Title LAB, Labor

* § 140. Enforcement of violations relating to child performers, child models, street trades, and newspaper carriers. The commissioner is hereby authorized and empowered to prosecute violations of section 35.01 of the arts and cultural affairs law, relating to child performers, …

§ 141. Civil penalties. 1. If the commissioner finds that an employer has violated any provision of this article or of a rule or regulation promulgated thereunder, the commissioner may by an order which shall describe particularly the nature of the violation, assess the employer…

§ 142. Hours of work for minors fourteen and fifteen years of age. 1.\nWhen school is in session. When school is in session, no minor fourteen\nor fifteen years of age shall be employed:\n a. More than three hours on any school day;\n b. More than eight hours on any day when sch…

§ 143. Hours of work for minors sixteen and seventeen years of age. 1. When school is in session, no minor sixteen or seventeen years of age enrolled in a daytime school, other than a part-time or continuation school, shall be employed: a. (i) More than four hours on any day pre…

§ 144. Posting of hours. 1. The employer shall make a schedule for all minors employed by the employer, setting forth the hours of beginning and stopping and the time allowed for meals, which shall be kept conspicuously posted in each establishment where such persons are employe…

§ 145. Criminal penalties. Any person who knowingly violates any provision of this article and any officer or agent of a corporation who knowingly permits the corporation to violate any such provisions shall be guilty of a misdemeanor, and upon conviction therefor shall be punis…

§ 15. Seal. The commissioner may adopt a seal of the department and require that it be used for the authentication of orders and proceedings and for such other purpose as he may prescribe.

§ 150. Definitions. For the purpose of this article: 1. "Artistic or creative services" shall include, but are not limited to, services as an actor, actress, dancer, musician, comedian, singer, stunt-person, voice-over artist, runway or print model, or other performer or enterta…

§ 151. Employment requirements. 1. (a) Notwithstanding the provisions of section 35.01 of the arts and cultural affairs law, a child performer may be employed, used or exhibited in any of the exhibitions, rehearsals or performances set forth in subdivision one of section 35.01 o…

§ 152. Educational requirement. 1. A child performer shall fulfill educational requirements as set forth in part one of article sixty-five of the education law. If a child performer is unable to meet such educational requirements due to his or her employment schedule, the employ…

§ 153. Enforcement of violations; civil penalties. If the commissioner finds that a child performer's employer has violated any provision of this article or of a rule or regulation promulgated thereunder, the commissioner may by an order which shall describe particularly the nat…

§ 154. Child performer advisory board to prevent eating disorders. 1. The commissioner, in consultation with the commissioner of health and the commissioner of mental health, shall establish a child performer advisory board for the purpose of recommending guidelines for the empl…

§ 154-a. Regulations. The commissioner shall promulgate such rules and regulations as shall be necessary and proper to effectuate the purposes and provisions of this article, including but not limited to the promulgation of regulations determining the hours and conditions of wor…

§ 16. Vacancies and removals. If a vacancy shall occur or exist in the office of the industrial commissioner it shall be filled by appointment by the governor, by and with the advice and consent of the senate, for a term expiring with that of the governor by whom the appointment…

§ 160. Hours to constitute a day's work. Unless otherwise provided by law, the following number of hours shall constitute a legal day's work: 1. For street surface or elevated railroad employees as affected by section one hundred and sixty-four, ten consecutive hours, including …

§ 161. One day rest in seven. 1. Every employer operating a factory, mercantile establishment, hotel, restaurant, or freight or passenger elevator in any building or place shall, except as herein otherwise provided, allow every person employed in such establishment or in the car…

§ 162. Time allowed for meals. 1. Every person employed in or in connection with a factory shall be allowed at least sixty minutes for the noon day meal. 2. Every person employed in or in connection with a mercantile or other establishment or occupation coming under the provisio…

§ 163. Hours of labor in brickyards. No corporation owning or operating a brickyard shall require employees to work more than ten hours in any day, or to commence work before seven o'clock in the morning. But overwork and work prior to seven o'clock in the morning for extra comp…

§ 163-a. Farm laborers. No person or corporation operating a farm shall require any farm laborer to work more than sixty hours in any calendar week; provided, however, that any overtime work performed by a farm laborer shall be at a rate which is at least one and one-half times …

§ 164. Hours of labor on street railroads. No employee engaged in the operation of a street surface or elevated railroad of whatever motive power owned or operated by a corporation whose main line or route of travel lies principally within a city of the first or second class, sh…

§ 165. Steam and other railroads. 1. No person or corporation operating a steam or electric surface, subway or elevated railroad of thirty miles or more in length, wholly or partly within this state, except where the mileage system of running trains is in operation, shall permit…

§ 166. Signalmen. 1. When used in this section "signalman" means: a. A telegraph or telephone operator reporting trains to another office or to a train dispatcher; b. A telegraph or telephone leverman who manipulates interlocking machines in railroad yards or on main tracks on t…

§ 167. Restrictions on consecutive hours of work for nurses. 1. When used in this section: a. "Health care employer" shall mean any individual, partnership, association, corporation, limited liability company or any person or group of persons acting directly or indirectly on beh…

§ 168. Hours of labor of certain state employees. 1. This section shall apply to all persons employed by the state in the ward, cottage, colony, kitchen and dining room, and guard service personnel in any hospital, school, prison, reformatory or other institution within or subje…

§ 169. One day of rest for certain state employees. Every person employed by the state, upon its canal system in the maintenance or operation of bridges, locks or other works or structures which are part of such system, shall be allowed and permitted a period of at least twenty-…

