New York Employment Law: Frequently Asked Questions
Every question we answer about a type of claim, grouped by the claim it belongs to. Each one links straight to its answer on the page that covers it in full.
Nothing here is legal advice for your specific situation, and reading it does not create an attorney-client relationship. Deadlines in employment cases are short and differ by statute, so if any of this sounds like what happened to you, the useful next step is a free case evaluation rather than more reading. You can also browse every practice area we handle, estimate back pay with the unpaid overtime calculator, or read how we evaluate and value a case.
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- Jump to Wage & Hour Class and Collective Actions
- Jump to Unpaid Overtime Claims for New York Employees
- Jump to Off-the-Clock Work Claims for New York Employees
- Jump to Exempt Employee Misclassification in New York
- Jump to Independent Contractor Misclassification in New York
- Jump to Tip Theft, Tip Credit and Tip Pooling Claims in New York
- Jump to Time Shaving and Improper Rounding
- Jump to Late Pay for Manual Workers (NYLL § 191)
- Jump to Meal and Rest Break Violations for New York Employees
- Jump to Unpaid Commissions Claims for New York Sales Employees
- Jump to Spread of Hours Pay Claims for New York Employees
- Jump to Unlawful Wage Deductions Under New York Labor Law § 193
- Jump to Final Paycheck and Unpaid PTO Claims for New York Employees
- Jump to Wrongful Termination Lawyers Serving New York
- Jump to Workplace Discrimination
- Jump to Age Discrimination in New York Workplaces
- Jump to Race Discrimination in New York Workplaces
- Jump to Sex and Gender Discrimination in New York Workplaces
- Jump to Pregnancy Discrimination in New York Workplaces
- Jump to Disability Discrimination in New York Workplaces
- Jump to National Origin Discrimination in New York Workplaces
- Jump to Religious Discrimination in New York Workplaces
- Jump to Sexual Orientation and Gender Identity Discrimination in New York Workplaces
- Jump to Caregiver and Family Status Discrimination in New York Workplaces
- Jump to Criminal Conviction Discrimination and the Fair Chance Act in New York
- Jump to Sexual Harassment and Assault
- Jump to Retaliation and Whistleblower Claims
- Jump to Disability Discrimination and ADA Accommodation
- Jump to Severance Agreements and Employment Contracts
- Jump to Employment Litigation
- Jump to Where to File a Discrimination Complaint in New York
- Jump to Healthcare and Hospital Employees
- Jump to Non-Competes and Restrictive Covenants
Wage & Hour Class and Collective Actions
- What is a wage and hour class action?
- How much overtime pay am I owed in New York?
- Can I sue for unpaid wages if I was paid in cash or off the books?
- Does my immigration status affect my right to unpaid wages?
- How long do I have to file a wage claim in New York?
- What is the difference between a class action and a collective action?
- Can my employer fire me for filing a wage claim?
- My employer says I am a manager, so I don't get overtime. Is that true?
- What if I signed an arbitration agreement or a class action waiver?
- How much does a wage and hour lawyer cost?
- Do I have to be the named plaintiff to recover?
- What records should I gather before calling a lawyer?
Read the full guide to Wage & Hour Class and Collective Actions
Unpaid Overtime Claims for New York Employees
- How much overtime pay am I owed in New York?
- Can a salaried employee get overtime in New York?
- Does my job title decide whether I get overtime?
- Can my employer average two weeks together to avoid overtime?
- Can my employer give me comp time instead of overtime pay?
- What if I agreed to work extra hours without overtime pay?
- How far back can I recover unpaid overtime?
- What if my employer never kept my time records?
Read the full guide to Unpaid Overtime Claims for New York Employees
Off-the-Clock Work Claims for New York Employees
- Is it illegal for my employer to make me work off the clock?
- I clocked out and kept working because I was told not to hit overtime. Can I recover?
- What if only a few minutes a day were unpaid?
- My employer deducts 30 minutes for lunch automatically. Is that legal?
- How far back can I recover unpaid off-the-clock time in New York?
- What am I owed for off-the-clock work?
- How can I prove hours my employer never recorded?
- Can I be fired for complaining about unpaid off-the-clock hours?
Read the full guide to Off-the-Clock Work Claims for New York Employees
Exempt Employee Misclassification in New York
- Does being paid a salary mean I am not owed overtime?
