computed if requested.
• Record-Keeping and Payroll Records: Employers are responsible for maintaining true and accurate payroll records for at least six years (or three years, according to an older version of the law). These records must include information such as hours worked, rate of pay, gross wages, deductions, allowances, net wages, and, for eligible employees, the regular and overtime hourly rates and hours worked.
• Notification of Sick Leave, Vacation, and Other Policies: Employers must notify their employees in writing or through public posting about the company's policies on sick leave, vacation, personal leave, holidays, and work hours.
• Notification of Termination and Benefits Cancellation: Upon termination of employment, employers must notify employees in writing within five working days of the exact date of termination and the date of cancellation of any employee benefits, including health insurance. Failure to notify employees of health insurance cancellation subjects the employer to additional penalties.

These requirements under New York Labor Law Section 195 ensure that employees are well-informed about their compensation, work conditions, and the policies that affect their employment. By adhering to these requirements, employers can maintain transparency and compliance with labor laws in the state of New York.

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