Title LAB, Labor

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

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

§ 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.\nWhen school is in session, no minor sixteen or seventeen years of age\nenrolled in a daytime school, other than a part-time or continuation\nschool, shall be employed:\n a. (i) More than four hours on any da…

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

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

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

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

§ 151. Employment requirements. 1. (a) Notwithstanding the provisions\nof section 35.01 of the arts and cultural affairs law, a child performer\nmay be employed, used or exhibited in any of the exhibitions, rehearsals\nor performances set forth in subdivision one of section 35.0…

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 167. Restrictions on consecutive hours of work for nurses. 1. When\nused in this section:\n a. "Health care employer" shall mean any individual, partnership,\nassociation, corporation, limited liability company or any person or\ngroup of persons acting directly or indirectly o…

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

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

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

§ 17. Expenses. The commissioner shall devote his entire time to the\nduties of his office. The reasonable and necessary expenses of the\ndepartment and the reasonable and necessary traveling and other expenses\nof the commissioner, deputy commissioner and other officers and\nem…

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

§ 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\nemployee holding a position in the competitive, non-competitive or labor\nclass of the civil service of the state whose compensation or salary is\non a per diem basis may be granted a sick leave with pay of not mo…

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

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

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

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

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

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

§ 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\nprohibited. 1. No employee with status within one or more protected\nclass or classes shall be paid a wage at a rate less than the rate at\nwhich an employee without status within the same protected class or\n…

§ 194-a. Wage or salary history inquiries prohibited. 1. No employer\nshall:\n a. rely on the wage or salary history of an applicant in determining\nwhether to offer employment to such individual or in determining the\nwages or salary for such individual.\n b. orally or in writi…

§ 194-b. Mandatory disclosure of compensation or range of\ncompensation. 1. a. No employer, employment agency, employee, or agent\nthereof shall advertise a job, promotion, or transfer opportunity that\nwill physically be performed, at least in part, in the state of New\nYork, i…

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

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

§ 196-a. Complaints by employees to commissioner. (a) Any employee;\nperson or organization acting on the employee's behalf; or the\nrecognized and certified collective bargaining agent acting on the\nemployee's behalf, may file with the commissioner a complaint regarding\na vio…

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

§ 196-d. Gratuities. No employer or his agent or an officer or agent\nof any corporation, or any other person shall demand or accept, directly\nor indirectly, any part of the gratuities, received by an employee, or\nretain any part of a gratuity or of any charge purported to be …

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

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

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

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

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