- My title is "manager." Does that make me exempt?
- Who has to prove I was exempt, me or my employer?
- How is my unpaid overtime calculated if I was paid a salary?
- How far back can I recover unpaid overtime?
- Can misclassification be a class action?
- What are liquidated damages in a misclassification case?
- Can I be fired for questioning my exempt classification?
Read the full guide to Exempt Employee Misclassification in New York
Independent Contractor Misclassification in New York
- Does getting a 1099 mean I am legally an independent contractor?
- Can I be an employee even though I signed a contract saying I am a contractor?
- What am I owed if I was misclassified as an independent contractor?
- How far back can I recover unpaid wages?
- I work in construction and get paid per job. Does that change anything?
- I used my own truck and tools. Am I still an employee?
- Will my employer find out if I file, and can it retaliate?
- What if I was paid in cash and never received pay stubs?
Read the full guide to Independent Contractor Misclassification in New York
Tip Theft, Tip Credit and Tip Pooling Claims in New York
- Can a manager or owner take a share of the tip pool in New York?
- What is a tip credit and when is it invalid?
- How much of my shift can I spend on side work if my employer takes a tip credit?
- Are mandatory service charges and banquet gratuities mine?
- My employer deducts walkouts, breakage, and register shortages from my tips. Is that legal?
- How is overtime calculated when I am paid a tipped cash wage?
- How far back can I recover stolen tips?
- Can I be fired for asking about the tip pool?
Read the full guide to Tip Theft, Tip Credit and Tip Pooling Claims in New York
Time Shaving and Improper Rounding
- Is it legal for my employer to round my time?
- Can my manager edit or delete my punches?
- Is an automatic 30-minute meal deduction legal in New York?
- Are a few minutes a day really worth pursuing?
- What if the shaved minutes did not put me over 40 hours?
- My employer says small amounts of time are "de minimis." Is that true?
- What if my employer never kept accurate time records?
- Can I be fired for complaining that my time was shaved?
Late Pay for Manual Workers (NYLL § 191)
- Am I a "manual worker" under New York Labor Law § 191?
- Can I sue if my employer paid me every dollar, just two weeks late?
- How is a late-pay claim calculated?
- Does federal law require weekly pay?
- Does being salaried mean § 191 does not apply to me?
- Can my employer end the claim by switching me to weekly pay?
- What if I am in a union?
- Can my employer retaliate against me for raising this?
Read the full guide to Late Pay for Manual Workers (NYLL § 191)
Meal and Rest Break Violations for New York Employees
- Does New York law require my employer to give me a lunch break?
- Is my employer allowed to deduct 30 minutes for lunch automatically?
- Am I entitled to paid coffee or rest breaks in New York?
- Does New York pay a penalty for a missed break the way California does?
- What if I voluntarily choose to eat at my desk?
- How far back can I recover pay for missed meal breaks in New York?
- What if my week is under 40 hours? Is a missed break still worth anything?
- Can I be fired for complaining that I never get a real lunch?
Read the full guide to Meal and Rest Break Violations for New York Employees
Unpaid Commissions Claims for New York Sales Employees
- Are commissions considered wages in New York?
- Can my employer refuse to pay commissions after I resign or am fired?
- What if I never signed a written commission agreement?
- How often must commissions be paid in New York?
- Is a commission chargeback legal in New York?
- Can my employer take back an unearned draw?
- Do commissions affect my overtime pay?
- How much can I recover for unpaid commissions?
Read the full guide to Unpaid Commissions Claims for New York Sales Employees
Spread of Hours Pay Claims for New York Employees
- What is spread of hours pay in New York?
- Do I get spread of hours pay if I earn more than minimum wage?
- Does an unpaid lunch break count toward the ten-hour spread?
- Is spread of hours pay the same thing as overtime?
- What is a split shift, and does it require extra pay?
- My employer says the extra hour is built into my salary. Is that legal?
- How far back can I recover unpaid spread of hours pay?
- What records prove a spread of hours claim?
Read the full guide to Spread of Hours Pay Claims for New York Employees
Unlawful Wage Deductions Under New York Labor Law § 193
- Can my employer deduct a cash register shortage from my paycheck in New York?
- I signed a form authorizing the deduction. Does that make it legal?
