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

57. © 2024 Legal Momentum. Child Care Assistance & Protections for Caregivers: The closing of child care centers throughout the country certainly is bringing to light the fact that these centers were a real need . . . a need which was constantly with us, but one that we had neglected to face in the past. Now mothers have had the opportunity of going to work and leaving their children in a center where they felt secure . . . . They were able to work better and they were less exhausted physically . . . . These children are future citizens, and if they are neglected in these early years it will hurt not only the children themselves, but the community as a whole.” — Eleanor Roosevelt, First Lady and U.S. Delegate to the United Nations on the closing of child care centers following World War II © 2024 Legal Momentum 57.

Child Care Assistance & Protections for Caregivers you because you have children. Based on your income, you may be eligible for child care assistance to help you get or keep a job. The closing of child care centers throughout the country certainly is bringing to light the fact that these centers were a real need . . . a need which was constantly with us, but one that we had neglected to face in the past. Now mothers have had the opportunity of going to work and leaving their children in a center where they felt secure . . . . They were able to work better and they were less exhausted physically . . . . These children are future citizens, and if they are neglected in these early years it will hurt not only the children themselves, but the community as a whole.” — Eleanor Roosevelt, First Lady and U.S. Delegate to the United Nations on the closing of child care centers following World War II

If you are a woman who has recently had a child and you are changes that would help you return to work while still giving you the seeking to return to work, you may face obstacles trying to find opportunity to care for your child. If you are facing these obstacles, high quality affordable child care options. You may also have you have certain rights and may be able to access certain benefits difficulty receiving assistance from your employer to get workplace to assist with child care.

What are My Legal Rights if I Care for a Young Child?

In New York State, your employer is prohibited from Are There Programs or Benefits Available discriminating against you based on your familial status.209

to Assist with Child Care?

This means that it is unlawful for an employer to discriminate against you because you have children under the age of 18. In New York, if your family meets the state’s low-income Examples of discrimination include: guidelines, you may be able to receive financial assistance from the Office of Children and Family Services to help you pay for

• An employer decides not to hire you after expressing

child care while you 1 work, 2 look for work, or 3 attend employee concerns about your child care responsibilities. trainings. Individuals on Temporary Assistance are generally

• Your boss promotes another employee over you even though guaranteed childcare if they need it to meet work participation

requirements and for up to one year after leaving temporary you have more experience because he was concerned about assistance if they left for a job and need child care to work. your child care responsibilities. Families receiving assistance can typically choose any legal child Since it can sometimes be difficult to prove your employer’s care provider.

motivation, it is important that you pay close attention to Your county Department of Social Services (Human Resources cues and statements they make regarding your child care Administration (HRA), in New York City) determines eligibility responsibilities and keep track of your job performance. based on income, need, and your child’s age. You must contact NYC: If you work in New York City, for an employer with your county Social Services office to find out if you are eligible or four or more employees to discriminate against you to apply.

because you are a caregiver.210 This means, you cannot be For a listing, visit: https://ocfs.ny.gov/main/localdss.asp. discriminated against because you care for 1 a child under 18 (including adopted or foster children), 2 other individuals For more information, visit: https://ocfs.ny.gov/main/childcare/ such as parents, siblings, spouses, domestic partners, paying.asp.

grandparents, or grandchildren who are sick or have a Additional child care subsidy programs may exist in your locality. disability, or 3 anyone with a disability who lives with you For example, the Workforce Development Institute offers a child and depends on you for medical or daily care. care subsidy program that covers Albany, Erie, Monroe, Oneida, Can I Request a Reasonable Onondaga, Rensselaer, Saratoga, and Schenectady Counties. For more information, visit: https://wdiny.org/Services/Workforce- Accommodation to Help Address Child Support/Child-Care-Subsidy-Program.

Care Responsibilities?

Are There Programs or Benefits Available

While the law does not specifically grant you a right to a to Help Send My Child to Preschool?

reasonable accommodation when child care issues arise, keep in mind that it is unlawful for your employer to treat you less Free preschool is not available throughout the state. Free Pre- favorably than others who need workplace flexibility. So, your Kindergarten is available to all NYC kids, and based on the year employer may be discriminating against you if they refuse to your child was born, your 3- or 4-year-old is guaranteed a seat in grant you more flexibility in your schedule to attend to child a public school, although the school may not necessarily be close care responsibilities whereas they grant others flexibility on to where you live.

grounds that are also not guaranteed under the law. Free Pre-kindergarten in New York City runs 5 days a week from September to June with full-day (6 hours and 20 minutes) and

If you have concerns or believe that your rights have been internally if you seek to hold your employer accountable in an violated, there are various actions you can take to advocate administrative forum or in court. Speak with a legal services for yourself. In addition to the general guidance in Section 1, organization or advocate for further guidance. consider the following: FILE AN ADMINISTRATIVE COMPLAINT: If your IDENTIFY LOCAL RESOURCES: In addition to consulting employer did not appropriately address your discrimination your local Department of Social Services, it is important to complaint, you can contact or file a formal administrative speak with and reach out to local community members and complaint with the New York State Division of Human Rights organizations when researching and identifying affordable (https://dhr.ny.gov/contact-us). If you work in a locality like child care options. Local communities often maintain list- New York City that prohibits discrimination based on you serves or other useful resources that can provide useful familial or caregiver status, you can file a complaint with your information. local fair employment agency. In New York City, you can file with the New York City Commission on Human Rights (https:// NOTIFY YOUR EMPLOYER ABOUT THE LAW: Since the www1.nyc.gov/site/cchr/enforcement/complaint-process. adoption of protections based on familial or caregiver status page). are relatively new, many employers are not well-informed about their legal obligations. If you think that your employer is FILE A LAWSUIT: If you feel like your employer did not.

discriminating against you based on your familial or caregiver appropriately address your discrimination complaint, you can.

status and it is adversely impacting your employment, file a lawsuit against your employer under the New York State consider speaking with your employer and notifying them Human Rights Law and/or any applicable local laws, such as about applicable legal requirements and/or reporting the the New York City Human Rights Law. Consult an attorney or discrimination. Generally, you must report the discrimination legal advocate for guidance..

Are There Programs or Benefits Available some half-day options. Applications for the next school year typically open in the winter. For more information, visit: https://

to Help with Afterschool Coverage?

www.schools.nyc.gov/enrollment/enroll-grade-by-grade/pre-k. Your child may also qualify for free 3-K for three year olds. New York City offers a variety of afterschool programs for school-age children. To find out more information about available programs, visit: https://www.schools.nyc.gov/school-life/school- environment/after-school.

59 © 2024 Legal Momentum srevigeraC rof snoitcetorP ecnatsissA eraC dlihC violated, there are various actions you can take to advocate administrative forum or in court. Speak with a legal services for yourself. In addition to the general guidance in Section 1, organization or advocate for further guidance.

consider the following: FILE AN ADMINISTRATIVE COMPLAINT: If your IDENTIFY LOCAL RESOURCES: In addition to consulting employer did not appropriately address your discrimination your local Department of Social Services, it is important to complaint, you can contact or file a formal administrative speak with and reach out to local community members and complaint with the New York State Division of Human Rights organizations when researching and identifying affordable (https://dhr.ny.gov/contact-us). If you work in a locality like child care options. Local communities often maintain list- New York City that prohibits discrimination based on you serves or other useful resources that can provide useful familial or caregiver status, you can file a complaint with your information. local fair employment agency. In New York City, you can file with the New York City Commission on Human Rights (https:// NOTIFY YOUR EMPLOYER ABOUT THE LAW: Since the www1.nyc.gov/site/cchr/enforcement/complaint-process.

adoption of protections based on familial or caregiver status page). are relatively new, many employers are not well-informed about their legal obligations. If you think that your employer is FILE A LAWSUIT: If you feel like your employer did not consider speaking with your employer and notifying them Human Rights Law and/or any applicable local laws, such as about applicable legal requirements and/or reporting the the New York City Human Rights Law. Consult an attorney or discrimination. Generally, you must report the discrimination legal advocate for guidance.

12.

Public Benefits: Based on your income, you may be eligible for critical public benefits, including cash assistance, food assistance, free healthcare, and housing assistance. If your benefits are denied or terminated, you must be informed in advance and have an opportunity to contest the determination. If you do not speak English and need assistance, you can request language assistance (translation and interpretation)..

