Toolkit Layout 9.17.24 digital MM final (Part 2 of 4)

be taken into account by an employer. Keep in mind that you can still be subject to discipline or If asked about your salary history, you can report the violation to penalized for poor performance or breaking legitimate your local fair employment agency. During the hiring process, if workplace rules insofar as your employer’s actions are not you are asked an impermissible question about your salary history, based on your sex or gender.

violated, there are various actions you can take to advocate they will be rewarded based on merit and hard work and are for yourself. In addition to the general guidance in Section 1, well into their careers before they realize that their colleagues consider the following: (often men) received raises because they actively requested them. If you believe that you deserve a raise, speak with your SPEAK TO YOUR CO-WORKERS: Because many supervisor and request one. Be prepared to discuss the work employers have historically relied on job applicants’ salary that you do, your responsibilities, accomplishments, skills, history to set the salary for a new position and because men performance, the ways in which you have excelled, and the have historically been paid more, on average, than women, you value you bring to the workplace.

may be making less than your male colleagues. If you have concerns that you are being paid less than a male colleague NOTIFY YOUR EMPLOYER AND REQUEST THAT who is doing the same or similar type of work, one option is THE PAY DIFFERENTIAL BE CORRECTED: If you learn to ask your co-worker about his salary. Note that your co- that you are being paid less than a male co-worker and you worker is not obligated to disclose this information and may don’t think there is a valid rationale for the pay differential, choose not to do so. Also be aware that while employers are then you should speak to your supervisor and request that it legally prohibited from retaliating against you for speaking be corrected. Before doing so, try to get as much information to your coworkers about salary, this does not mean that your as you can about your male co-worker’s past experience, employer will follow the law. Your employer may still engage in your titles, classifications, and the responsibilities and skills retaliation. required in your job description.

Speaking to your employer about pay discrimination can be difficult, but it can be easier if you are prepared. During this NOTE: When you tell your employer the above, conversation, you will want to highlight that you do equal remember, you are automatically protected under the work, have equal responsibilities, work under substantially law. This means that it is illegal for your employer to similar conditions, and that you have equivalent or fire you, discipline you, cut your hours, cut your pay, or complementary skills and experience compared to your male do anything negative to your employment because you requested equal pay or inquired about it. If your employer colleague(s). Be prepared to provide some of the following does take any of the above actions, it has violated the information:

law. While retaliation is illegal, your employer may still do

• Explain that you discovered you were being paid less than it. You may have to take administrative or legal action to

your male colleague even though you both perform equal protect your rights. If your employer fails to correct the work. problem, you may be entitled to additional damages if you decide to challenge the pay discrimination in court.

• Explain how your job duties and responsibilities are the

same when compared to your male colleague’s job duties

File A Lawsuit Or An Administrative

and responsibilities. COMPLAINT ABOUT UNEQUAL PAY: If you feel like you

• Highlight your skills and experience and ways in which they were subjected to pay discrimination, you can file a state or

are superior, equivalent, or complementary to your male federal lawsuit under the state and federal equal pay laws. colleague’s experience. If you also want to file an employment discrimination claim under Title VII, you will first need to file a discrimination

• If it is helpful, raise your job performance and highlight ways

complaint with the federal Equal Employment Opportunity in which you have excelled in the position. Commission (EEOC). Depending on the nature of the pay discrimination, you may You can also file a formal administrative complaint with: the want to do the following: New York State Department of Labor (https://dol.ny.gov/ salary-historypay-equity), the New York State Division of

• Ask your employer to raise your pay so it is equal to your

Human Rights (https://dhr.ny.gov/contact-us), the EEOC male colleague’s pay by the next pay period. (https://www.eeoc.gov/employees/charge.cfm), or your local

• Ask your employer to correct the pay disparity retroactively, fair employment agency.

meaning that they pay you the difference of what you should have been earning going back to when the pay disparity NOTE: You should consult a lawyer or legal services began. organization to get guidance on how and where to

• If your employer refuses to correct the situation, ask them to file your complaint because there are often complex

provide their rationale for why they think the pay differential considerations involved and you often must file quickly in order to comply with applicable reporting deadlines. is fair (preferably in writing). For example, if you file your complaint with one of the

• If your employer refuses to correct the situation, find out if

agencies above, you may not be able to file with others there is an appeal process or equal opportunity office with and you may not be able to file a lawsuit later on. which you can file a complaint.

Filing A Complaint To Challenge A Salary

DOCUMENT ANY COMPLAINTS: Keep a record of HISTORY REQUEST: Under New York State law, you may your request by putting it in writing as an email or a formal challenge a salary history request by bringing a lawsuit or filing complaint. You should also try and get a response from your a complaint with the New York Department of Labor. Visit:

employer that is in writing. This record can serve as written https://dol.ny.gov/salary-historypay-equity.38 If you work for evidence if you decide to file a discrimination complaint an employer in New York City who improperly inquired about or lawsuit. Take notes about your verbal conversations or relied upon your prior salary in setting your salary, you can so that you have a record of what was said during these file a complaint with the NYC Commission on Human Rights, conversations.

Minimum Wage & Fair Wage Practices: You have the right to be paid for your work. It is illegal for your employer to steal your wages, pay you below the state minimum wage, or force you to work for no wages..

25. © 2024 Legal Momentum. Minimum Wage & Fair Wage Practices: Women are valued very low, and so is their work. . . . There is a pattern of discrimination against women that . . . we expect to address, as we act to end all forms of discrimination against women.” – Phumzile Mlambo-Ngcuka, UN Under-Secretary-General and Executive Director of UN Women © 2024 Legal Momentum 25.

Minimum Wage & Fair Wage Practices your employer to steal your wages, pay you below the state minimum wage, or force you to work for no wages. Women are valued very low, and so is their work. . . . There is a pattern of discrimination against women that . . . we expect to address, as we act to end all forms of discrimination against women.” – Phumzile Mlambo-Ngcuka, UN Under-Secretary-General and Executive Director of UN Women

What is the Minimum Wage?

It is important that you make sure you are being paid in The New York State Department of Labor also provides accordance with the law. In New York State, the minimum wage summaries by industry: will increase by 50 cents each year on January 1 until January FARMWORKERS: https://dol.ny.gov/system/files/ 1, 2026. After that, annual minimum wage increases will be tied documents/2024/02/part190.pdf to the rate of inflation.39 Note that there is a lower hourly wage, referred to as the subminimum wage, for workers in tipped HOSPITALITY AND RESTAURANT WORKERS: https://dol.

industries such as the restaurant industry. ny.gov/system/files/documents/2024/02/part146.pdf To calculate the minimum wage that currently applies to you, use BUILDING SERVICE: https://dol.ny.gov/system/files/ the State’s interactive web tool: https://www.ny.gov/new-york- documents/2024/02/part141.pdf states-minimum-wage/new-york-states-minimum-wage. NAIL SALON WORKERS: https://dol.ny.gov/nail-salon- industry To find out the minimum wage in your locality, visit the wage map:

https://www.dol.gov/whd/minwage/america.htm. OTHER INDUSTRIES: https://dol.ny.gov/system/files/ documents/2024/02/part142.pdf

What are My Legal Rights?