- Can my employer make me pay cash instead of deducting it?
- Can my employer deduct an overpayment or a wage advance?
- Can my employer charge me for my uniform?
- What are the deductions that actually are legal?
- How much can I recover for unlawful deductions?
- Can I be fired for questioning a deduction from my pay?
Read the full guide to Unlawful Wage Deductions Under New York Labor Law § 193
Final Paycheck and Unpaid PTO Claims for New York Employees
- How long does my employer have to give me my final paycheck in New York?
- Does my employer have to pay out unused vacation when I leave?
- Can my employer hold my final paycheck until I return my laptop or uniform?
- Do I get paid for unused sick leave when I leave a job in New York?
- Can my employer deduct training costs, a signing bonus, or an overpayment from my last check?
- What if I quit without giving two weeks' notice?
- How far back can I recover unpaid final wages and PTO?
- Is it worth pursuing a claim over a few hundred dollars?
Read the full guide to Final Paycheck and Unpaid PTO Claims for New York Employees
Wrongful Termination Lawyers Serving New York
- Can I be fired for no reason in New York?
- How do I prove I was wrongfully terminated?
- How long do I have to file a wrongful termination claim in New York?
- What compensation can I recover for wrongful termination?
- Is being forced to quit the same as being fired?
- What is not wrongful termination in New York?
- Do I have to pay anything upfront?
Read the full guide to Wrongful Termination Lawyers Serving New York
Workplace Discrimination
- What counts as workplace discrimination in New York?
- Does my employer have to be a certain size for me to have a claim?
- How long do I have to file a discrimination claim in New York?
- Do I have to file with the EEOC before I can sue?
- Is New York City law really stronger than federal law?
- What evidence do I need to prove discrimination?
- Can I be fired for complaining about discrimination?
- What compensation can I recover in a discrimination case?
- Is it discrimination if my boss is just a jerk to everyone?
- I signed a severance agreement. Do I still have a claim?
- Do I have to report the discrimination to HR first?
- What does it cost to hire a discrimination lawyer?
Age Discrimination in New York Workplaces
- At what age are you protected from age discrimination in New York?
- Does the ADEA apply to small employers?
- What is "but-for" causation in an age discrimination case?
- Is "overqualified" code for age discrimination?
- Can my employer force me to retire at a certain age?
- What does the OWBPA require in a severance agreement for older workers?
- How is a layoff used to hide age discrimination?
- What damages can I recover in a New York age discrimination case?
Read the full guide to Age Discrimination in New York Workplaces
Race Discrimination in New York Workplaces
- Is race discrimination illegal if my employer has fewer than 15 employees?
- What is Section 1981 and why would I sue under it instead of Title VII?
- Do I have to file with the EEOC before suing for race discrimination?
- Can my employer ban braids, locs, twists, or an afro?
- How do I prove race discrimination if no one used a slur?
- Is a single racial slur enough for a hostile work environment claim?
- Can I be discriminated against because of someone else's race?
- What damages can I recover in a New York race discrimination case?
Read the full guide to Race Discrimination in New York Workplaces
Sex and Gender Discrimination in New York Workplaces
- Is sex discrimination illegal if my employer only has a few employees?
- What is sex stereotyping, and is it illegal?
- Does sex discrimination law cover sexual orientation and gender identity?
- How do I prove I am being paid less than men for the same work?
- Can my employer stop me from discussing my pay with coworkers?
- What is the difference between sex discrimination and sexual harassment?
- Does the New York City Human Rights Law apply if I live on Long Island?
- What damages can I recover in a New York sex discrimination case?
Read the full guide to Sex and Gender Discrimination in New York Workplaces
Pregnancy Discrimination in New York Workplaces
- Can my employer fire me for being pregnant in New York?
- What is the Pregnant Workers Fairness Act and how is it different from the ADA?
- Does my employer have to let me sit, take extra breaks, or stop lifting?
- Can my employer force me onto unpaid leave because I am pregnant?
- How small can my employer be and still be covered?
- Am I protected if I am undergoing IVF or had a miscarriage or an abortion?
- What are my rights to pump breast milk at work in New York?
- I was fired two weeks after coming back from maternity leave. Do I have a case?
Read the full guide to Pregnancy Discrimination in New York Workplaces
Disability Discrimination in New York Workplaces
- Is my condition a "disability" if it is mild, controlled, or comes and goes?