60. Public Benefits: Remember that no one succeeds alone. Never walk alone in your future paths.” — Justice Sonia Sotomayor, Associate Justice of the Supreme Court of the United States © 2024 Legal Momentum.

public benefits, including cash assistance, food assistance, free healthcare, and housing assistance. If your benefits are denied or terminated, you must be informed in advance and have an opportunity to contest the determination. If you do not speak English and need assistance, you can request language assistance (translation and interpretation).

If you are a woman with a low income, you may face many you should know that the administering agency is typically challenges trying to make ends meet. If you are not already prohibited from terminating your benefits or denying assistance receiving public benefits, you should know that, whether you unless you are informed in advance and have an opportunity are employed or unemployed, you may qualify for various to contest the determination. If you need benefits but don’t types of assistance, including cash or food assistance; free know how to get them because you don’t speak English, you are healthcare, including prenatal care; housing assistance; and/ entitled to language assistance.

or unemployment benefits. If you already receive benefits,

What Kinds of Benefits are Available?

Cash Assistance VICTIMS OF DOMESTIC VIOLENCE: If you are a domestic violence victim and you are concerned that meeting If you are a person in need of assistance due to low or no income, certain requirements to obtain temporary assistance may you may qualify for cash assistance under New York’s Temporary place you or your children at greater risk of harm or make it Assistance for Needy Family (TANF) programs211 Eligible families difficult to escape, you may request a waiver to temporarily and individuals with low-income may receive up to 60 months of delay those requirements. If you request a waiver, you will be federally funded cash assistance to help if you are unable to work, screened for domestic violence. For more information, visit:

cannot find a job, or if your job does not pay enough to allow you https://opdv.ny.gov/financial-compensation. In NYC, you may to support yourself or your family. You may also be able to receive also be eligible for emergency assistance in the form of a specific assistance to cover the cost of home energy, shelter, and “One Shot Deal” to address domestic violence issues, which fuel, or to receive additional support during certain emergency you should ask about at your HRA office. You should also situations.

consider speaking with a domestic violence advocate about To determine if you are eligible, you must file an application safety planning. Visit section 7 on Domestic Violence, Sexual with your county Department of Social Services. To find your Assault, and Stalking for more information. local Department of Social Services visit: https://otda.ny.gov/ workingfamilies/dss.asp.

Food Assistance NYC: Note that if you live in New York City, you must apply for assistance through the Human Resources Administration If you are person in need of assistance due to low or no (HRA) at a local job center. You may also be eligible to income, you may qualify to receive food assistance under New receive emergency financial assistance through a one-time York’s Supplemental Nutrition Assistance Program (SNAP).

emergency grant called a “One Shot Deal” to prevent eviction, The program issues electronic benefits provided through an address domestic violence, pay energy or utility bills, or Electronic Benefit Transfer (EBT) card that provides money for buy health-related items. Assistance is available regardless you to purchase food at authorized stores. To be eligible, you of immigration status. For more information, visit: https:// must meet certain income requirements. If you are eligible, your portal.311.nyc.gov/article/?kanumber=KA-01104. allowance will depend on your household size.214 Benefits are administered by the NYS Office of Temporary and IMMIGRATION STATUS: Eligibility for cash Disability Assistance (OTDA). For more information, you should assistance is limited to U.S. citizens or individuals with contact your local Department of Social Services (https:// certain eligible immigration status, provided you meet otda.ny.gov/workingfamilies/dss.asp) or call the OTDA hotline:

program requirements.212 To see if you are eligible, contact 1-800-342-3009. your local Department of Social Services. You can obtain a copy of the SNAP application here: https://otda. ny.gov/programs/apply/#snap, or you can apply online at https:// NOTE: Receiving cash assistance (and possibly other mybenefits.ny.gov/mybenefits/begin, in person at your local office types of benefits) may affect your immigration case.213 or SNAP center, or in writing by mailing or faxing a completed For guidance, contact a lawyer or legal advocate. application.

Visit: https://www.ilrc.org/public-charge or see the Additional Resources section at the end of this Toolkit. Once you file an application the office will review it, conduct an interview, and determine your eligibility. If you qualify, you must receive assistance no later than 30 days from the date the local district received your application.

stfieneB cilbuP Accessing Public Benefits

SCHOOL FOOD PROGRAMS: If your child attends a public IMMIGRATION STATUS: Eligibility for public health school, your child may qualify to receive free or reduced price insurance programs is limited to U.S. citizens or individuals breakfast and/or lunch at school depending on your income, with certain eligible immigration status, provided you meet family size, and the school that your child attends. For more program requirements. However, all children, regardless of information, ask your school about whether it offers breakfast immigration status, are eligible for health insurance under and lunch programs.

New York State’s Child Health Plus program. If you are NYC: Breakfast and lunch are free for all students in every pregnant, you are eligible to receive prenatal care through NYC public school. For more information, visit: http://www. Medicaid, regardless of your immigration status. Adults schoolfoodnyc.org/freelunch/freelunch.htm. may also be eligible for Medicaid coverage for emergency medical conditions regardless of immigration status. For The Free Summer Meals program provides children and more information, visit https://www1.nyc.gov/site/ochia/ young adults (18 years old and younger) with free breakfast find-what-fits/immigrants.page.

and lunch at select schools, parks, pools, libraries, and food trucks in all 5 boroughs. To find a location visit: http://www. schoolfoodnyc.org/sch_search/summerNew.aspx. Assistance for Mothers with Low Income IMMIGRATION STATUS: Eligibility for food assistance through SNAP is limited to U.S. citizens or If you are a woman with a low-income who is pregnant, individuals with certain eligible immigration status, breastfeeding, or recently had a child, you and your children (up provided you meet program requirements. To see if you to the age of 5) may be eligible to receive nutrition education, are eligible, contact your local Department of Social breastfeeding support, referrals, and assistance to purchase Services. Note that eligibility for a school food program a variety of nutritious foods under the Special Supplemental does not depend on your immigration status. Additionally, Nutrition Program for Infants and Children (WIC). The purpose food pantries typically provide assistance to individuals of these benefits is to improve your family’s health and nutrition.

regardless of immigration status. The program is administered by the NYS Department of Health, which issues checks to eligible recipients to purchase certain nutritious foods listed on the WIC Acceptable Foods Card at Healthcare authorized WIC stores. If you and/or your children are in need of healthcare and you To apply, you will need to make an appointment with a local have low or no income, you may qualify for Medicaid, Medicare, agency that provides WIC services: https://www.health.ny.gov/ the Children’s Health Insurance Program (CHIP) or Child Health prevention/nutrition/wic/local_agencies.htm.

Plus in New York State. Medicaid and CHIP provide free or low- For more information on eligibility and how to apply, visit: https:// cost health coverage if you do not earn an income or earn a low www.health.ny.gov/prevention/nutrition/wic/how_to_apply. income that falls within the eligibility requirements.

To qualify for Medicaid in New York State, you must be a resident IMMIGRATION STATUS: Benefits under the WIC of New York State, not have healthcare, and qualify as low or very program are available regardless of immigration status. low income. To qualify for Child Health Plus or Children’s Medicaid, or be pregnant, you must have a low or very low-income, and you Housing Assistance cannot be covered by private health insurance.

Benefits may cover things like wellness visits and physical Various federal, state, and locally funded programs provide exams; immunizations; surgery; emergency care; hospital care; housing assistance to eligible low- and moderate-income prescription and non-prescription drugs; pediatric dental, vision, families in New York State. Through these programs, you may speech, and hearing; and maternity and newborn care. be able to find a subsidized unit, which is typically referred to as public housing, or receive a voucher to supplement your monthly Note that whether your healthcare coverage is through Medicaid, rent payments under what is typically referred to as the Section your employer, or an individual plan, your insurance should not 8 or Housing Choice Voucher Program.

be charging you out-of-pocket expenses for certain preventive services for women such as wellness visits, contraception, Eligibility for programs is typically based on your annual gross pregnancy-related services, breastfeeding help, and breast income and may also depend on other factors such as your age, disability status, or family size. Income limits vary by area.

and cervical cancer screenings.215 For more information, go to: https://www.health.ny.gov/community/adults/women/comp_cov_ For both public housing and Section 8, certain applicants may womens_prevent_care.htm. qualify for priority placement; for example, providers typically give priority to victims of domestic violence, dating violence, sexual assault, or stalking.