REGULAR & TIMELY PAYMENTS: Your employer does not If you are terminated, you must be notified in writing of the date have the right to choose whenever they want to pay you or to of termination and the date of cancellation of your benefits.51 skip payments and pay you later. You have the right to be paid If you report a violation of this requirement, employers can regularly and in a timely manner.40 Laws and regulations for be fined for failing to provide proper notice of wages or pay different industries may impose specific requirements governing statements.

when and how often you must receive your paycheck. Most workers should be paid twice a month on a regular (designated) HOSPITALITY WORKERS: If you work in the pay day.41 Salespeople who work on commission should be paid hospitality industry, your employer must also provide you at least once a month.42 Manual workers must be paid at least once a week and not more than a week after wages are earned.43 with a new pay notice each time your pay rate changes, whether it goes down or up.52 Your notice should tell you your hourly rate of pay, overtime rate, the amount of tip credit (if DOMESTIC WORKERS: If you are a domestic worker any) to be taken from the minimum hourly rate, and state that in NYS working directly for a family, you must be paid once a week.44 extra pay is required if tips are insufficient to bring your wage up to the basic minimum hourly rate.53 NOTICE OF WAGES: If you work for a private employer, you The Tip Credit is a fixed amount that your employer can must receive certain notices regarding your pay. Upon hire, your take out of the minimum wage before tips. If your salary, employer must inform you in writing of your rate of pay; the once supplemented by tips, does not reach the minimum basis of your pay; your regular pay day; whether you will be paid wage, your employer must pay you extra (“top up” your by the hour, shift, day, week, salary, piece, commission, or other wages) to ensure your hourly salary reaches the minimum measurement; when you will be paid; and whether any allowances wage. Employers often “forget” to do this—or claim it is too will be claimed from your salary.45 The employer must also difficult—which is illegal.

provide the address and telephone number of the main office.46 This notice must be provided in writing in English and in your primary language if it is Spanish, Haitian Creole, Russian, CONSTRUCTION: If you work in the construction Polish, Chinese, or Korean.47 industry, contractors and subcontractors who were You must receive a pay statement every time you are paid.48 You previously found to have failed to pay wages must provide must also be given written notice prior to any reduction in your written notice of these violations to all current employees.

rate of pay or any increases, unless the increase is reflected in These notices should be part of your wage statements.54 your pay statement.49 You must also be notified in writing or by public posting of your PAYING YOU THE PROPER WAGE: It is illegal for your employer’s policy on sick leave, vacation, personal leave, holidays, employer to pay you less than the state minimum wage (or and hours.50 subminimum wage if you work in a tipped industry).55 This applies 26 © 2024 Legal Momentum secitcarP egaW riaF egaW muminiM

to all workers even if you lack work authorization or are paid off are prohibited from requiring nurses to work beyond these the books, in cash, or paid hourly/daily/weekly.56 If you are a regularly scheduled work hours, although nothing in the law member of a union, your union may have negotiated a higher prohibits an employer from regularly scheduling a nurse to wage, in which case your employer must pay you the salary work more than 40 hours a week.60 For more information, agreed to by your union. Certain exclusions may apply based on visit: https://dol.ny.gov/mandatory-overtime-nurses.

the type of work that you do. WAGE THEFT: Employers are required to pay all workers for all HUMAN TRAFFICKING: If you have been forced, threatened, hours worked. This is true regardless of your immigration status or induced to work against your will, you may be the victim or whether you have legal work authorization. It is illegal for any of human trafficking, which is illegal under federal and state employer to steal any employee’s wages. There are many ways law.61 Victims of human trafficking are often subjected to your employer may try to do so. For example, your employer various abusive practices, including being forced to work is prohibited from withholding full or partial wages; taking out without pay, being forced to work to pay off a debt, or being any additional deductions that are not required by law; taking denied payment on the ground that the employer provides your tips; making you work off-the-clock; paying you with bad housing. For example, it is illegal for your employer to keep checks; failing to pay you overtime; and deducting wages for your passport, immigration papers, or other identifying trainings or equipment. For tipped workers, this also means that documentation. If you believe that you are the victim of human if your salary, after tips, does not reach the minimum wage, your trafficking, you can contact an advocate for assistance at the employer must pay you to make up the difference to ensure your National Human Trafficking Resource Center: 888-373-7888 or salary meets the minimum wage for all hours worked. report your case to the New York State Department of Labor Department of Immigrant Policies and Affairs: 877-466-9757, Keep in mind, your employer can only take deductions that are trafficking@labor.ny.gov, https://dol.ny.gov/human-trafficking.

required by law, such as payroll taxes and wage garnishments, or that you have authorized in writing for your benefit, such There are a range of additional services that the state may as for insurance premiums, health benefits, or union dues.57 provide, including emergency temporary housing; assistance Examples of illegal deductions are deductions for breakages, recovering unpaid wages; job placement and skills training; cash shortages, fines, losses to the business, charges for check legal assistance; immigration assistance, including help replacement, and overcharges for paid family leave premiums. establishing permanent residence through special visas for victims of human trafficking; mental and physical health OVERTIME: Most workers are entitled to extra pay when they services; counseling; assistance accessing public benefits; work beyond their standard work schedule, which means that if translation and interpretation; and criminal or civil action you work more than 40 hours a week, you must get paid extra against the trafficker.

(1.5 times your normal pay) for each hour you work in excess of 40 hours.58 This is called overtime pay. Certain categories BENEFITS: Under current state law, many employers are not of workers are not yet covered by this requirement, including required to provide health insurance, pensions, paid vacation, government employees, executive employees, professional or expenses. However, if your employer commits to providing employees, and part-time babysitters. However, if you are in a certain benefits, either verbally or in writing, or they are union, your union may have negotiated some type of overtime included in your employment contract, your employer must benefits on your behalf, so you should check with your union provide them. Your employer’s failure to provide such benefits representative. when they have been promised is an example of illegal wage theft.

FARMWORKERS: As of January 1, farmworkers who RETALIATION: An employer is prohibited from engaging in work more than 56 hours per week must get paid overtime “retaliation” or punishing you for reporting a wage violation. (1.5 times your regular rate of pay) for each hour worked If you report that you were not properly paid for working beyond 56.59 overtime, or that you are not receiving the minimum wage,

• 52 hours on or after January 1, 2026, an employer cannot legally retaliate against you. Retaliation

• 48 hours on or after January 1, 2028, includes any negative employment action, such as firing

• 44 hours on or after January 1, 2030, you, suspending you, giving you a verbal or written warning,

• 40 hours on or after January 1, 2023. or changing your work schedule to give you unfavorable or

unwanted shifts. While retaliation is illegal, it is unfortunately not uncommon. If an employer retaliates against you for NURSES: Overtime for nurses is covered under a reporting a wage violation, you can file a complaint with different provision. Under Section 167 of the New York State the Department of Labor. Your employer may be required to Labor Law, healthcare employers must set a predetermined reinstate you if you were fired and may have to pay damages regularly scheduled number of work hours that a nurse and/or fees to cover the cost of your attorney.62 has agreed to work, including prescheduled on-call time and time spent for the purposes of communicating shift reports regarding patient status. Health care employers 27 © 2024 Legal Momentum secitcarP egaW riaF egaW muminiM