§ 169-a. One day of rest for state employees. No person employed by the state shall be required to work more than six days in any calendar week, except in cases of fire, riot, flood, famine, pestilence or other cases of emergency endangering life or property; provided, however, …

§ 17. Expenses. The commissioner shall devote his entire time to the duties of his office. The reasonable and necessary expenses of the department and the reasonable and necessary traveling and other expenses of the commissioner, deputy commissioner and other officers and employ…

§ 170. Hours of labor for domestic workers. No person or corporation employing a domestic worker as defined in subdivision sixteen of section two of this chapter, shall require any domestic worker to work more than forty hours in a week, or forty-four hours in a week for domesti…

§ 18. Officers and employees. The officers, deputy commissioners and\nemployees of the department of labor in office when this section takes\neffect shall continue in office subject to the power of removal or the\nappointment of their successors as provided in this chapter. Ther…

§ 18-c. Sick leave for per diem employees. A per diem officer or employee holding a position in the competitive, non-competitive or labor class of the civil service of the state whose compensation or salary is on a per diem basis may be granted a sick leave with pay of not more …

§ 190. Definitions. As used in this article: 1. "Wages" means the earnings of an employee for labor or services rendered, regardless of whether the amount of earnings is determined on a time, piece, commission or other basis. The term "wages" also includes benefits or wage suppl…

§ 191. Frequency of payments. 1. Every employer shall pay wages in accordance with the following provisions: a. Manual worker.--- (i) A manual worker shall be paid weekly and not later than seven calendar days after the end of the week in which the wages are earned; provided how…

§ 191-a. Definitions. For purposes of this article the term: (a) "Commission" means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of wholesale orders or sales. (b) "Earned commissio…

§ 191-b. Contracts with sales representatives. 1. When a principal contracts with a sales representative to solicit wholesale orders within this state, the contract shall be in writing and shall set forth the method by which the commission is to be computed and paid. 2. The prin…

§ 191-c. Payment of sales commission. 1. When a contract between a principal and a sales representative is terminated, all earned commissions shall be paid within five business days after termination or within five business days after they become due in the case of earned commis…

§ 192. Cash payment of wages. 1. No employer shall without the advance written consent of any employee directly pay or deposit the net wage or salary of such employee in a bank or other financial institution. 2. This section shall not apply to any person employed in a bona fide …

§ 193. Deductions from wages. * 1. No employer shall make any\ndeduction from the wages of an employee, except deductions which:\n a. are made in accordance with the provisions of any law or any rule\nor regulation issued by any governmental agency including regulations\npromulg…

§ 194. Differential in rate of pay because of protected class status prohibited. 1. No employee with status within one or more protected class or classes shall be paid a wage at a rate less than the rate at which an employee without status within the same protected class or clas…

§ 194-a. Wage or salary history inquiries prohibited. 1. No employer shall: a. rely on the wage or salary history of an applicant in determining whether to offer employment to such individual or in determining the wages or salary for such individual. b. orally or in writing seek…

§ 194-b. Mandatory disclosure of compensation or range of compensation. 1. a. No employer, employment agency, employee, or agent thereof shall advertise a job, promotion, or transfer opportunity that will physically be performed, at least in part, in the state of New York, inclu…

§ 195. Notice and record-keeping requirements. Every employer shall: 1. (a) provide his or her employees, in writing in English and in the language identified by each employee as the primary language of such employee, at the time of hiring, a notice containing the following info…

§ 196. Powers of commissioner. 1. In addition to the powers of the commissioner specified in other sections of this chapter, the commissioner shall have the following duties, powers and authority: a. He or she shall investigate and attempt to adjust equitably controversies betwe…

§ 196-a. Complaints by employees to commissioner. (a) Any employee; person or organization acting on the employee's behalf; or the recognized and certified collective bargaining agent acting on the employee's behalf, may file with the commissioner a complaint regarding a violati…

§ 196-b. Sick leave requirements. 1. Every employer shall be required to provide its employees with sick leave as follows: a. For employers with four or fewer employees in any calendar year, each employee shall be provided with up to forty hours of unpaid sick leave in each cale…

§ 196-d. Gratuities. No employer or his agent or an officer or agent of any corporation, or any other person shall demand or accept, directly or indirectly, any part of the gratuities, received by an employee, or retain any part of a gratuity or of any charge purported to be a g…

* § 196-e. Construction industry reporting pay provisions. 1. Notwithstanding any law, rule or regulation to the contrary, an employee engaged in construction, as defined in subdivision one of section eight hundred sixty-one-b of this chapter, who by request or permission of an …

§ 197. Civil penalty. Any employer who fails to pay the wages of his employees or shall differentiate in rate of pay because of protected class status, as provided in this article, shall forfeit to the people of the state the sum of five hundred dollars for each such failure, to…

§ 198. Costs, remedies. 1. In any action instituted upon a wage claim by an employee or the commissioner in which the employee prevails, the court may allow such employee in addition to ordinary costs, a reasonable sum, not exceeding fifty dollars for expenses which may be taxed…

§ 198-a. Criminal penalties. 1. Every employer who does not pay the wages of all of his employees in accordance with the provisions of this chapter, and the officers and agents of any corporation, partnership, or limited liability company who knowingly permit the corporation, pa…

§ 198-b. "Kick-back" of wages prohibited. 1. As used in this section, the term "person" shall include any firm, partnership, association, corporation or group of persons. 2. Whenever any employee who is engaged to perform labor shall be promised an agreed rate of wages for his o…