To apply for public housing, contact your local housing authority, NYC: In New York City, homelessness prevention services which can be found here: https://www.hud.gov/topics/rental_ can be obtained through Homebase, a program administered assistance/phprog. by community-based organizations in high-need neighborhoods that offer a range of services such as eviction To find out more about applying for Section 8 assistance in New prevention, assistance obtaining benefits, emergency rental York State, visit: http://www.nyshcr.org/Programs/Section8HCV/. assistance, education and job placement assistance, financial counseling, and short-term financial assistance. For more NYC: In New York City, the Section 8 programs are information or to find your local Homebase office, https:// administered by the NYC Housing Authority, NYC Housing www1.nyc.gov/site/hra/help/homebase.page.

Preservation and Development, and New York State Housing and Community Renewal. https://www1.nyc.gov/site/nycha/ SHELTERS: There are a large number of shelters across New section-8/applicants.page. York State that provide emergency shelter and services if you are already homeless and need to find permanent housing. These FREE HOUSING COURT ASSISTANCE IN NYC: If shelters are operated by local social service districts or by local you are a tenant with a low-income and you have a case in providers. There are also a range of support services programs housing court in NYC, you may be eligible to receive free legal run by the NYS Housing and Support Services, such as the assistance. To find out more information, visit: http://www.

Homeless Housing and Assistance Program (HHAP). nycourts.gov/courts/nyc/housing/legalassistance.shtml. If you are homeless in New York State and need assistance SEXUAL HARASSMENT IN HOUSING: It is not uncommon finding a shelter and support services, contact the Department of for landlords to abuse their positions of power to sexually Social Services in your county, which can be located here: https:// harass or assault tenants and prospective tenants. It is illegal otda.ny.gov/workingfamilies/dss.asp.

for a landlord or housing services provider to discriminate against you on the basis of your sex or to subject you to sexual To find a housing service provider by region or by program, visit: harassment.216 This means that your landlord or housing provider https://otda.ny.gov/programs/housing/providers/.

is prohibited from engaging in offensive conduct, such as making comments about your looks or your body, or requiring you to go NYC: In New York City, you are entitled to receive temporary on a date or engage in sexual conduct in order to obtain housing emergency shelter when you have no other housing options.

or, to avoid a rent increase. In fact, because New York City has a “right to shelter” mandate, you are guaranteed at least temporary emergency If you experience discrimination or harassment, you can file shelter, so long as you are eligible.217 If you are homeless a complaint with the U.S. Department of Housing and Urban and you are a family, single pregnant woman, or a single Development (HUD). For more information on filing a complaint, adult, you can apply for a spot at a shelter. Shelters are visit: https://www.nyc.gov/site/hpd/services-and-information/ also available to youth in crisis and pregnant youth in crisis tenant-harassment.page. You can also file a complaint with the who are under 21 and homeless. Special shelter options are New York State Division of Human Rights or your local equal available if you are a homeless veteran.

opportunity agency. Once you apply, the NYC Department of Homeless Services NYC: In New York City, it is also illegal for your landlord to (DHS) will do an assessment to see if you are eligible. If you harass you to try to get you to leave your apartment. For qualify, you can remain in the shelter for a while, however, you more information or to report an issue, visit: https://www1. will have to comply with certain requirements to keep your nyc.gov/site/hpd/renters/harassment.page. You can also file spot, such as actively searching for permanent housing and a complaint with the New York City Commission on Human employment (if you are unemployed).

Rights. For more information, or to find a Shelter Intake Center in SUPPORT SERVICES AND HOMELESSNESS NYC: visit: https://access.nyc.gov/programs/homeless- PREVENTION: If you are at risk of homelessness, there are a intake-shelters-and-drop-in-centers-dics/#how-to-apply. range of support services programs run by Housing and Support Services, such as the Solutions to End Homelessness Program Note that if you do not speak English, interpretation (STEHP) and the New York State Supportive Housing Program assistance is provided.

(NYSSHP). These services are designed to provide essential For additional Resources for families in shelters in New York services to help you stabilize your housing situation and to City, visit: https://www1.nyc.gov/assets/dhs/downloads/pdf/ increase your self-sufficiency. desk-guide-of-housing-resources-for-families-in-shelter.pdf.

If you live in New York State and are at risk of becoming

Shelters For Victims Of Domestic Violence

homeless, contact the Department of Social Services in - NYC: Survivors of domestic violence residing in New York your county, which can be located here: https://otda.ny.gov/ City may receive temporary housing, emergency shelter, and workingfamilies/dss.asp. supportive services for themselves and their children through To find a housing service provider by region or by program, visit: the Human Resources Administration and Safe Horizon.

FARMWORKERS: Farmworkers who meet program requirements are now eligible to receive unemployment insurance.220: IMMIGRATION STATUS: Under federal law, if you are not a U.S. citizen, you must have valid employment authorization at the time you earned wages and at the time you are looking for work in order to be eligible for unemployment benefits.221.

64 © 2024 Legal Momentum stfieneB cilbuP Safe Horizon offers 8 confidential domestic violence shelters an immediate family member. If this is the case, you must make located throughout New York City. For more information, this clear in your application for unemployment benefits. call 1-800-621-HOPE, or visit: https://www.safehorizon.org/ domestic-violence-shelters/.

FARMWORKERS: Farmworkers who meet program requirements are now eligible to receive unemployment IMMIGRATION STATUS: To be eligible for assistance insurance.220 for public housing or Section 8 assistance, at least one household member, which could include a minor child, IMMIGRATION STATUS: Under federal law, if you must be a citizen or have eligible immigration status.218 are not a U.S. citizen, you must have valid employment If you receive benefits, your family’s rental subsidy will authorization at the time you earned wages and at the be “pro-rated” or adjusted based on each member of the time you are looking for work in order to be eligible for household who does not have eligible status, which means unemployment benefits.221 you will likely receive less assistance on that basis.219 In NYC, access to shelters is available to individuals and families who have no other safe place to stay regardless of Tax Credits immigration status.

Working families and individuals with low or moderate incomes can benefit from certain tax credits if they are eligible. These Unemployment Benefits tax credits include the Earned Income Tax Credit for low-and moderate-income working people, and the Child Tax Credit (CTC), In New York State, unemployment insurance provides temporary which help working families offset the cost of raising children by income for eligible workers who lose their jobs through no fault providing credits for eligible children who are under 17 at the end of their own. To qualify, you must have worked and earned of the tax year.

enough wages in covered employment and must be ready, If you have a low-income and need help with your taxes, the IRS willing, and able to work, and actively looking for work during Volunteer Income Tax Assistance (VITA) program offers free each week in which you are claiming benefits. You can apply tax assistance to people who generally make $64,000 or less, for benefits through the NYS Department of Labor. https://www.

persons with disabilities and those with limited English skills labor.ny.gov/unemploymentassistance.shtm. who need assistance in preparing their own tax returns. For more Note that you may qualify even if you “voluntarily” left your job to information, visit: https://www.irs.gov/individuals/free-tax-return- escape or address domestic violence based on your determination preparation-for-you-by-volunteers or https://www.tax.ny.gov/pit/ that staying in your job would threaten your safety or the safety of file/vita.htm.

APPLY FOR BENEFITS, COMPLY WITH PROGRAM CHALLENGE A DENIAL OR TERMINATION OF REQUIREMENTS & SEEK ASSISTANCE: Obtaining BENEFITS: If you are already receiving public benefits, your essential benefits that you qualify for can be the difference benefits generally cannot be denied or terminated unless between falling into poverty and putting yourself on a path you are given proper and timely notice, including information to support yourself and your family in a sustainable way. regarding the reasons for the denial or termination. Generally, Application processes for benefits can be intimidating and to you must also be given an opportunity to challenge or appeal maintain eligibility, you often have to comply with complicated the denial or termination in a hearing. If you are denied rules and submit complicated paperwork. While these rules and benefits or your benefits are terminated, the agency where processes can be frustrating, it is important that you do your you applied should have an appeal process, which you should best to follow them. Maintaining your benefits is much easier ask about. As per above, you may be able to obtain free legal than losing them and having to fight to get them back. assistance based on your income. Contact a legal service provider, such as the Legal Aid Society in your locality or the If you have questions about whether you are eligible or need New York Legal Assistance Group (NYLAG), for guidance: more information, contact your local Department of Social https://www.nylag.org/get-help. Services: https://otda.ny.gov/workingfamilies/dss.asp. Also GET LANGUAGE ASSISTANCE IF YOU NEED IT: To keep in mind that many non-profits provide free legal services ensure that people have meaningful access to benefits, New and may be able to assist you based on your income. For York State and City agencies must generally provide some help navigating the application process, you can also reach language assistance services, including translation and out to various service providers such as the New York Legal interpretation to individuals of limited English proficiency.222 Assistance Group (NYLAG): https://www.nylag.org/get-help. If you are seeking services from the state or a city agency and NYC: For assistance finding benefits and determining if you do not feel comfortable communicating in English, you you are eligible, visit ACCESS NYC: https://access.nyc.gov. should ask for language assistance..