If you have concerns or believe that your rights have been you can speak to your employer about the violation, file a violated, there are various actions you can take to advocate complaint with the New York State Department of Labor, or for yourself. In addition to the general guidance in Section 1, file a state or federal lawsuit. consider the following: Consider contacting an attorney or legal advocate for KEEP TRACK OF YOUR WAGES: It is important that guidance and to help you figure out a plan that is best for you keep track of your wages to ensure that your employer you. While it is illegal for your employer to retaliate against is paying you your full wage. Your employer may pay you you for filing a complaint, that does not mean that it will properly at first and then slowly start to take unexplained not happen. Many employers do engage in retaliation. It is deductions or pay you more irregularly. Therefore, you should good to speak to an advocate so that you are aware of the review your paystubs regularly and ask your employer about risks. It is also useful to speak with an attorney to discuss any deductions that you don’t understand. Although keeping the best strategy for you. In some cases, filing a state or track of your wages can take time and may be complicated, federal lawsuit may be more beneficial than filing a complaint especially if you are paid per day or per project, it’s important with the Department of Labor. Depending on the nature of to keep a record each day, week, or couple of weeks, so that the violation, you may be entitled to broader legal remedies you know whether you are being paid fairly and in accordance in court. For example, in court the law allows workers with the law. Keep track of the amounts that you are paid, the to seek unpaid wages going back 6 years, which may be dates that you are paid, and any deductions that are taken advantageous if you were the victim of wage violations over from your pay. Keep a written record either in a notebook or a longer period. in notes on your phone, highlighting any irregularities. This will help you if you need to report wage theft later on. To contact the Department of Labor about filing a complaint, call: 1-888-4-NYSDOL (1-888-469-7365). If you don’t speak GET ASSISTANCE: If you believe that your employer is not English, they will provide language assistance upon your paying you fairly but you 1 need assistance to verify your request. Note that your employer may be guilty of a crime for concerns, 2 are afraid to report the violation and you need violating the above requirements.65 If the Department of Labor additional guidance, or 3 need help filing a complaint, then obtains a judgment against your employer, a portion of that consider contacting a local advocate or seeking assistance judgment must go to you if you were the employee harmed by from your local worker center. Visit the Additional Resources your employer’s actions. Additional penalties and reporting section at the back of this Toolkit for a list of Worker Centers requirements may apply to employers who have engaged in in New York State. repeat offenses or who have engaged in willful, or egregious REPORT WAGE THEFT, FILE A COMPLAINT, OR FILE violations. As of May 20, 2024, freelance workers can also file A LAWSUIT: If you believe that your employer is stealing complaints with the Department of Labor against hiring parties your wages or violating other state wage requirements, that fail to pay them.66.

you can speak to your employer about the violation, file a complaint with the New York State Department of Labor, or file a state or federal lawsuit.: Consider contacting an attorney or legal advocate for guidance and to help you figure out a plan that is best for you. While it is illegal for your employer to retaliate against you for filing a complaint, that does not mean that it will not happen. Many employers do engage in retaliation. It is good to speak to an advocate so that you are aware of the risks. It is also useful to speak with an attorney to discuss the best strategy for you. In some cases, filing a state or federal lawsuit may be more beneficial than filing a complaint with the Department of Labor. Depending on the nature of the violation, you may be entitled to broader legal remedies in court. For example, in court the law allows workers to seek unpaid wages going back 6 years, which may be advantageous if you were the victim of wage violations over a longer period..

KEEP TRACK OF YOUR WAGES: It is important that you keep track of your wages to ensure that your employer s paying you your full wage. Your employer may pay you properly at first and then slowly start to take unexplained deductions or pay you more irregularly. Therefore, you should eview your paystubs regularly and ask your employer about any deductions that you don’t understand. Although keeping rack of your wages can take time and may be complicated, especially if you are paid per day or per project, it’s important o keep a record each day, week, or couple of weeks, so that you know whether you are being paid fairly and in accordance with the law. Keep track of the amounts that you are paid, the dates that you are paid, and any deductions that are taken rom your pay. Keep a written record either in a notebook or n notes on your phone, highlighting any irregularities. This will help you if you need to report wage theft later on.: GET ASSISTANCE: If you believe that your employer is not paying you fairly but you 1 need assistance to verify your concerns, 2 are afraid to report the violation and you need additional guidance, or 3 need help filing a complaint, then consider contacting a local advocate or seeking assistance rom your local worker center. Visit the Additional Resources section at the back of this Toolkit for a list of Worker Centers n New York State..

KEEP TRACK OF YOUR WAGES: It is important that you keep track of your wages to ensure that your employer s paying you your full wage. Your employer may pay you properly at first and then slowly start to take unexplained deductions or pay you more irregularly. Therefore, you should eview your paystubs regularly and ask your employer about any deductions that you don’t understand. Although keeping rack of your wages can take time and may be complicated, especially if you are paid per day or per project, it’s important o keep a record each day, week, or couple of weeks, so that you know whether you are being paid fairly and in accordance with the law. Keep track of the amounts that you are paid, the dates that you are paid, and any deductions that are taken rom your pay. Keep a written record either in a notebook or n notes on your phone, highlighting any irregularities. This will help you if you need to report wage theft later on.: REPORT WAGE THEFT, FILE A COMPLAINT, OR FILE A LAWSUIT: If you believe that your employer is stealing your wages or violating other state wage requirements,.

IMMIGRATION STATUS: The law requires that you HOME CARE WORKERS: As of October 1, 2022, the hourly receive overtime pay regardless of your immigration status. minimum wage for home care aides will increase by $2 and will increase further in subsequent years. For more information see: https://dol.ny.gov/system/files/documents/2023/11/ DOMESTIC WORKERS: If you are a domestic worker, p105-home-health-aide-11-23-23.pdf you are entitled to receive minimum wage and overtime pay if you work more than 40 hours. This applies even if you are a live-in worker and you are being paid a set salary. There may be FARMWORKERS: If you are a farmworker, you are some differences in the amount of overtime you are entitled to covered by minimum wage requirements unless you are under depending on the type of work you do. 17 years old and employed on the same farm as your parent or guardian. The minimum wage applies to piece-rate jobs as well as regular wage jobs.63 In addition, when you are hired, your FOOD DELIVERY WORKERS: NYC has set its own minimum employer must provide you with a farm work agreement that wage for delivery workers, which will be adjusted each year for inflation. For the current minimum rate, see https://www.nyc. must list your pay rate, type of work, housing arrangement, gov/site/dca/workers/workersrights/Delivery-Workers.page. hours of work, and benefits.64 28 © 2024 Legal Momentum secitcarP egaW riaF egaW muminiM violated, there are various actions you can take to advocate complaint with the New York State Department of Labor, or for yourself. In addition to the general guidance in Section 1, file a state or federal lawsuit.

consider the following: KEEP TRACK OF YOUR WAGES: It is important that guidance and to help you figure out a plan that is best for you keep track of your wages to ensure that your employer you. While it is illegal for your employer to retaliate against is paying you your full wage. Your employer may pay you you for filing a complaint, that does not mean that it will properly at first and then slowly start to take unexplained not happen. Many employers do engage in retaliation. It is deductions or pay you more irregularly. Therefore, you should good to speak to an advocate so that you are aware of the review your paystubs regularly and ask your employer about risks. It is also useful to speak with an attorney to discuss any deductions that you don’t understand. Although keeping the best strategy for you. In some cases, filing a state or track of your wages can take time and may be complicated, federal lawsuit may be more beneficial than filing a complaint especially if you are paid per day or per project, it’s important with the Department of Labor. Depending on the nature of to keep a record each day, week, or couple of weeks, so that the violation, you may be entitled to broader legal remedies you know whether you are being paid fairly and in accordance in court. For example, in court the law allows workers with the law. Keep track of the amounts that you are paid, the to seek unpaid wages going back 6 years, which may be dates that you are paid, and any deductions that are taken advantageous if you were the victim of wage violations over from your pay. Keep a written record either in a notebook or a longer period.

