New York State Employee Legal Issues

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 What Is Considered a New York State Employee?

Under New York Labor Law Section 190(2), an employee is defined as any person that is employed for hire by an employer in any employment. However, there are some exclusions to that definition. In order to be considered an employee:

  • The employment relationship must involve work performed for hire
  • The individual must be employed by an “employer,” which under Section 190(3) includes “any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business or service”

It is important to note that governmental agencies are specifically excluded from the definition of “employer.” Additionally, minor league baseball players in New York operating under specific collective bargaining agreements are also excluded from certain provisions of the Labor laws.

It is important to also note that employment status in New York is not determined merely by designation. Instead, as established by New York employment law, the classification depends on the economic realities of the relationship, with focus on:

  • The degree of control of the employee exercised by the employer
  • Whether the worker is economically dependent on the employer
  • Whether the individual is operating as an independent business

Importantly, misclassification of employees can result in legal penalties for both employees and employers. As such, it is recommended for both parties to set up a lawyer consultation in New York with a New York lawyer if they have questions about employment status.

There are numerous different legal disputes that may arise concerning individuals employed by the state. Examples of common state employment disputes include:

  • Wage and Hour Compliance: New York state employees frequently encounter wage and hour issues under the Wage Theft Prevention Act (“WTPA”)
    • Common challenges include proper overtime calculation and payment, mandatory meal break compliance, required wage notices and documentation, and issues with timekeeping
  • Discrimination and Harassment: New York State Human Rights Law provides broader protections than federal law and protects New York state employees from protected class discrimination, sexual harassment, and requires reasonable accommodations and mandatory annual training compliance from employers
  • Leave Rights: State employees must often navigate complex leave entitlements, such as New York Paid Family Leave, paid sick leave, military leave rights, and disability accommodations
  • Workplace Safety and Health: Under New York labor laws, employees have specific rights regarding occupational safety standards, workplace hazard reporting, retaliation protection, and safety equipment requirements
  • Employment Status and Classification: Legal issues often arise concerning whether or not an employee’s classification was proper, the employee’s civil service status, and issues surrounding union membership rights

What Is Privacy in the Workplace?

New York recognizes fundamental privacy rights for employees while also balancing legitimate business interests of employers. These privacy protections exist through both statutory law and common law.

First, New York provides electronic privacy through the following legal provisions:

A. For personal accounts, employers are restricted from:

  • Demanding access to an employee’s personal social media accounts
  • Requiring employees to show private online content
  • Coercing disclosure of personal login credentials from employees
  • Retaliating against employees who refuse such privacy requests

B. For electronic monitoring, under New York Civil Rights Law Section 52-c:

  • Employers must notify all employees of any electronic monitoring
  • There must be written acknowledgment of any monitoring policies in place
  • The notice of privacy must specify types of monitoring being conducted
  • Annual reminders of monitoring policies are mandatory for employers

New York law also provides physical privacy protections for employees through the following provision:

A. New York Labor Law establishes clear boundaries concerning surveillance by:

  • Prohibiting video monitoring in private spaces
  • Requiring legitimate business purpose for surveillance
  • Protecting against intrusive observation methods

B. The law also recognizes an employee’s personal space rights to:

  • Reasonable privacy in personal belongings
  • Protection from unreasonable searches
  • Privacy in designated changing areas
  • Confidentiality of their personal information

C. Health Information: When it comes to medical privacy, employers must:

  • Maintain confidentiality of medical records
  • Separate an employee’s medical files from their personnel files
  • Limit access to medical files to only authorized personnel
  • Protect an employee’s genetic information

It is important for both employers and employees to document any privacy related incidents, as well as maintain clear records of policies and their implementation. For employers, regular policy updates are essential in order to reflect the ever evolving privacy standards and technological changes being made in New York. A New York workplace lawyer will be able to ensure that privacy policies follow state and federal law.

Can New York State Employees Be Fired?

In short, yes. It is important to note that New York is an “at-will” employment state. This means that private sector employees can be terminated for any reason or no reason, as long as it’s not for an illegal purpose. However, state employees typically have additional protections through:

  • Civil service laws
  • Collective bargaining agreements
  • Union contracts that require “good cause” for an employee’s termination
  • Due process rights

Importantly, it’s illegal to fire any employee, including state employees, for:

  • Any discriminatory purpose, such as discrimination based on a protected characteristic
  • Whistleblowing
  • Retaliation for filing complaints about any labor law violations
  • Exercising their legal rights

Further, state employees covered by union contracts or civil service protections generally have additional rights to:

  • Notice of termination
  • An opportunity to respond to charges
  • Grievance procedures
  • Appeal processes

Even with all of the above protections, state employees can still be terminated for legitimate reasons, such as poor performance, misconduct, or budget cuts. If you are a state employee who has been terminated, and you believe it wasn’t for legitimate purposes, then state employee legal services may be able to assist you with your case.

How Do State Employees File an Employment Complaint?

New York state employees can file an employment complaint in many different ways, with the specific pathway determined by the nature of their complaint. For instance, for discrimination or harassment claims, employees must file with the New York State Division of Human Rights within three years of the incident for any acts occurring after February 15, 2024.

Employees facing workplace discrimination also have the option to file complaints with either the Department of Labor or the Division of Human Rights. Although each agency has its own distinct process, most require formal documentation to be submitted and offer online filing systems for easier submission.

For individuals experiencing wage disputes or issues with employment conditions, they can submit their complaints through the New York State Attorney General’s office, which provides an online portal for employment related issues.

If the employee is a part of a union, they should first work through their union representatives and follow the specific grievance procedures outlined in their collective bargaining agreements.

If you are a state employee and are encountering a legal issue concerning your employment, it is recommended to seek guidance from an experienced New York workplace lawyer. LegalMatch can assist you in connecting you with a qualified attorney who is well versed in New York’s laws that cover state employees.

An attorney who is experienced in workplace law can help you determine your best course of legal action for resolving your employment related issues, as well as answer any questions you may have concerning your specific case.

Should administrative remedies not resolve your issues, an experienced attorney can help you build a strong case by gathering necessary evidence and even filing a private lawsuit on your behalf against your employer.

Whether through negotiation, mediation, or court proceedings, an employment lawyer can help you work to protect your interests and secure remedies for any injuries or damages you may have suffered as a result of your employment issue. They can also represent you at any court proceedings, as needed.

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