- Does my employer have to know about my disability for me to have a claim?
- Can I be fired for behavior that my disability caused?
- What if my employer thinks I have a condition I do not actually have?
- Can I be discriminated against because of my family member's disability?
- Can my employer ask about my medical history or require an exam?
- Does applying for Social Security disability destroy my case?
- Can I sue my supervisor personally for disability discrimination?
Read the full guide to Disability Discrimination in New York Workplaces
National Origin Discrimination in New York Workplaces
- What is national origin discrimination under New York law?
- Can my employer make English the only language spoken at work?
- Is it illegal to be denied a job because of my accent?
- Do I have workplace rights if I am undocumented?
- What is document abuse during the I-9 process?
- Does the New York State Human Rights Law cover small employers?
- Can my employer refuse to hire me because I am not a U.S. citizen?
- What damages can I recover in a national origin discrimination case?
Read the full guide to National Origin Discrimination in New York Workplaces
Religious Discrimination in New York Workplaces
- Does my employer have to give me a religious accommodation?
- What counts as a "sincerely held" religious belief?
- When can an employer legally refuse a religious accommodation?
- Can I be required to work on my Sabbath or a religious holiday in New York?
- Can my employer make me remove a hijab, turban, yarmulke, or beard?
- Is a religious objection to a vaccination requirement protected?
- Do small employers on Long Island have to follow religious discrimination law?
- What if I was fired after I asked for a religious accommodation?
Read the full guide to Religious Discrimination in New York Workplaces
Sexual Orientation and Gender Identity Discrimination in New York Workplaces
- Is it legal to fire someone for being gay or transgender in New York?
- Am I protected if my employer only has a few employees?
- Can my employer make me use the restroom matching my sex assigned at birth?
- Is being repeatedly misgendered at work illegal?
- Can my employer say customers or coworkers are uncomfortable with me?
- What if I never told my employer I am gay or transgender?
- Does my health plan have to cover gender-affirming care?
- What damages can I recover in an LGBTQ discrimination case in New York?
Read the full guide to Sexual Orientation and Gender Identity Discrimination in New York Workplaces
Caregiver and Family Status Discrimination in New York Workplaces
- Is it illegal to discriminate against someone for having children in New York?
- What does "familial status" mean under the New York State Human Rights Law?
- Who counts as a "caregiver" under the New York City Human Rights Law?
- Does the New York City caregiver law require my employer to change my schedule?
- Can my employer ask whether I have kids or who watches them?
- I was written up for absences when my child was sick. Is that discrimination?
- My employer treats me worse since my son was diagnosed with a serious illness. What claim is that?
- Are fathers protected too?
Read the full guide to Caregiver and Family Status Discrimination in New York Workplaces
Criminal Conviction Discrimination and the Fair Chance Act in New York
- Is it illegal for a New York employer to refuse to hire you because of a criminal conviction?
- What is the New York City Fair Chance Act?
- Can an employer ask about arrests that never led to a conviction?
- What is a "direct relationship" between a conviction and a job?
- What are the eight Article 23-A factors an employer must consider?
- Can I make an employer explain in writing why it rejected me?
- Does the Clean Slate Act mean my employer can never see my conviction?
- Does federal law protect people with criminal records?
Read the full guide to Criminal Conviction Discrimination and the Fair Chance Act in New York
Sexual Harassment and Assault
- Is it still sexual harassment if it only happened once?
- Do I have to report harassment to HR before I can sue in New York?
- What if my employer is very small?
- Can I sue the harasser personally, or only the company?
- How long do I have to file a sexual harassment claim in New York?
- Can I be fired for reporting sexual harassment?
- Does the harassment have to be sexual in nature?
- What if I signed an arbitration agreement or an NDA?
- What compensation can I recover in a sexual harassment case?
- Will my employer find out that I contacted a lawyer?
- Do I have to pay anything upfront?
Retaliation and Whistleblower Claims
- What counts as retaliation at work in New York?
- Is retaliation illegal even if my original complaint was wrong?
- How long do I have to file a retaliation claim in New York?
- What do I have to prove to win a retaliation case?
- Does my employer have to know I complained?
- Do I have to complain to my employer before filing a whistleblower claim?
- Can I be retaliated against for asking about my pay or reporting unpaid overtime?