in notes on your phone, highlighting any irregularities. This will help you if you need to report wage theft later on. To contact the Department of Labor about filing a complaint, call: 1-888-4-NYSDOL (1-888-469-7365). If you don’t speak English, they will provide language assistance upon your paying you fairly but you 1 need assistance to verify your request. Note that your employer may be guilty of a crime for concerns, 2 are afraid to report the violation and you need violating the above requirements.65 If the Department of Labor additional guidance, or 3 need help filing a complaint, then obtains a judgment against your employer, a portion of that consider contacting a local advocate or seeking assistance judgment must go to you if you were the employee harmed by from your local worker center. Visit the Additional Resources your employer’s actions. Additional penalties and reporting section at the back of this Toolkit for a list of Worker Centers requirements may apply to employers who have engaged in in New York State.

repeat offenses or who have engaged in willful, or egregious REPORT WAGE THEFT, FILE A COMPLAINT, OR FILE violations. As of May 20, 2024, freelance workers can also file A LAWSUIT: If you believe that your employer is stealing complaints with the Department of Labor against hiring parties your wages or violating other state wage requirements, that fail to pay them.66

Economic Opportunity: It is unlawful for a lender or financial institution to deny you a loan or financing based on your sex or gender. Resources are available to help you find a job; improve your finances; start a business; and obtain education, language, and skills trainings to get a job, including jobs in higher paying fields..

29. © 2024 Legal Momentum. Economic Opportunity: My sisters, black and white…. We have really come too far to, again, be danced backwards into what others consider to be our place. Our place here and now is in America’s mainstream, and the upper swifter currents of the mainstream where we can assume greater responsibilities and collect the greater rewards that we are due.” —Shirley Chisholm, First black woman elected to the United States Congress, representing New York’s 12th Congressional District, and the first woman to run for the Democratic Party’s presidential nomination © 2024 Legal Momentum 29.

Economic Opportunity you a loan or financing based on your sex or gender. Resources are available to help you find a job; improve your finances; start a business; and obtain education, language, and skills trainings to get a job, including jobs in higher paying fields. come too far to, again, be danced backwards into what others consider to be our place.

Our place here and now is in America’s mainstream, and the upper swifter currents of the mainstream where we can assume greater responsibilities and collect the greater rewards that we are due.” —Shirley Chisholm, First black woman elected to the United States Congress, representing New York’s 12th Congressional District, and the first woman to run for the Democratic Party’s presidential nomination

What Do We Mean by Economic Opportunity?

Women have long been discriminated against in our economy, LOCAL RESOURCES: Check with your local government about which may mean that whether you are trying to find employment, similar resources to help connect you to jobs in your areas. find a higher paying job, or start your own business, you may face NYC: In NYC, for example, the NYC Department of Small unique obstacles.

Business Services provides resources to connect individuals Whether or not you have prior work experience, it can be difficult to better jobs in New York City, offering workshops and to get a job, especially in your field of choice. To get a job, counseling to help develop job readiness skills, including you may need assistance creating a resume and cover letter, developing your resume package and preparing for preparing for an interview, or getting work-appropriate clothing.

interviews. The Department also holds recruitment events Or, you may need to obtain a certain level of education or acquire and offers special services for veterans and individuals certain skills, training, or language ability. If you are looking to seeking employment after leaving the criminal justice start your own business, you may need help figuring out where to system. You can contact your local Workforce1 Career Center begin or how to get the money, licenses, and general information to find out more about available services: https://www1.nyc.

necessary to start and maintain a business. gov/site/sbs/careers/prepare-for-an-interview.page. Improving your financial situation often requires access to The Department also offers training programs for in- economic opportunity; fair and equal treatment; and access to demand occupations in different sectors and locations resources, services, and assistance that gives you a chance to across New York City and offers grants to cover the cost of improve your financial condition. If you are a woman trying to tuition, registration fees, testing fees, and books. For more improve your economic stability, it’s important that you are aware information and to find out if you are eligible, visit https:// of certain resources and legal protections that exist to help you www1.nyc.gov/site/sbs/careers/access-training.page.

navigate the process and to put you on equal footing. Job Placement Specific Protections for Certain Applicants If you are actively looking for a job, you can speak with a career advisor at your local New York State Career Center. To find your APPLICANTS WITH A CRIMINAL RECORD: You may local Career Center, visit: https://labor.ny.gov/career-center- have trouble getting a job if you have had contact with the locator/. You can also search for positions using the New York State Job Bank: https://newyork.usnlx.com.

or more employees are prohibited from hiring or retaining an employee because of a past conviction unless the conviction Job Readiness bears a direct relationship with the job in question.67 Before If you are trying to find a job or change careers, there are denying employment, employers must analyze an applicant’s resources available to help you start that process. Whether you conviction by applying factors listed in Article 23-A of the New are interested in creating a cover letter and resume, preparing York Corrections Law. In addition, Employers must provide a for an interview, learning about educational opportunities such copy of Article 23-A, along with the analysis for the employment as earning your high school Diploma or GED or going back to decision to the applicant.68 Additionally, employers cannot school, or learning about specialized training or skill-building inquire about an arrest or criminal accusation that is no longer opportunities to start a new career, you can contact your local pending, was resolved in favor of the applicant or employee, or Career Center for information on available resources and speak resulted in a sealed conviction.69 with a career counselor, who can guide you through the process.

NYC: In New York City, employers with 4 or more employees New York State offers resources such as assistance with resume are prohibited from inquiring about your criminal background writing, interview preparation, job search strategies, salary or conducting a background check until after they have made negotiations, training classes, educational opportunities, and also a conditional job offer.70 If an employer asks about your hosts job fairs. For more information, visit: https://www.ny.gov/ criminal record after a conditional offer and then rescinds services/find-job#resources.

the offer, they must provide a copy of your record and explain To find your local Career Center, visit: https://labor.ny.gov/career- why and show how your record would undermine your center-locator/. ability to fulfill the job duties or show how it would create an unreasonable risk.71 For more information about the different programs available, https://dol.ny.gov/training-opportunities.

Adult Education: English Language, IMMIGRATION STATUS: Federal law protects certain individuals from employment discrimination based on Literacy, Test Prep, and Career & national origin, immigration status, or citizenship status.72 Technical Training For example, while the law does not protect “unauthorized aliens,” it does protect U.S. citizens, recent permanent The NYS Office for New Americans provides various resources, residents, asylees, and refugees. The law prohibits including information about ESOL (English-for-Speakers-of-Other- employers from discriminating against individuals based Languages) trainings that are available across New York State:

on their citizenship or immigration status in hiring, firing, https://dos.ny.gov/office-new-americans. Check with your local recruitment, and referral for a fee. For example, you may government to see if they provide additional adult education have suffered unlawful discrimination if an employer opportunities.

tells you it prefers hiring citizens because it doesn’t want to deal with the hassle of hiring non-citizens with work NYC: If you live in New York City, you may be eligible to authorization, or if it requires you to submit verification receive Adult Education. Adult education in NYC includes documents before making you an offer, or if it demands free classes for adults (age 21 and over), which are held more paperwork than is legally required when conducting during the day and at night on Mondays through Saturdays its employment verification. For more information, in all 5 boroughs. Classes cover English as a second including the list of acceptable verification documents, language, basic literacy, preparation for the High School visit: https://www.uscis.gov/i-9-central/employee-rights- Equivalency Assessment Exam, and career and technical resources/preventing-discrimination. education (computer literacy, health careers, technology, auto mechanics, carpentry, plumbing, and electrical training). If you are interested in Adult Education classes, visit: https:// Apprenticeships www.schools.nyc.gov/enrollment/other-ways-to-graduate/ adult-education/enroll-in-adult-education-classes.