REQUIREMENTS & SEEK ASSISTANCE: Obtaining BENEFITS: If you are already receiving public benefits, your essential benefits that you qualify for can be the difference benefits generally cannot be denied or terminated unless between falling into poverty and putting yourself on a path you are given proper and timely notice, including information to support yourself and your family in a sustainable way. regarding the reasons for the denial or termination. Generally, Application processes for benefits can be intimidating and to you must also be given an opportunity to challenge or appeal maintain eligibility, you often have to comply with complicated the denial or termination in a hearing. If you are denied rules and submit complicated paperwork. While these rules and benefits or your benefits are terminated, the agency where processes can be frustrating, it is important that you do your you applied should have an appeal process, which you should best to follow them. Maintaining your benefits is much easier ask about. As per above, you may be able to obtain free legal than losing them and having to fight to get them back. assistance based on your income. Contact a legal service provider, such as the Legal Aid Society in your locality or the If you have questions about whether you are eligible or need New York Legal Assistance Group (NYLAG), for guidance:

more information, contact your local Department of Social https://www.nylag.org/get-help. Services: https://otda.ny.gov/workingfamilies/dss.asp. Also GET LANGUAGE ASSISTANCE IF YOU NEED IT: To keep in mind that many non-profits provide free legal services ensure that people have meaningful access to benefits, New and may be able to assist you based on your income. For York State and City agencies must generally provide some help navigating the application process, you can also reach language assistance services, including translation and out to various service providers such as the New York Legal interpretation to individuals of limited English proficiency.222 Assistance Group (NYLAG): https://www.nylag.org/get-help.

If you are seeking services from the state or a city agency and NYC: For assistance finding benefits and determining if you do not feel comfortable communicating in English, you you are eligible, visit ACCESS NYC: https://access.nyc.gov. should ask for language assistance. 65 © 2024 Legal Momentum stfieneB cilbuP

13.

Protecting Our Rights Together: You may have certain rights and opportunities to organize, join a union, and take action with other workers to improve your pay and working conditions without being punished by your employer..

6666. © 2024 Legal Momentum. Protecting Our Rights Together: From New York to Florida, from Florida to Texas and California, in several states in many cities and towns I became a part of the struggle… — for better working conditions, for more pay, for improvements in the deplorable conditions of women workers, Negro workers, Mexican workers. Many times we tried and failed partially; but most of the time we were successful.” — Luisa Moreno, Leader in the U.S. Labor movement and social activist who convened the 1939 Congreso de Pueblos de Habla Española, the First National Latino Civil Rights Assembly © 2024 Legal Momentum.

Protecting Our Rights Together You may have certain rights and opportunities to organize, join a union, and take action with other workers to improve your pay and working conditions without being punished by your employer. From New York to Florida, from Florida to Texas and California, in several states in many cities and towns I became a part of the more pay, for improvements in the deplorable conditions of women workers, Negro workers, Mexican workers. Many times we tried and failed partially; but most of the time we were successful.” — Luisa Moreno, Leader in the U.S. Labor movement and social activist who convened the 1939 Congreso de Pueblos de Habla Española, the First National Latino Civil Rights Assembly 6666 © 2024 Legal Momentum © 2024 Legal Momentum

What is Collective Action?

Confronting your boss to challenge discrimination or advocate Your ability to work together with your coworkers to seek for better wages and benefits can be intimidating and risky, improvements in your workplace is important because it levels especially when you are doing it on your own. However, many the playing field. Unless you organize, employers hold all the people often find that when they are dealing with a problem at cards when setting wages and working conditions. This power work, others are dealing with it as well. imbalance can make it difficult for a single employee acting alone to challenge discrimination, unfair wages, work schedules, and/ As workers, there are ways in which you can work together with or lack of employee benefits. When employees work together to your co-workers to improve and change your working conditions, try and make change in the workplace, this collective action can and there are federal and state laws that may protect your increase the chances that your employer will respond to your organizing activities.

demands.

Who is Protected by the Law?

The National Labor Relations Act (NLRA), a federal law, covers almost all private employees.223Public employees in New York State, who are not covered under the NLRA, are covered under New York State’s Taylor Law.224 IMMIGRATION STATUS: The NLRA applies to covered employees regardless of their immigration status. However, depending on your immigration status, you may not be able to obtain the same remedies provided to other employees under the NLRA.

FARMWORKERS: Farmworkers now have the right to organize with co-workers or join unions to seek better working conditions in New York State. If employers attempt to punish workers for exercising these rights, workers may file complaints with the NYS Public Employment Relations

What is a Union?

A union is an organization made up of workers who are able “at-will” employment state, meaning that an employer can fire you to bargain for better wages and working conditions. Unions for any reason or even no reason, unless they are discriminating advocate for all workers in the “bargaining unit” (a group of against you based on your status in a protected class, such people within a workplace who qualify for union protection even if as your sex or gender. If you are part of a union, however, the they aren’t members) by negotiating with the employer to improve union may require the employer to have a reason for firing you.

If an employer fires you for no reason, then the union can help wages, hours, working conditions, insurance, pensions, and other advocate on your behalf. The union can also help advocate employee benefits. for you if you believe you were fired for an illegal reason (like Unions can provide job protection for workers. New York is an discrimination).

67 © 2024 Legal Momentum rehtegoT sthgiR ruO gnitcetorP Board.225 Employers may file complaints against workers however if they strike or engage in work stoppages or slow- downs.226 The law does not apply to independent contractors and may not apply to certain part-time employees or temporary employees.227 However, just because an employer says you are an independent contractor, does not mean you actually are one under the law.

Your employer may be “misclassifying” you as an independent contractor, which qualifies as an unfair labor practice that violates the National Labor Relations Act.228 For example, you may be considered an employee if your employer “controls” how you do your work. This may be the case if your employer requires you to work 40 hours a week, requires you to work at 9 a.m. every weekday, or requires you to work from a certain location. Your employer could be found liable for misclassification and be ordered to cease the practice and to compensate employees for any losses in earnings or benefits.229

What Can I Do to Assert My Rights?.

ADVOCATE FOR YOUR RIGHTS THROUGH A UNION: If joining the union as a member by contacting the union you are covered by the above protections, joining, forming, or representative. If your workplace is not unionized, you could participating in a union can be one way to protect your right talk to your co-workers about wanting to form a union and to work together with other workers. There are hundreds of research which union and local chapter would best represent national unions, with thousands of local chapters. Unions are you and your co-workers. often organized by the type of work performed by the union JOIN THE FREELANCERS UNION: Independent members—for example, there are unions for home health care contractors, also called freelancers, have the option of joining workers, teachers, nurses, construction workers, teamsters, the Freelancers Union. Although referred to as a union, it electrical workers, and other types of work. does not provide the same type of benefits and protections If your workplace is already unionized, you can ask about a union traditionally provides. Instead, the Freelancers © 2024 Legal Momentum © 2024 Legal Momentum.

What are My Legal Rights?

Under the NLRA, covered private employees have the right to join together to improve their wages and working conditions.230 WAGES: In New York State, workers have the right to ask about, This means that you can form a union at work, join a union, or try discuss, or share their pay rates and wages with coworkers.236 to bargain collectively without a union.231 The law also protects Therefore, if you discuss your hourly rate with another employee, employee’s rights to engage in collective bargaining and other your employer is prohibited from punishing you for sharing such concerted activities for that purpose.232 information.

