A New York employment contract establishes a relationship between an employer and an employee. It assists employers in relaying the terms and conditions of employment when hiring new workers. The contract details information such as the compensation an employee will receive, their job responsibilities, and any clauses the employer may wish to include.
In New York, an employment contract must be created in accordance with both parties’ intent. It also must contain an offer, acceptance, and consideration [1] .
- Laws: Chapter 31 (Labor)
- Definition of Employee: According to NY WKC Section 2, an employee is someone who performs services for an employer, including individuals who work in the industries defined by Section 3 of the New York Workers’ Compensation Law.
By Type
Independent Contractor Agreement
Creates the expectations for a client-contractor relationship.
Non-Compete Agreement
Allows an employer to protect a business's information by prohibiting an employee from engaging in certain activities.
Hiring in New York
You need to be aware of the New York labor laws and requirements before you write your New York employment contract.
At-Will Employment
New York is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: No
- Implied Contract: Yes
- Good-Faith Exception: No
Minimum Wage ($/hr)
The minimum wage in New York is $14.20/hour through December 31, 2023. Also, through December 31, 2023, the minimum wage in Long Island and Westchester is $15.00/hour.
On January 1, 2024, there’s a scheduled minimum wage increase to $15.00/hour for the state and $16.00/hour for Long Island and Westchester [2] .
Child Labor
Employment certificates are required in New York for minors under 18. Employment certificates can be obtained from the minor’s school. Child performers employed in the entertainment industry will require an employment certificate from the New York Department of Labor.
New York divides working papers into three categories [3] :
- 14- and 15-year-olds receive blue working papers.
- 16- and 17-year-olds in school receive green working papers.
- 16- and 17-year-olds not in school receive peach working papers.
Payday
New York requires employers to pay manual workers weekly. Semi-monthly paydays are allowed upon approval for manual workers and for clerical and other workers.
Meal and Rest Breaks
Minimum paid rest periods are not required in New York.
However, meal periods are required. If an employee works over six hours, they must be allowed at least 30 minutes of unpaid time off. Employers must also provide certain employees a full 24-hour rest period in each calendar week [4] .
Recordkeeping Requirements
New York employers must maintain payroll records for at least six years [5] . Some other recordkeeping requirements they must follow include:
- Unemployment Insurance: 3 years.
- Health and Safety/Workers’ Compensation: 3 years in general; 18 years for employee injuries/illnesses; 40 years for hazardous substance records.
- Child Labor: Employers must keep working papers on file while a minor is working for their business. They must return the minor’s certificate to them when the minor’s employment ends.
Sample
Download a New York employment contract in PDF or Word format below.