Due to the long-term effects of discrimination, women often work in occupations where they are paid less. However, with the right NYC provides several additional resources to help learn skills, women can get higher paying jobs in other industries, often English. For example, the City has drop-in centers called referred to as “nontraditional fields” where women have typically Literacy Zones, that help families with limited English had less opportunity to work, such as construction, plumbing, and proficiency connect to classes and resources on housing, electrical work. Participating in training can help you gain skills legal, medical, and employment issues. To find a Literacy to help you get and hold down your first job, move up and earn a Zone drop-in center, visit: https://www.schools.nyc.gov/ higher salary in your existing job, or enter a new field with a higher enrollment/other-ways-to-graduate/adult-education.

salary. We Speak NYC, the City’s English language learning program, If you are interested in pursuing a career in a new field, the also provides various additional resources, such as online state has an apprenticeship program that allows you to learn videos, web, and printed materials, and free community a skilled trade through classroom education and on-the- classes in all 5 boroughs that help you learn English. To learn job training while getting paid. More than 100 occupations more, visit: https://wespeaknyc.cityofnewyork.us.

offer training through NYS Department of Labor Registered Managing Your Finances Apprenticeship programs. It is important to know that apprenticeship programs must select To improve your financial condition, it is important to make candidates based solely on the candidate’s qualifications, and is financially responsible decisions. This often requires a prohibited from discriminating against you on the basis of your better understanding of how certain things work like money gender, race, or national origin.73 management, budgeting, credit, debt, bank accounts, and interest.

To learn more, try searching for “financial literacy” courses in your To learn more about how to become an apprentice, visit: https:// area. Many of these courses are provided free of charge. www.labor.ny.gov/apprenticeship/general/registration.shtm. For resources on home buying, visit: https://esd.ny.gov/home- To find an apprenticeship opportunity, visit: https://dol.ny.gov/ buyer-financial-literacy-program.

apprenticeship/apprenticeship-announcements. NYC: If you live in New York City, the Financial Education You can also find out more information from your local field Network provides information and resources about financial office: http://www.acces.nysed.gov/aepp/apprenticeship- education programs and services, including classes and program.

workshops. You can also receive free one-on-one financial counseling by professionals in English and Spanish at a Financial Empowerment Center. Topics covered include getting a bank account, saving money, managing credit and debt, money management, and homeownership. For more information, visit: https://www.nyc.gov/site/dca/partners/ programs.page.

In New York City, you can also now open your own or other programs that could assist you with improving your SafeStart savings account, which has no overdraft fees, credit. no monthly fees if minimum balances are met, and a

Opportunities For Women & Minority-Owned

low minimum balance of $25 or less. You can open an BUSINESSES: If you are a woman looking to start a business account at a participating bank or credit union in NYC. For or if you already run a business In New York State, it is important more information, visit: https://www1.nyc.gov/site/dca/ to know that certain protections and benefits exist, including consumers/open-savings-account.page.

opportunities to obtain contracts with the state to sell goods and Starting a Small Business services. If you are seeking a contracting opportunity with the state, note If you are looking to start your own business, you may need that it is illegal for a state government agency to discriminate help figuring out where to start, including how to develop a against you because of factors such as your gender, race, or business plan and how to get the money, licenses, tax credits, national origin.76 Therefore, a government agency is prohibited and space to start or maintain your business. If you are looking from denying you a business or operating license, refusing to to start your own business in New York State, you can access renew a license, or revoking your license because you are a helpful resources on the State’s Business Express site, which women or an immigrant who is lawfully present.

includes guides, checklists, and support services: https://www. businessexpress.ny.gov. Additionally, if you are woman running your own business in New York State, you may be eligible to have your business certified as To run a business, you may be required to maintain or renew a minority and woman-owned business by the state’s Division of certain licenses, permits, or certifications on a regular basis.

Minority and Women’s Business Development. This certification Many licenses can be renewed online. To find out what can give you a better shot at obtaining a public contract with the regulations apply to your business and to get more information, state. For more information, and to find out about being certified, you can visit the Business Express site and use the Business visit: https://esd.ny.gov/doing-business-ny/mwbe.

Wizard: https://www.businessexpress.ny.gov/app/portal/ content/renewal_page. Depending on the type of business you run, you may be in a good position to apply for various contracting opportunities with state FINANCING: ACCESS TO CREDIT & LOANS: Women and local agencies. Visit their websites for more information.

seeking access to credit or loans often have a harder time getting approval from the bank, and, while it may not be LOCAL OPPORTUNITIES: Check with your local government obvious at the time, a credit card company, bank, or lender may to see if it provides similar opportunities for women- and be discriminating against you when they deny you credit or minority-owned businesses.

financing.74 NYC: New York City, for example, has a similar program When seeking credit or financing as a woman, it is illegal for a through its Minority and Women-owned Business Enterprise lender to deny you credit because of your sex, gender, marital (M/WBE) Program. The M/WBE Program also provides status, or because you receive workers’ compensation or minority and/or woman-owned businesses with access income or assistance from a public assistance program like to exclusive programs, networking events, and technical SNAP or cash assistance.75 Credit includes credit cards, small assistance to better compete for city contracts. To learn business loans, and mortgages. Lenders are also prohibited from more about applying to be certified with the M/WBE discouraging you from applying for credit or flatly rejecting your program, visit: https://nyc-business.nyc.gov/nycbusiness/ application, granting you a loan with less favorable terms (higher description/minority-and-womenowned-business- interest rate, fees, or minimum payments), or charging higher enterprise-certification-program-mwbe.

interest rates or fees because you are a woman. Through its WE Fund: Crowd program, NYC also offers to If you are denied credit or a loan, make sure to get detailed help women entrepreneurs raise crowdfunded loans of up to information regarding why you were denied and find out how $10,000 as well as provides loans with no-interest repayment you can challenge the determination if you believe you were terms for up to 42 months. The program provides courses discriminated against. If you believe you have been discriminated on topics such as leadership and how to seek funding, in against, either in the denial of financing or because you were multiple languages, as well as “How To” guides with tailored discouraged from applying, you can also file a complaint with the information for business owners who are considering federal Consumer Financial Protection Bureau at https://www. starting a salon, professional office, restaurant, convenience consumerfinance.gov/complaint/. store, grocery store, or laundromat. To learn more about how to take part in the program or to see what courses or There are, however, legal reasons why a lender may deny you resources are available, visit: https://we.nyc.