You have the right to discuss employment conditions with your RETALIATION: If you and your co-workers engage in protected co-workers without being punished, and it is unlawful for an concerted activity, the law prohibits your employer from firing, employer to interfere with, restrain, or coerce employees in their suspending, disciplining, or punishing you or from taking any exercise of these rights.233 negative employment action against you as a result of that activity.237 If your employer retaliates against you, this violates For more information on the types of protected activity under the the law. You may be able to recover back pay and, if you were NLRA, visit: https://www.nlrb.gov/rights-we-protect/whats-law/ fired, the employer may be required to rehire you.

employers/interfering-employee-rights-section-7-8a1. Under New York’s Taylor Law, public employees (those working IMMIGRATION STATUS: You have the same rights for the government or governmental agencies in New York State) under the NLRA regardless of your immigration status; have the right to organize and bargain collectively, but they do not however you may be exempt if you work in an industry, have the right to strike.234 such as farm labor, that is not covered.238 It is illegal for As of November 1, 2021, Employers in New York with at least your employer to threaten to report you to immigration 10 employees are required to allow their employees to establish authorities or to other law enforcement officials for joint employer-employee workplace committees, even if the engaging in such activity.239 This would constitute workplace is not unionized. This committee can serve as a forum retaliation under the law. It is also illegal for your employer for employees to collectively assert their shared health and safety to impose more onerous requirements, such as to require concerns. The law also protects employees who establish or new immigration papers, because you engaged in concerted participate in a committee from retaliation.235 activity.240 Note, however, that your immigration status may limit the remedies that you can recover if you take NOTE: You must still comply with any workplace rules, even administrative or legal action. Note also, that even though when engaging in concerted activity. For example, so long as it is illegal, your employer may still retaliate against you so your employer applies the rule fairly and consistently to all you should contact a lawyer or legal advocate for guidance.

employees, your employer may prohibit all employees from For assistance, visit the Additional Resources section at the using work hours and resources (like printers) for personal or back of this Toolkit. non-work related purposes, such as union activity. you are covered by the above protections, joining, forming, or representative. If your workplace is not unionized, you could participating in a union can be one way to protect your right talk to your co-workers about wanting to form a union and to work together with other workers. There are hundreds of research which union and local chapter would best represent national unions, with thousands of local chapters. Unions are you and your co-workers.

often organized by the type of work performed by the union JOIN THE FREELANCERS UNION: Independent members—for example, there are unions for home health care contractors, also called freelancers, have the option of joining workers, teachers, nurses, construction workers, teamsters, the Freelancers Union. Although referred to as a union, it electrical workers, and other types of work.

does not provide the same type of benefits and protections If your workplace is already unionized, you can ask about a union traditionally provides. Instead, the Freelancers 6688 © 2024 Legal Momentum © 2024 Legal Momentum rehtegoT sthgiR ruO gnitcetorP

rehtegoT sthgiR ruO gnitcetorP Union is more like an advocacy group that pushes for better courses, and networking events, as well as a list of other working conditions for freelancers. It also provides its organizations that provide similar services. You can access members with “portable” benefits, such as health, dental, life or review these resources here: https://nycworker.coop/ insurance, disability, and liability insurance. These benefits home/.

are “portable” in that a freelancer can “carry” these benefits with them, regardless of where or for whom they work. The FORM AN EMPLOYEE RESOURCE GROUP: You and Freelancers Union, although based in New York City, offers free your co-workers can form an employee resource group. An membership to freelancers nationwide. employee resource group is a group of workers who share a common trait. For example, you could form an employee NYC: In New York City, freelancers may file a lawsuit resource group for women, a group for new mothers, for if they are not paid for their work. They can also file a mothers returning to work, or a group based on age, disability, claim with the New York City Office of Labor and Policy or LGBTQ status. Employee resource groups can be used as a Standards by email at freelancer@dca.nyc.gov or by phone at (212) 436-0380. If you file a lawsuit because you space for women and minority workers to freely discuss the were not paid for a freelance project and win, you can also types of problems they face at work and strategize ways to recover double damages and attorneys’ fees. improve their work environment.

SEEK ASSISTANCE FROM A WORKER CENTER: Worker FILE AN ADMINISTRATIVE CHARGE: If an employer Centers are community based organizations that provide disciplines you, threatens you, or takes any action against you various forms of support to low-wage workers, including or other workers for engaging in concerted activity, you can file workers who are not covered by a union. They typically a complaint with the National Labor Relations Board (NLRB).

provide a range of services, such as legal representation to The NLRB is the government agency responsible for protecting recover unpaid wages, language and skills classes, worker an employee’s rights under federal law. Once you file a charge rights education, training, and access to health clinics and with them, they will investigate the complaint and your other benefits. Worker Centers also engage in advocacy employer. If the NLRB determines that your employer violated and organizing on behalf of workers, building coalitions of the law, they can order the employer to pay damages, including workers to take action to push for better wages and working back pay, and if you were fired, order the employer to reinstate conditions. For a non-exhaustive list of worker centers in New you. Note that these remedies may be limited depending on York State, visit the Additional Resources Section at the end of your immigration status.

this Toolkit. For public employees, you can file a charge with the Public JOIN A WORKER COOPERATIVE: In contrast to traditional Employee Relations Board: http://www.perb.ny.gov. businesses that are hierarchically owned and managed, worker cooperatives are owned and controlled by the workers Employees can file an unfair labor practice charge against an where the workers elect the board of directors, make business employer individually, through a union, or through a worker decisions democratically, invest collectively in the business, representative. Contact information for the New York Regional and typically distribute a portion of the profits annually to Offices for the National Labor Relations Board are below. You all of the worker-owners based on their own determination.

can also visit https://www.nlrb.gov to learn more. Further, worker cooperatives are committed to creating a non-exploitative economy by creating socially just jobs and

• Buffalo Office: (716) 551-4931

supporting the community. By starting a cooperative, you have a voice that counts, more control over setting work

• Albany Office: (518) 431-4155

hours and wages, more leadership and career advancement opportunities, and the ability to establish healthier • Manhattan Office: (212) 264-0300 relationships with managers, co-workers, and the community.

• Brooklyn Office: (718) 330-7713

There are successful worker cooperatives in all industries, including healthcare, manufacturing, education, food/ NYC: In New York City, you can report violations of restaurant, plumbing, publishing, childcare, commercial and workplace laws, such as paid sick time requirements, to residential cleaning, and other trades.

the NYC Department of Consumer Affairs (DCA). To file a complaint, visit: https://www1.nyc.gov/site/dca/workers/

• In NYC, the City Council provides funds to organizations in

workersrights/file-workplace-complaint.page. Within DCA, the Worker Cooperative Business Development initiative. the Office of Labor Policy and Standards (OLPS) protects Find out about these resources and supports for worker and promotes labor standards and policies to create cooperatives here: https://www1.nyc.gov/nycbusiness/ fair workplaces. OLPS provides targeted resources and article/worker-cooperatives.

support for people of color, women, and immigrants. For

• The New York City Network of Worker Cooperatives also more information, visit: https://www1.nyc.gov/site/dca/

provides leadership development, training programs, about/office-of-labor-policy-standards.page.

Additional Resources If you need assistance finding out whether you have certain rights, determining if your rights have been violated, figuring out how to assert your rights, or require legal representation, below are some additional resources that you can contact: LEGAL MOMENTUM’S HELPLINE: For additional For a non-exhaustive list of worker centers in New York State, see information, referrals, and resources (in English and Spanish) below:

regarding the issues covered in this Toolkit, contact Legal

Worker Justice Center Of New York

Momentum’s Helpline: Covers all counties north of New York City (1-800-649-0297) or Western New York office: 1187 Culver Road Rochester, NY 14609 Help@LMHelpline.org. Hudson Valley office: 9 Main Street Kingston, NY 12401 THE LEGAL NETWORK FOR GENDER EQUITY: This network connects people who face sex discrimination—like sex Hawthorne, NY 10532 harassment—at work, at school, or when getting health care, 1-800-724-7020 with legal assistance. The Legal Network can also connect you https://www.wjcny.org with help if you are retaliated against for complaining about sex discrimination. If your case involves sex harassment at work, the

Worker’S Justice Project

TIME’S UP Legal Defense Fund may be able to help pay for your New York City (Brooklyn) legal case and for media and storytelling assistance. The Legal Network for Gender Equity and the TIME’S UP Legal Defense Fund Williamsburg office: 365 Broadway, Brooklyn, NY 11211 are housed and administered by the National Women’s Law Center South Brooklyn office: 2111 Bath Ave, Brooklyn, NY 11214 Fund, LLC (NWLCF). For assistance, visit: https://nwlc.org/legal- 347-889-6347 (Williamsburg) assistance/, https://nwlc.org/asistencialegal/. 1718-600-0425 (South Brooklyn) http://www.workersjustice.org EQUALITY WATCH: Equality Watch, a project of the New York Civil Liberties Union, helps individuals report discrimination and

Laundry Workers Center

identify organizations that can assist. For more information, visit: New York City and New Jersey https://www.equalitywatchny.com. 80 Broad Street Ste 613A, New York, NY 10004 NYS OFFICE FOR NEW AMERICANS: The NYS Office for 347-829-6748 New Americans provides various resources to assist immigrants info@laundryworkerscenter.org participate in civic and economic life. For more information or for http://laundryworkerscenter.org assistance, visit: https://www.newamericans.ny.gov/about/about.

html, or call the New Americans Hotline: 1-800-566-7621.