- What compensation can I recover in a retaliation case?
- Am I protected if I am a contractor or a former employee?
- My employer says I was fired for performance. Does that end my case?
- Should I sign a severance agreement after reporting my employer?
- What does it cost to hire a retaliation lawyer?
Disability Discrimination and ADA Accommodation
- Does my employer have to give me the exact accommodation I asked for?
- Do I have to tell my employer my diagnosis to get an accommodation?
- Are anxiety, depression, PTSD, or ADHD disabilities under New York law?
- Can I be fired while I am out on medical leave?
- How long do I have to file a disability discrimination claim in New York?
- What if my employer never responded to my accommodation request?
- Can my employer ask for a doctor's note?
- Is working from home a reasonable accommodation?
- Does the ADA apply if my employer is small?
- What compensation can I recover in a disability discrimination case?
- Do I have to pay anything upfront to hire a disability discrimination lawyer?
Read the full guide to Disability Discrimination and ADA Accommodation
Severance Agreements and Employment Contracts
- Do I have to sign a severance agreement?
- Can I negotiate a severance package, or is the first offer final?
- How much severance am I entitled to in New York?
- How long do I have to review a severance agreement?
- Can I still file an EEOC charge after I sign a release?
- Will severance pay affect my New York unemployment benefits?
- Is severance pay taxable?
- Are non-compete agreements enforceable in New York?
- Can a severance agreement stop me from talking about harassment I experienced?
- What can be negotiated in a severance agreement besides the money?
- What happens if I signed already and want out?
- What does it cost to have a lawyer review my severance agreement?
Read the full guide to Severance Agreements and Employment Contracts
Employment Litigation
- Do I have to file with the EEOC before I can sue my employer in New York?
- How long does an employment lawsuit take in New York?
- What is a right-to-sue letter and what do I do when I get one?
- Can I sue my employer if I signed an arbitration agreement?
- What do I have to prove to win an employment discrimination case?
- What is discovery in an employment case, and will my employer see my private information?
- What compensation can I recover in an employment lawsuit?
- Will I have to go to court or testify in public?
- Can my employer retaliate against me for filing a claim?
- How much does it cost to hire an employment lawyer?
- Should I file in state court or federal court in New York?
- What if I already signed a severance agreement?
Where to File a Discrimination Complaint in New York
- Does filing with the EEOC stop me from suing later?
- Does filing with the NYS Division of Human Rights stop me from suing?
- What are the three exceptions that preserve my right to sue?
- The EEOC sent my charge to the Division. Have I lost my right to sue?
- Does the bar apply to my federal claims too?
- Does filing with a county human rights commission count?
- How long do I have to file with the Division of Human Rights?
- How long do I have to file a charge with the EEOC?
- What is a right-to-sue letter and when can I get one?
- I already filed with the Division. What can I do now?
Read the full guide to Where to File a Discrimination Complaint in New York
Healthcare and Hospital Employees
- Can a nurse be forced to work overtime in New York?
- Does "regularly scheduled work hours" include on-call time and shift report?
- What is the difference between Labor Law § 740 and Labor Law § 741?
- How long do I have to file a § 741 health care whistleblower claim?
- Who counts as a "health care employee" under § 741?
- Do I have to tell my supervisor before I report a patient safety problem?
- My hospital deducts 30 minutes for lunch even when I work through it. Is that legal?
- Are registered nurses entitled to overtime pay?
- I work at Stony Brook. Is my case different from a case against a private hospital?
- Can I take copies of patient records to prove what happened?
- Does filing a union grievance protect my legal claim?
Non-Competes and Restrictive Covenants
- Did New York ban non-compete agreements?
- Didn't the FTC ban non-competes nationwide?
- Are non-compete agreements enforceable in New York?
- What is the difference between a non-compete and a non-solicitation agreement?
- My employer fired me. Does my non-compete still apply?
- What happens to my unvested equity and deferred compensation if I go to a competitor?
- Can my employer stop my new employer from hiring me?
- Does a non-compete apply to physicians and nurses in New York?
- I was asked to sign a non-compete after I already started the job. Does that matter?
- Can a non-compete be negotiated or released when I leave?
- What does it cost to have a non-compete reviewed?
Read the full guide to Non-Competes and Restrictive Covenants
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