credit or a loan. For example, you may be denied for having an income that is too low, or debt that is too high, or a history of late New York City’s Department of Small Business Services payments, a low credit score, or little to no credit history. If this (SBS) also offers business courses, financing assistance, is the case, ask the bank if it has resources on financial literacy pro-bono legal services, and more in multiple languages 32 © 2024 Legal Momentum ytinutroppO cimonocE

throughout the city at no cost. To see what resources are For resources on worker cooperatives, visit: available, visit: https://www1.nyc.gov/site/sbs/businesses/ The U.S. Federation of Worker Cooperatives: https://usworker. businesses.page. coop/home/. USE OF CREDIT SCORES IN NYC: In New York City, it is Democracy at Work Institute: https://institute.coop.

also illegal for employment agencies or government agencies to request or use, for licensing or permitting purposes, information NYC: The City Council provides funds to organizations in the contained in the consumer credit history of an applicant, Worker Cooperative Business Development initiative. Find out licensee, or permittee.77 In other words, you cannot be denied a about these resources for worker cooperatives here: https:// license, nor denied the opportunity to work with an employment www1.nyc.gov/nycbusiness/article/worker-cooperatives. The agency, because you have a low credit score. New York City Network of Worker Cooperatives also provides leadership development, training programs, courses, and WORKER COOPERATIVES: An alternative option to starting a networking events, as well as a list of other organizations traditional business is to start a worker cooperative. In contrast that provide similar services. You can access or review these to traditional businesses that are hierarchically owned and resources here: https://nycworker.coop/home/.

managed, worker cooperatives are owned and controlled by the IMMIGRANT-OWNED BUSINESSES: If you do not have workers: the workers elect the board of directors, make business and are not eligible to obtain a Social Security number (SSN), decisions democratically, invest collectively in the business, and you can apply for an Individual Taxpayer Identification Number typically distribute a portion of the profits annually to all of the (ITIN), which is issued by the Internal Revenue Service. Both worker-owners based on their own determination. Further, worker resident and nonresident aliens may obtain ITINs regardless of cooperatives are committed to creating a non-exploitative immigration status. The ITIN allows taxpayers who don’t have economy by creating socially just jobs and supporting the a Social Security Number (SSN) to file income tax returns so community.

that you can comply with tax filing or reporting requirements. There are successful worker cooperatives in all industries, For more information, visit: https://www.irs.gov/individuals/ including healthcare, manufacturing, education, food/restaurant, individual-taxpayer-identification-number. plumbing, publishing, childcare, commercial and residential NYC: Under New York City’s Immigrant Business Initiative, cleaning, and other trades.

the NYC Department of Small Business Services offers By starting a cooperative, you have a voice that counts, more a range of resources to immigrant business owners and individuals looking to start a business.78 For example, the control over setting work hours and wages, leadership roles and City provides offers business courses, financing assistance, career advancement opportunities, and the ability to establish pro-bono legal services, and more in multiple languages healthier relationships with managers, co-workers, and the throughout the City at no cost. For more information, visit:

A Safe Workplace & Fair Working Conditions: You have the right to a safe workplace free from hazards that could cause you serious harm and free from coercive working conditions. Depending on your circumstances, you may also be entitled to certain fair work practices such as breaks, days of rest, sick time, leave, and fair scheduling..

3344. A Safe Workplace & Fair Working Conditions: It doesn’t matter which country we’re from, which language we speak, which color is our skin. We are human beings, we are women, and nobody is going to keep stepping on our dignity.” —Lupe Gonzalo, Leader Of The Coalition Of Immokalee Workers, A Worker-Based Human Rights Organization © 2024 Legal Momentum.

A Safe Workplace & Fair Working Conditions You have the right to a safe workplace free from hazards that could cause you serious harm and free from coercive working conditions. Depending on your circumstances, you may also be entitled to certain fair work practices such as breaks, days of rest, sick time, leave, and fair scheduling.

It doesn’t matter which country we’re from, which language we speak, which color is our skin. We are human beings, we are women, and nobody is going to keep stepping on our dignity.” —Lupe Gonzalo, Leader Of The Coalition Of Immokalee Workers, A Worker-Based Human Rights Organization © 2024 Legal Momentum

Workplace Hazards, Health & Safety Women face a range of workplace hazards and safety risks, many Women deserve safe workplaces and fair working conditions. of which are uniquely distinct to women.79 Examples of workplace This includes safe and sanitary workspaces, access to necessary hazards include: safety equipment, breaks, days of rest, and time to recover from illness, injury, and to care for family members. What makes a

• Exposure to toxic chemicals

workplace safe depends on where you work. Women working

• Heat and sun exposure in male-dominated industries face unique risks because their

• Injury from hazardous tools and machinery specific needs and requirements are often not met.80 For example,

your employer may be failing to comply with health and safety

• Injury from handling or lifting heavy objects

requirements if it refuses to provide you safety equipment that

• Exposure to dust, gasses, and mold fits, or refuses to provide you with protective gear that guards

against exposure to toxic chemicals, including pesticides.

• Work duties that cause musculoskeletal disorders

• Exposure to reproductive hazards It is important for you to know that regardless of where you work,

your employer must comply with workplace safety requirements

• Over-exhaustion

and may be subject to additional requirements that serve to

• Heightened risk of sexual assault improve working conditions.

What are My Legal Rights?

SAFE WORKPLACES: In the United States, you have the right, BREAKS & REST: Most workers are entitled to a meal break if regardless of your immigration status, to a safe and healthy you work enough hours per day, but you may not get paid for it.88 workplace free from hazards that could cause you serious If you work a shift of more than 6 hours (starting before 11 a.m.) physical harm.81 This includes: and work until 2 p.m., you must be given an uninterrupted lunch period of at least 30 minutes between 11 a.m. and 2 p.m.89

• The right to be trained in a language you understand.82

If you work in a factory, store, hotel, or restaurant in New York

• The right to work on machines that are safe.83

State, you are entitled to at least one full day of rest during each

• The right to be provided necessary safety gear.84

work week.90

• The right to protection against exposure to toxic chemicals,

excessive noise levels, and unsanitary conditions.85 DOMESTIC WORKERS: If you are a domestic worker,

• The right to review records regarding workplace injuries, you are entitled to one day of rest every 7 days, or overtime

illnesses, and test results for hazards.86 if you choose to work on your rest day.91 After one year of employment, domestic workers are also entitled to at least

• The right to be informed by your employer and given

3 paid rest days each year.92 These requirements apply information about any safety or health hazards that you are regardless of your immigration or work authorization status. exposed to in the workplace.87 You are also entitled to an unpaid meal break for at least For guidance and resources in New York State, visit the New 30 minutes if you work a shift of 6 hours or more. Note York Committee for Occupational Safety and Health: https:// that you can negotiate with your employer for more breaks, nycosh.org.

vacation, and sick time and can ask that these terms be included in a written agreement. CONSTRUCTION: If you are a woman working in the construction industry, you may face certain unique risks in addition to the general risks that may exist at your worksite. FARMWORKERS: In New York State, farmworkers For example, women may have difficulty obtaining personal are now legally entitled to at least 24 consecutive hours protective equipment (PPE) that fits properly or accessing of rest every week.93 24 hours spent at rest because of sanitary facilities. For more information on risks and ways weather or other circumstances counts as a day of rest. If to address them, visit: https://www.osha.gov/doc/topics/ you voluntarily decide not to take your day of rest, you are women/index.html. entitled to overtime pay (1.5 times your regular rate of pay) snoitidnoC gnikroW riaF ecalpkroW efaS A

eligible for workers’ compensation.94 If you are a migrant months.105 worker living in employer housing, your employer is required An eligible employee can take leave 1 for the birth and care of a to maintain your home in compliance with all sanitary, newborn child; 2 for the placement of a child through adoption health, and safety requirements.95 or foster care; 3 to care for an immediate family member (spouse, child, or parent) with a serious health condition; 4 to WAREHOUSE WORKERS: As of June 19, 2023, to address certain military family needs.106 distribution warehouse employers with 100 or more employees at a single location or 1,000 employees at one DISABILITY: Under New York State Law, employers must or more locations across New York, must give employees a provide disability benefits to eligible workers for off-the-job written description (in English and the employee’s primary injury or illness.107 If you qualify, you can receive 50% of your language) of each quota that employees are subject to. average weekly wage capped at the maximum benefit allowed.