Western New York Council On Occupational

WOMEN STEP FORWARD: For resources, information, SAFETY AND HEALTH (WNYCOSH) WORKER CENTER and services providers to help you understand your rights Buffalo and Western New York as an immigrant and to take action, visit: https://www. 2495 Main Street, Suite 438, Buffalo, NY 14214 womenstepforward.org/find-legal-help/. 716-833-5416 https://wnycosh.org/workercenter/ NATIONAL DOMESTIC WORKERS ALLIANCE: For a monthly membership fee, domestic workers can join the Alliance to receive resources, discounts, access to important benefits, TOMPKINS COUNTY WORKERS’ CENTER trainings, information on protecting your rights, and opportunities Ithaca and Tompkins County to work with others to advocate for your rights. For more 115 E. Martin Luther King Jr. St. / The Commons, Ithaca, NY information, visit: https://signup.domesticworkers.org. 14850 607-269-0409 WORKER CENTERS IN NEW YORK STATE: Worker Centers TCWRH@tcworkerscenter.org are community based organizations that provide various forms http://www.tcworkerscenter.org of support to low-wage workers and immigrants. They typically provide a range of services, such as legal representation to recover

Workers’ Center Of Central New York

unpaid wages, language and skills classes, worker rights education, training, and access to health clinics and other benefits. Worker Syracuse and Central New York Centers also engages in advocacy and organizing on behalf of 2013 E. Genesee St., Syracuse, NY 13210 workers, building coalitions of workers to take action to push for 315-218-5708 better wages and working conditions. https://workerscny.org/en/home/ 7700 ©© 2 2002244 L Leeggaal lM Moommeenntutumm

Endnotes 1 Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. 35 Salary Transparency in Job Advertisements, NYC COMM’N ON HUM. RTS. (May 12, 2022), https://www.nyc.gov/assets/cchr/ 2 N.Y. Exec. Law § 292, as amended by S6577 downloads/pdf/publications/Salary-Transparency-Factsheet.pdf.

3 N.Y. Exec. Law § 296-d, as amended by S6577. 36 N.Y. Lab. Law § 194-b. 4 N.Y. Exec. Law § 292(5). 37 N.Y. Labor Law 194-a, as added by S6549. 5 N.Y. Exec. Law § 292(5). 38 N.Y. Lab. Law. § 194-a. 6 N.Y. Admin. Code § 8-107(1). 39 N.Y. Lab. Law §§ 652, 673. 7 Immigration and Nationality Act, 8 U.S.C. § 1324a.

40 N.Y. Lab. Law § 191. 8 42 U.S.C. § 2000e-3(a). 41 N.Y. Lab. Law § 191. 9 Immigration and Nationality Act, 8 U.S.C. § 1324b. 42 N.Y. Lab. Law § 191. 10 N.Y. Exec. Law § 296, N.Y.C. Admin. Code § 8-107. 43 N.Y. Lab. Law § 191. 11 N.Y. Exec. Order No. 170 (Sep. 15, 2017), https://www.governor.ny.gov/sites/default/files/atoms/files/ 44 N.Y. Lab. Law § 191.

EO%20%23170.pdf. 45 N.Y. Lab. Law § 195. 12 N.Y.C. Exec. Order No. 41 (Sep. 17, 2003), https://www1.nyc.gov/ 46 N.Y. Lab. Law § 195. site/immigrants/about/local-laws-executive-orders.page. 47 N.Y. Lab. Law § 195. 13 See Hoffman Plastic Compounds, Inc. v. National Labor Relations 48 N.Y. Lab. Law § 195.

Board, 535 U.S. 137 (2002). 49 N.Y. Lab. Law § 195. 14 N.Y. Exec. Law § 296(1)(a), (h). 50 N.Y. Lab. Law § 195. 15 N.Y. Exec. Law § 296(1)(h) 16 N.Y. Exec. Law § 297. 51 N.Y. Lab. Law § 195. 17 N.Y. Exec. Law § 292(5); N.Y. Admin. Code § 8-102(2018). 52 12 N.Y.C.R.R. § 146-2.2. 18 N.Y. Exec. Law § 296(1)(h) 53 12 N.Y.C.R.R. § 146-2.2.

19 N.Y. Exec. Law § 292(5). 54 N.Y. Lab. Law § 861-g. 20 N.Y. Exec. Law §§ 292(5), 296; N.Y.C. Admin Code §§ 8-102, 55 N.Y. Lab. Law § 652.

8-107. 56 19 N.Y.C.R.R. § 190-2.4

21 N.Y. Exec. Law § 292(5). 57 N.Y. Lab. Law § 193. 22 42 U.S.C. § 2000e-2; Meritor Savings Bank v. Vinson, 477 U.S. 58 Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; 12 NYCRR § 57 (1986) (confirming that sexual harassment is a form of sex 142-2.2. discrimination prohibited under Title VII); N.Y. Exec. Law § 296; 59 19 N.Y.C.R.R. § 190-2.4.

N.Y. Admin. Code § 8-107. 23 N.Y. Exec. Law § 296(h), as added by S6577. 60 N.Y. Lab. Law § 167. 24 N.Y. Lab. Law § 201-g. 61 See Trafficking Victims Protection Act, 22 U.S.C. § 7101 et seq.; N.Y. Penal Law §§ 135.35, 230.34. 25 N.Y. Labor Law § 296(1)(h). 62 N.Y. Lab. Law § 215. 26 N.Y. Exec. Law § 295(18), as amended by A2035-B.

63 N.Y. Lab. Law §§ 652, 673; 12 NYCRR § 190-1.3(b). 27 N.Y. Exec. Law § 297(5), as amended by S6577. 64 N.Y. Lab. Law § 673-a; 12 NYCRR § 190-6.1. 28 9 U.S.C. § 402, as added by H.R. 4445. 65 N.Y. Penal Law § 155.05 29 The Equal Pay Act of 1963, 29 U.S.C. § 206(d); Title VII of the Civil Rights Act of 1964, 42 § 2000e et seq. 66 N.Y. Lab. Law § 191-d.

30 N.Y. Labor Law § 194, as amended by S5248-B. 67 N.Y. Correction Law Art. 23-A. 31 N.Y.C. Admin. Code §§ 8-102, 8-107. 68 N.Y. Correction Law Art. 23-A. 32 N.Y. Labor Law § 194, as amended by S5248-B. 69 N.Y. Exec. Law § 296(16). 33 N.Y. Lab. Law § 194. 70 N.Y.C. Admin. Code §§ 8-102, 7-107(10)-(11-a).

34 N.Y. Labor Law § 194(d). 71 N.Y.C. Admin. Code §§ 8-102, 7-107(10)-(11-a).

72 The Immigration and Nationality Act, 8 U.S.C. § 1324b. 99 N.Y. Lab. Law § 196-b. 73 N.Y. Exec. Law § 296(1-a). 100 N.Y. Lab. Law § 196-b. 74 Studies have found that women entrepreneurs in New York 101 N.Y.C. Admin. Code §§ 20-911 – 25. City have a more difficult time accessing credit to start their 102 N.Y.C. Admin. Code § 20-913; Westchester County, businesses—in fact, men are twice as likely to launch their N.Y. Municipal Code § 585.03.

businesses with as much as double the capital. Women entrepreneurs find it harder to identify and assess potential 103 N.Y.C. Admin. Code § 20-913. mentors and business advisors. These challenges are more 104 Westchester County, N.Y. Municipal Code § 585.03. pronounced for women of color, many of whom must overcome 105 The Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.

language barriers when starting a business. Women with low- to-moderate income often highlighted lack of confidence and 106 29 U.S.C. § 2601 et seq. experience as a challenge. See Women Entrepreneurs NYC, 107 New York Paid Family Leave Benefits Law, N.Y. Workers Comp. Unlocking the Power of Women Entrepreneurs in New York City, Law, Art. 9.

(November 2015), https://www.nyc.gov/assets/sbs/downloads/ pdf/about/reports/wenyc_report_2015.pdf. 108 New York Paid Family Leave Benefits Law, N.Y. Workers Comp. Law, Art. 9. 75 Equal Credit Opportunity Act, 15 U.S.C. § 1691; N.Y. Exec. Law § 296-a. 109 See 29 U.S.C. § 654; 29 C.F.R. § 1926 et seq.; N.Y. Lab. Law § 740.