This includes tasks to be performed within a defined period You can get more information or file a complaint with the NYS of time and consequences for not meeting the designated Workers’ Compensation Board: http://www.wcb.ny.gov/content/ quota. Employers are also prohibited from imposing a quota main/Workers/Workers.jsp.

system that prevents meal or bathroom breaks.96 WORKERS’ COMPENSATION: If you are injured while working or become ill as the result of workplace conditions, PAID SICK TIME: In New York State, employees accrue sick leave you can qualify for workers’ compensation, which is a form of at a rate of one hour of leave for every 30 hours worked. Employees insurance that covers a portion of your lost wages and medical of employers with 100 or more employees accrue up to 56 hours costs connected with your workplace illness or injury to assist you while you recover from your injury. Most workers qualify for employees accrue up to 40 hours of paid sick leave per year; and workers compensation and are eligible regardless of immigration status. For a list of workers who are not covered, visit: http:// hours of unpaid sick leave per year.97 Employees can use this leave www.wcb.ny.gov/content/main/Employers/Coverage_wc/ for their own mental or physical illness, injury, or health condition, empWhoNotCovered.jsp.

or that of a family member; for the diagnosis, care, or treatment of an illness, injury, or health condition; and for absences due to the employee or the employee’s family member being a victim of a FARMWORKERS: If you are a farmworker, you are eligible family offense, sexual offense, stalking, or human trafficking.98 Your for workers compensation benefits as of January 1, 2020.

employer also may offer more paid sick time than is required by law.99 Your employer cannot retaliate against you for requesting or You can get more information or file a complaint with the NYS using sick leave.100 Workers’ Compensation Board: http://www.wcb.ny.gov/content/ main/Workers/Workers.jsp. NYC: Employees who work in NYC are also entitled to paid sick days if they work for an employer with 5 or more employees, or The New York State Occupational Health Clinic Network, which 1 or more domestic workers. This leave can be used as it accrues, hosts state funded clinics throughout the state, offers specialized with no waiting period for new hires. Employees of employers with medical diagnoses, care, support, and evaluations for workers 4 or fewer employees earn unpaid sick leave.101 compensation claims for workers who get sick or are injured on the job. For more information, visit: https://www.health.ny.gov/ DOMESTIC WORKERS: Although many domestic environmental/workplace/clinic_network.htm.

workers are not entitled to paid sick leave under state law, RETALIATION: Employers are prohibited from retaliating domestic workers in NYC and Westchester are entitled to against you for making complaints about unsafe working accrue paid sick leave.102 In NYC, domestic workers accrue conditions.108 Further, in New York State, employers are 1 hour of leave for every 30 hours work and are entitled prohibited by law from retaliating against you for filing for to accrue up to 40 hours of paid sick time per year.103 In workers’ compensation benefits. And, under state law, if you Westchester, domestic workers accrue 1 hour of leave for have a right to a day of rest during the week and you request every 7 days worked, and are entitled to accrue and use up a day of rest, an employer cannot retaliate against you for to 40 hours of paid sick time per year.104 making that request. This means that your employer cannot take an action that negatively impacts your employment such as FAMILY OR MEDICAL LEAVE: If you work for a private firing you, demoting you, cutting your pay, or cutting your hours employer with 50 or more employees or a public employer, because you exercised one of your rights.109 Your employer you are likely covered under the Family and Medical Leave cannot retaliate against you for requesting or using paid sick Act (FMLA). The FMLA provides covered employees with up days under NYS law.110 As of February 19, 2023, New York State to 12 weeks of job protected, unpaid family or medical leave employers are prohibited from punishing employees for taking for employees who worked for their employer for at least 12 lawful absences111 36 © 2024 Legal Momentum snoitidnoC gnikroW riaF ecalpkroW efaS A

NYC: In New York City, an employer is prohibited from WHISTLEBLOWER PROTECTIONS: Employees, former retaliating against you for requesting or using sick time. You employees, and independent contractors are now considered must comply with any lawful workplace rules the employer whistleblowers when they reasonably believe that their employer is violating a law, rule, or regulation, or is creating a substantial has for requesting sick time, such as providing advance and specific danger to public health and safety and they raise this notice or providing a doctor’s note.112 concern with the employer or a government body. As of January HUMAN TRAFFICKING: If you have been forced, threatened, 26, 2022, an employer is prohibited from retaliating against these or induced to work against your will, you may be the victim of whistleblowers.115 human trafficking, which is illegal under federal and state law.113 ELECTRONIC MONITORING: As of May 7, 2022, your Victims of human trafficking may be threatened with violence employer must inform you if it monitors or otherwise intercepts against themselves or family members, made false promises of your telephone calls, e-mail, or internet use.116 As of March future benefits such as a green card, forced to work for free to 12, 2024, your employer is also prohibited from requesting or pay off debts, or threatened with deportation or arrest. You may requiring that you disclose the username or passwords of your be the victim of human trafficking if, during the course of your personal social media accounts.117 employment, you cannot freely come and go, you don’t have INDUSTRY-SPECIFIC REGULATIONS: There are rules that control of your identification documents or money, you are not apply to specific industries that are meant to protect workers paid or paid below the minimum wage, you are given housing against abusive practices in their specific line of work. Many of but told that you are not entitled to a salary, and/or you owe a these laws also aim to provide workers in these industries greater debt to your employer. You may be the victim of sex trafficking, stability and predictability in their work scheduling. Below are which is a form of human trafficking, if you are forced to engage some examples of protections that apply in specific industries.

in commercial sex acts against your will (whether by threats, To find out if there are regulations that apply to your job, contact manipulation, lies, debt bondage, or other forms of coercion). the NYS Department of Labor: 518-457-9000 or 888-469-7365, or, if you work in NYC, the NYC Department of Consumer Affairs:

• If you believe that you are the victim of human trafficking,

https://www1.nyc.gov/site/dca/businesses/workplace-laws-for- you can contact an advocate for assistance (National Human employers.page. Trafficking Resource Center Tel: 888-373-7888) or report your case to the New York State Department of Labor, Department • NYC RETAIL REQUIREMENTS ON SCHEDULING: If you work in the retail or fast-food industry in NYC, your employer of Immigrant Policies and Affairs: 877-466-9757, trafficking@ may have to comply with requirements that prohibit many labor.ny.gov, https://dol.ny.gov/human-trafficking.

abusive last-minute scheduling practices. For example, all

• There are a range of additional services that the state may covered retail employers can no longer engage in certain forms

provide, including emergency temporary housing, assistance of on-call scheduling, last minute schedule shift changes, or recovering unpaid wages, job skills training and placement, last minute cancellations of shifts.118 Retail employers must also provide and post written work schedules at least 14 days immigration and legal assistance, assistance establishing before an employee’s first shift in the schedule and contact permanent residence through special visas for victims of affected workers within 24 hours (or as soon as possible) if the human trafficking, mental and physical health services, schedule changes.119 counseling, assistance accessing public benefits, translation

• Nyc Fast-Food Requirements On Scheduling:

and interpretation, and criminal or civil action against the Covered fast-food employers in NYC must regularly provide trafficker. and post written work schedules and provide 14 days of notice for before day one of a new schedule.120 Employers IMMIGRATION STATUS: You have the right to a must pay a “premium” fee, between $10 and $75, for any last safe and healthy workplace regardless of your immigration minute schedule changes depending on how little notice they status. It is illegal retaliation if your employer threatens to provide.121 The law also places limitations on how an employer can schedule consecutive shifts.122 As of July 4, 2021, covered report you to immigration authorities because you try to fast food employers cannot, following a 30-day probationary exercise or enforce your rights under these laws.114 Despite period, terminate, lay off, or reduce the hours of employees by these laws, your employer may still retaliate against you, so more than 15% without “just cause”123 and must provide written you should contact a lawyer or legal advocate for guidance.

notices explaining the reason for termination.124 For assistance, visit the Additional Resources section at the

• NAIL SALON REGULATIONS: If you work for a nail salon

back of this Toolkit. in New York State, your employer must comply with various requirements including paying you minimum wage and overtime, providing protective safety gear, and posting the Bill 37 © 2024 Legal Momentum snoitidnoC gnikroW riaF ecalpkroW efaS A

If you have concerns or believe that your rights have been workplace. Visit https://www.osha.gov/workers/file_complaint. violated, there are various actions you can take to advocate html or call 1-800-321-OSHA. for yourself. In addition to the general guidance in Section 1, It is unlawful for your employer to punish you for filing a consider the following: complaint about your workplace conditions. Note that MONITOR YOUR WORKPLACE CONDITIONS: In some complaints can only be filed for current violations or violations jobs you voluntarily take on health and safety risks. But often, occurring within the past 6 months. many risks and hazards are avoidable and workers can be If you are challenging a violation of NYS requirements pertaining protected with safety equipment, protocols, and procedures. to disability or workers compensation benefits, you can file When you go to work each day, think about whether your a complaint with the NYS Workers’ Compensation Board. workplace is affecting your health and safety, whether you are If you do not think you are getting required breaks or time exposed to any serious hazards, and whether your employer is off, you can obtain more information or file a complaint with taking precautions to guard against risks that can be avoided. the NYS Department of Labor: https://www.labor.ny.gov/ SEEK ASSISTANCE: Consider contacting a local advocate or workerprotection/laborstandards/faq.shtm. Worker Center to obtain assistance navigating your workplace NYC: In New York City, you can report violations of issue and identifying which laws and protections apply to you. workplace laws, such as paid sick time requirements, to Worker Centers provide resources and guidance for a range the NYC Department of Consumer and Worker Protection of issues including problems with wages, safety issues, and (DCWP). To file a complaint, visit: https://www1.nyc.gov/ training. See the Additional Resources section at the end of this site/dca/workers/workersrights/file-workplace-complaint. Toolkit for a list of Worker Centers in New York State. page. Within DCWP, the Office of Labor Policy and Standards FILE A COMPLAINT: If you believe you are working under (OLPS) protects and promotes labor standards and policies unsafe conditions that have caused a serious hazard or that your to create fair workplaces. OLPS provides targeted resources employer is not complying with safety regulations, you can file and support for people of color, women, and immigrants. a confidential complaint with the U.S. Occupational Safety and For more information, visit: https://www1.nyc.gov/site/dca/ Health Administration (OSHA) and request an inspection of your about/office-of-labor-policy-standards.page..

violated, there are various actions you can take to advocate html or call 1-800-321-OSHA. for yourself. In addition to the general guidance in Section 1, It is unlawful for your employer to punish you for filing a consider the following: complaint about your workplace conditions. Note that MONITOR YOUR WORKPLACE CONDITIONS: In some complaints can only be filed for current violations or violations jobs you voluntarily take on health and safety risks. But often, occurring within the past 6 months.

many risks and hazards are avoidable and workers can be If you are challenging a violation of NYS requirements pertaining protected with safety equipment, protocols, and procedures. to disability or workers compensation benefits, you can file When you go to work each day, think about whether your a complaint with the NYS Workers’ Compensation Board.

workplace is affecting your health and safety, whether you are If you do not think you are getting required breaks or time exposed to any serious hazards, and whether your employer is off, you can obtain more information or file a complaint with taking precautions to guard against risks that can be avoided.

the NYS Department of Labor: https://www.labor.ny.gov/ SEEK ASSISTANCE: Consider contacting a local advocate or workerprotection/laborstandards/faq.shtm. Worker Center to obtain assistance navigating your workplace NYC: In New York City, you can report violations of issue and identifying which laws and protections apply to you.

workplace laws, such as paid sick time requirements, to Worker Centers provide resources and guidance for a range the NYC Department of Consumer and Worker Protection of issues including problems with wages, safety issues, and (DCWP). To file a complaint, visit: https://www1.nyc.gov/ training. See the Additional Resources section at the end of this site/dca/workers/workersrights/file-workplace-complaint.

Toolkit for a list of Worker Centers in New York State. page. Within DCWP, the Office of Labor Policy and Standards FILE A COMPLAINT: If you believe you are working under (OLPS) protects and promotes labor standards and policies unsafe conditions that have caused a serious hazard or that your to create fair workplaces. OLPS provides targeted resources employer is not complying with safety regulations, you can file and support for people of color, women, and immigrants.

a confidential complaint with the U.S. Occupational Safety and For more information, visit: https://www1.nyc.gov/site/dca/ Health Administration (OSHA) and request an inspection of your about/office-of-labor-policy-standards.page. 38 © 2024 Legal Momentum snoitidnoC gnikroW riaF ecalpkroW efaS A of Rights for Nail Workers in your place of work. The state can right to be paid within seven days of the work week on an shut down your shop if your employer is not in compliance. agreed upon payday.126 For more information or to file a complaint call the Task Force Farmworkers are also covered by the laws and regulations Hotline, 888-469-7365, or visit https://www.ny.gov/programs/ discussed above that require workers to have a safe nail-salon-safety-what-you-need-know.

workplace. If you feel that your health and safety on the farm is at risk, you can file a complaint by phone or FARMWORKERS: Under NY labor law, if you are email to report a violation and try to address the risk.127 the minimum wage and you are eligible to receive or fewer employees, you may be limited in the type of unemployment insurance benefits. Most farmworkers enforcement you can seek under federal law.128 Typical (those whose employers paid at least $1,200 for farm risks include pesticide exposure, heat and sun exposure, labor in the preceding calendar year) are eligible for hazardous tools and machinery and the risk of sexual workers’ compensation coverage.125 Note that you harassment. Farmworkers are also covered by anti- probably still qualify for benefits even if you were discrimination laws that prohibit sexual harassment in the recruited by a farm labor contractor. You also have the workplace.129