76 N.Y. Exec. Law § 312. See also N.Y. Order 177 (covered state 110 N.Y. Lab. Law § 196-b. entities prohibited from entering into contracts with entities 111 N.Y. Lab. Law § 215. that have institutional policies or practices that fail to address 112 N.Y.C. Admin. Code § 20-918. harassment or discrimination based on sex and other protected classifications). 113 See Trafficking Victims Protection Act, 22 U.S.C. § 7101 et seq.; N.Y. Penal Law §§ 135.35, 230.34.

77 N.Y.C. Admin. Code §§ 8-102, 8-107(9)(d), (24). 114 29 C.F.R. §§ 1904.35-36. 78 See NYC Department of Small Business Services, Building Your Business in New York City: A Guide for Immigrant Entrepreneurs, 115 N.Y. Lab. Law § 740, as amended by S4394-A. https://www1.nyc.gov/assets/sbs/downloads/pdf/about/ 116 N.Y. Civ. Rights Law § 52-c, as added by A430.

reports/ibi_toolkit.pdf. 117 N.Y. Lab. Law § 201-i. 79 See National Institute for Occupational Safety and Health, 118 N.Y. Admin. Code § 20-1251. Women’s Safety and Health Issues at Work, Publication No. 2001- 123, https://www.cdc.gov/niosh/docs/2001-123/default.html. 119 N.Y. Admin. Code § 20-1252. 80 OSHA, Women in Construction, https://www.osha.gov/women- 120 N.Y. Admin. Code § 20-1221.

in-construction. 121 N.Y. Admin. Code § 20-1222. 81 Occupational Safety and Health Act, 29 U.S.C. § 652. 122 N.Y. Admin. Code § 20-1231. 82 29 U.S.C. § 654; 29 C.F.R. § 1926 et seq. 123 “Just cause” is defined as the fast food employee’s failure 83 29 U.S.C. § 654; 29 C.F.R. § 1926 et seq.; N.Y. Lab. Law § 200. to satisfactorily perform job duties or misconduct that is demonstrably and materially harmful to the fast food 84 N.Y. Lab. Law § 200(1).

employer’s legitimate business interests. 85 N.Y. Lab. Law §§ 200(1), 880. 124 N.Y.C. Admin. Code § 20-1272 (2021), as amended by Int. 86 29 U.S.C. § 657(c)(3); 29 C.F.R. § 1926 et seq. No. 1396-A and Int. No. 1415-A. 87 29 U.S.C. § 657(c)(3); 29 C.F.R. § 1926 et seq. 125 N.Y. Workers Comp. Law § 3, Group 14-b.

88 N.Y. Lab. Law § 162. 126 N.Y. Labor Law §191. 89 N.Y. Lab. Law § 162. 127 See U.S. Dep’t of Labor, Agricultural Operations, 90 N.Y. Lab. Law § 161. https://www.osha.gov/agricultural-operations. 91 N.Y. Lab. Law § 161. 128 Occupational Health and Safety Administration, OSHA Instruction CPL 02-00-051, Enforcement Exceptions and 92 N.Y. Lab. Law § 161.

Limitations under the Appropriations Act (May 28, 1998), 93 N.Y. Labor Law § 161, as amended by S6578. https://www.osha.gov/enforcement/directives/cpl-02-00-051. 94 N.Y. Work. Comp. Law, Groups 14-a, 14-b as amended by S6578. 129 See U.S. Dep’t of Labor, Agricultural Operations: Hazards and 95 N.Y. Pub. Health Law § 225. Controls, https://www.osha.gov/agricultural-operations/ hazards.

96 N.Y. Lab. Law §§ 780-788. 97 N.Y. Lab. Law § 196-b. U.S.C. § 2261; N.Y. Exec. Law § 292(34); N.Y.C. Admin. Code 98 N.Y. Lab. Law § 196-b. § 8-102; New York State Dep’t of Labor, Domestic Violence 7722 ©© 2 2002244 L Leeggaal lM Moommeenntutumm

and UI Benefits, https://www.labor.ny.gov/ui/claimantinfo/ 158 N.Y. Ins. Law § 3221(16). domesticviolenceanduibenefits.shtm#1. 159 N.Y. Ins. Law §§ 3216, 3221. 131 N.Y.C. Admin. Code § 8-102. 160 N.Y. Ins. Law §§ 3216, 3221. 161 N.Y. Ins. Law §§ 3216, 3221. U.S.C. § 2261; N.Y.C. Admin. Code § 8-102. See also Office on Violence Against Women, U.S. Dep’t of Justice, Sexual Assault, 162 N.Y. Ins. Law § 3221.

https://www.justice.gov/ovw/sexual-assault. 163 N.Y. Pub. Health Law § 2599-BB. 133 See Violence Against Women Reauthorization Act of 2013, 18 164 N.Y. Exec. Law § 837-x. U.S.C. § 2261; N.Y.C. Admin. Code § 8-102. 165 N.Y. Civ. Rights Law § 70-b, as added by S9039-A. 134 N.Y. Exec. Law §§ 292, 296. 166 N.Y. Crim. Pro. Law § 570.17.

135 N.Y.C. Admin. Code §§ 8-102; 8-107(27). 167 N.Y. Ins. Law §§ 3216, 3221. 136 Westchester Co. Laws §§ 700.02, 700.03(a)(8). 168 11 NYCRR § 52.71. 137 N.Y. Exec. Law § 296(1)(a). 169 42 U.S.C. § 2000e(k); see also Equal Employment Opportunity 138 The Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; Center, EEOC Enforcement guidance on Pregnancy Discrimination N.Y. Exec. Law §§ 292(21), 292(21-e), 295(5), 296(3); 9 NYCRR § and Related Issues, EEOC Notice No. 915.003 (June 25, 2015) 466.11. (citing 42 U.S.C. § 2000e(k); Questions and Answers on the 139 42 U.S.C. § 12102. Pregnancy Discrimination Act, 29 C.F.R. pt. 1604 app., Question 34 (1979) (“An employer cannot discriminate in its employment 140 N.Y. Exec. Law § 292(21).

practices against a woman who has had or is contemplating 141 N.Y. Exec. Law § 296(22)(c)(2) (2021), as amended by S1040. having an abortion.”); H.R. Conf. Rep. No. 95-1786, at 4 (1978), as reprinted in 95th Cong., 2d Sess. 4, 1978 U.S.C.C.A.N. 4749, 142 N.Y.C. Admin. Code §§ 8-102; 8-107(27). 4766 (“Thus, no employer may, for example, fire or refuse to 143 Westchester Co. Laws, §§ 700.02 (for definitions), 700.03. hire a woman simply because she has exercised her right to 144 N.Y.C. Admin. Code §§ 8-102; 8-107(28); see also New York City have an abortion.”); see also Doe v. C.A.R.S. Protection Plus, on Discrimination on the Basis of Disability (April 2019), (2008) (PDA prohibits employer from discriminating against https://www.nyc.gov/assets/cchr/downloads/pdf/NYCCHR_ female employee because she has exercised her right to have LegalGuide-DisabilityFinal.2.pdf. an abortion); Turic v. Holland Hospitality, Inc., 85 F.3d 1211, 1214 (6th Cir. 1996) (discharge of pregnant employee because she 145 N.Y. Penal Law § 215.14.

contemplated having abortion violated PDA)), https://www. 146 N.Y. Lab. Law § 196-b. eeoc.gov/laws/guidance/pregnancy_guidance.cfm#_ftn58. 147 N.Y. Lab. Law § 196-b. 170 N.Y. Lab. Law § 203-e (2020), as amended by S660. 148 12 NYCRR 196-1.3. 171 N.Y. Ins. Law § 3221. 149 N.Y. Admin. Code §§ 20-912 (for definitions), 20-913, 20-914. 172 N.Y. Penal Law §§ 240.70-240.71.

150 N.Y. Admin. Code § 20-913. 173 N.Y. Pub. Health Law § 18(3)(i); N.Y. Pub. Health Law § 17. 151 N.Y. Admin. Code § 20-913. 174 N.Y. Admin. Code § 8-107(22), New York City Commission on Human Rights, Legal Enforcement Guidance on Discrimination 152 N.Y. Real Prop. Law § 227-d. on the Basis of pregnancy, Childbirth, Related Medical Conditions, 153 N.Y. Real Prop. Law § 227-c. See also N.Y. Crim. Proc. § 530.12- Lactation, Accommodations, and Sexual or Reproductive Health 13 (establishing that a court may issue orders of protection for Conditions (2021), https://www.nyc.gov/assets/cchr/downloads/ victims of family offenses); N.Y. Dom. Rel. § 240 (describing, pdf/publications/Pregnancy_InterpretiveGuide_2021.pdf among other things, the court’s power to issue orders of 175 N.Y. Ins. Law § 3217-c.

protection); N.Y. Family Ct. Act §§ 446 (orders of protection), 656, 842, 1056. 176 N.Y. Ins. Law § 3216(i)(8)(E) (10)(A)(i). 154 N.Y. Exec. Law § 296, as amended by S8417-B. 177 42 U.S.C. § 300gg-13; 29 C.F.R. §§ 2590.75-2713. 155 Immigration and Nationality Act, 8 U.S.C. § 1324b. 178 See New York Dep’t of Health, Medicaid Family Planning Services, https://www.health.ny.gov/health_care/managed_ 156 See Center for Reproductive Rights, Women Are Pushed Deeper care/famplan10ques.htm.

into Poverty When Denied Access to an Abortion, Research Shows (May 29, 2022), https://reproductiverights.org/women- 179 See New York Dep’t of Health, Comprehensive Family Planning are-pushed-deeper-into-poverty-when-denied-access-to-an- and Reproductive Health Care Services Program, https://www. abortion-research-shows/. health.ny.gov/community/pregnancy/family_planning/.

157 Heather D. Boonstra, Abortion in the Lives of Women Struggling 180 See New York Dep’t of Health, Family Planning Benefit Program, Financially: Why Insurance Coverage Matters, 19 Guttmacher https://www.health.ny.gov/health_care/medicaid/program/ Policy Rev., 2016, at 46. longterm/familyplanbenprog.htm.

181 Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k); N.Y. 201 Id. Exec. Law §§ 292 (for definition of “employer”), 296.1; see 202 Id. also New York State Division of Human Rights, Guidance on Pregnancy Discrimination and Reasonable Accommodation of 203 Paid Family Leave, https://paidfamilyleave.ny.gov Pregnancy-Related Conditions for Employers in New York State, https://dhr.ny.gov/sites/default/files/pdf/guidance-pregnancy- 204 The Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.

discrimination-employers.pdf. 205 N.Y. Work. Comp. Law Ch. 9, § 201(9)(B). 182 Pregnant Workers Fairness Act, H.R. 2617-1626, 117th Cong. § 103 (signed into law December 29, 2022) 206 N.Y. Lab. Law § 196-b. 183 42 U.S.C. § 2000gg-1. 207 N.Y. Lab. Law § 196-b. 184 The Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; 208 N.Y. Admin. Code §§ 20-912 (for definitions), 20-913, 20-914.

N.Y. Exec. Law §§ 292(21), 292(21-e), 295(5), 296(3); 9 NYCRR 466.11. 209 N.Y. Exec. § Law 296. See also New York State Division of 185 N.Y. Exec. Law § 292. Human Rights, Guidance on Familial Status Discrimination for 186 N.Y. Exec. Law § 296(3); see also New York State Division of Employers in New York State, https://dhr.ny.gov/sites/default/ Human Rights, Guidance on Pregnancy Discrimination and files/pdf/guidance-familial-status-employers.pdf.

Reasonable Accommodation of Pregnancy-Related Conditions for 210 N.Y. Admin. Code § 8-107. Employers in New York State, https://dhr.ny.gov/sites/default/ files/pdf/guidance-pregnancy-discrimination-employers.pdf. 211 Under the Personal Responsibility and Work Opportunity 187 N.Y. Admin. Code § 8-107(22); New York City Commission on Reconciliation Act of 1996 (PRWORA), the federal government Human Rights, Legal Enforcement Guidance on Discrimination on provides block grant funding to states to provide Temporary the Basis of Pregnancy: Local Law No. 78 (2013); https://www1.

Assistance to Needy Families (TANF), under which states must nyc.gov/site/cchr/law/legal-guidances.page. operate temporary assistance programs for needy families. See 188 N.Y. Lab. Law § 196-b, as amended by A8805. 42 U.S.C. Ch. 7, Subchapter IV; 45 C.F.R. Part 260. 189 N.Y. Work. Comp. Law Ch. 9, § 201(9)(B).

212 See 8 U.S.C. § 1621(for non-eligible categories). 190 See N.Y. Work. Comp. Law Ch. 9, § 201(6)(A), as amended by S6578. 213 Immigration and Nationality Act, 8 U.S.C. § 1182. 191 29 U.S.C. § 218d. 214 See Center on Budget and Policy Priorities, A Quick Guide to 192 29 U.S.C. § 218d. SNAP Eligibility and Benefits (Oct. 16, 2018), https://www.cbpp.

193 N.Y. Lab. Law § 206-c. org/research/food-assistance/a-quick-guide-to-snap-eligibility- 194 N.Y. Lab. Law § 206-c; N.Y. Dep’t of Labor, Expressing Breast and-benefits. Milk in the Work Place, https://dol.ny.gov/expressing-breast- milk-workplace. See also Fair Labor Standards Act, 29 U.S.C. § 215 42 U.S.C. § 300gg-13; 29 C.F.R. §§ 2590.75-2713.

207(r) (requires employers to provide reasonable unpaid break 216 24 C.F.R. § 100.600. time for an employee to express breast milk for her nursing child for 1 year after the child’s birth in a place, other than a 217 See Consent Decree in Callahan v. Carey (1981), http://www. bathroom, that is shielded from view and free from intrusion coalitionforthehomeless.org/our-programs/advocacy/legal- from coworkers and the public).

victories/the-callahan-legacy-callahan-v-carey-and-the-legal- 195 N.Y. Lab. Law § 206-c. right-to-shelter/. 196 29 U.S.C. § 207(r); N.Y. Lab. Law § 206-c. See also N.Y. Dep’t of Labor, Expressing Breast Milk in the Work Place, https://dol. 218 42 U.S.C. § 1436a. ny.gov/expressing-breast-milk-workplace.

219 24 C.F.R. §§ 5.512, 5.520. 197 N.Y. Admin. Code §§ 8-101-8-131. 220 See N.Y. Labor Law § 511, as amended by S6578. 198 N.Y. Lab. Law § 206-c, as amended by A8806. 221 See N.Y. Labor Law § 591; see also New York Dep’t of Labor, 199 New York Paid Family Leave Benefits Law, N.Y. Workers Comp. Law Art. 9; 12 NYCRR § 355, Part 380. Before you Apply for Unemployment: Frequently Asked 200 See N.Y. Work. Comp. Law Ch. 9, § 201(6)(A), as amended by Questions, https://www.labor.ny.gov/ui/claimantinfo/ S6578. beforeyouapplyfaq.shtm#22.

222 N.Y. Exec. Order No. 26 (Oct. 6, 2011), https://www.governor. ny.gov/sites/default/files/atoms/files/EO26_0.pdf. 223 National Labor Relations Act, 29 U.S.C. §§ 151-169. 224 N.Y. Civ. Serv. Law § 200 et seq (also called the Public Employees Fair Employment Act, or the “Taylor Law”). 225 See N.Y. Labor Law § 701, as amended by S6578.

226 See N.Y. Labor Law § 703, as amended by S6578. 227 29 U.S.C. §152(3). 228 29 U.S.C. §158. 229 See Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017). 230 29 U.S.C. § 157. 231 29 U.S.C. § 157. 232 29 U.S.C. § 157. 233 29 U.S.C. § 158. 234 N.Y. Civ. Serv. Law §§ 202-03, 210. 235 See N.Y. Lab. Law § 511, as amended by S6578.

236 N.Y. Lab. Law § 194. 237 29 U.S.C. § 158; N.Y. Civ. Serv. Law § 209-a. 238 See National Labor Relations Board, Immigrant Employee Rights under the National Labor Relations Act, https:// www.nlrb.gov/sites/default/files/attachments/basic-page/ node-3024/immigrant_employee_rights_one_pager_english_ pdf_21860.pdf.

239 See National Labor Relations Board, Immigrant Employee Rights under the National Labor Relations Act, https:// www.nlrb.gov/sites/default/files/attachments/basic-page/ node-3024/immigrant_employee_rights_one_pager_english_ pdf_21860.pdf. 240 See National Labor Relations Board, Immigrant Employee Rights under the National Labor Relations Act, https:// www.nlrb.gov/sites/default/files/attachments/basic-page/ node-3024/immigrant_employee_rights_one_pager_english_ pdf_21860.pdf.